ACTIn ForceAct
Legal Profession Act 2006
Part 5body corporate;
Start here
Get a plain-English read of Part 5
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
Chapter 5 body corporate;
(d) whether the person has been convicted of an offence in Australia
or a foreign country, and if so—
(i) the nature of the offence; and
(ii) how long ago the offence was committed; and
(iii) the person’s age when the offence was committed;
Note 1 The admission rules may make provision for the convictions that
must be disclosed by an applicant and those that need not be
disclosed.
Note 2 Section 13 (References to conviction and quashing of conviction)
provides that reference to a conviction includes a finding of guilt,
or the acceptance of a guilty plea, whether or not a conviction is
recorded.
(e) whether the person engaged in legal practice in Australia—
(i) when not admitted, or not holding a practising certificate,
as required under this Act or a previous territory law that
corresponds to this Act or under a corresponding law; or
(ii) if the person was admitted—in contravention of a
condition of admission; or
(iii) if the person held an Australian practising certificate— in
contravention of a condition of the certificate or while the
certificate was suspended;
(f) whether the person has practised law in a foreign country—
(i) when not permitted under a law of that country to do so; or
(ii) if permitted to do so, in contravention of a condition of the
permission;
(g) whether the person is currently subject to an unresolved
complaint, investigation, charge or order under any of the
(i) this Act or a previous territory law that corresponds to this
Act;
(ii) a corresponding law or corresponding foreign law;
(h) whether the person—
(i) is the subject of current disciplinary action, however
expressed, in another profession or occupation in Australia
or a foreign country; or
(ii) has been the subject of disciplinary action, however
expressed, relating to another profession or occupation that
involved a finding of guilt;
(i) whether the person’s name has been removed from—
(i) a local roll, and has not since been restored to or entered on
a local roll; or
(ii) an interstate roll, and has not since been restored to or
entered on an interstate roll; or
(iii) a foreign roll;
(j) whether the person’s right to engage in legal practice has been
suspended or cancelled in Australia or a foreign country;
(k) whether the person has contravened, in Australia or a foreign
country, a law about trust money or trust accounts;
(l) whether, under this Act, a law of the Commonwealth or a
corresponding law, a supervisor, manager or receiver, however
described, is or has been appointed in relation to any legal
practice engaged in by the person;
(m) whether the person is or has been subject to an order, under this
Act, a law of the Commonwealth or a corresponding law,
disqualifying the person from being employed by, or a partner
of, an Australian legal practitioner or from managing a
corporation that is an incorporated legal practice;
(n) whether the person currently is unable to satisfactorily carry out
the inherent requirements of practice as an Australian legal
(2) A matter is a suitability matter even if it happened before the
commencement of this section.