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Legal Profession Act 2006
589Associates who are disqualified or convicted people
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589 Associates who are disqualified or convicted people
(1) A law practice must not have a person as a lay associate if—
(a) a principal, or other legal practitioner associate, of the practice
knows that the person—
(i) is a disqualified person; or
(ii) has been convicted of a serious offence; and
(b) the person is not approved by the relevant council under
(2) The relevant council may, on application, approve a lay associate for
(3) An approval under this section may be subject to stated conditions.
(4) A person may appeal to the Supreme Court against a decision of the
relevant council under subsection (2) or (3).
(5) A person commits an offence if—
(a) the person is—
(i) a disqualified person; or
(ii) a person who has been convicted of a serious offence; and
(b) the person applies to become a lay associate of a law practice;
and
(c) the person has not told the law practice of the disqualification or
conviction.
(6) Proceedings for an offence under subsection (5) may only be brought
within 6 months after discovery of the offence by the law practice.
(7) This section does not apply in circumstances prescribed by
lay associate, of a law practice, includes a consultant to the law
practice (however described) who—
(a) is not an Australian legal practitioner; and
(b) provides legal or related services to the law practice, other than
services of a kind prescribed by regulation.
Note Lay associate is defined for the Act in s 9 (Terms relating to associates
and principals of law practices).