QLDIn ForceAct
Legal Profession Act 2007
sec.188Amending, suspending or cancelling registration
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### sec.188 Amending, suspending or cancelling registration
If the law society believes a ground exists to amend, suspend or cancel a person’s registration in this jurisdiction as a foreign lawyer (the proposed action ), the law society must give the person a notice (the show cause notice ) that—
states the proposed action and—
if the proposed action is to amend the person’s registration—the proposed amendment; or
if the proposed action is to suspend the person’s registration—the proposed suspension period; and
states the grounds for proposing to take the proposed action; and
states an outline of the facts and circumstances that form the basis for the law society’s belief; and
invites the person to make written representations to the law society, within a stated time of not less than 28 days, as to why the proposed action should not be taken.
If, after considering all written representations made within the stated time or, in its discretion, after the stated time, the law society still believes a ground exists to take the proposed action, the law society may—
if the show cause notice stated the proposed action was to amend the person’s registration—amend the registration in the way stated, or in another way the law society considers appropriate because of the written representations; or
if the show cause notice stated the proposed action was to suspend the person’s registration for a stated period—suspend the registration for a period no longer than the stated period; or
if the show cause notice stated the proposed action was to cancel the person’s registration—
cancel the registration; or
suspend the registration for a period; or
amend the registration in a less onerous way the law society considers appropriate because of the written representations.
If the law society decides to amend, suspend or cancel the person’s registration—
the law society must give the person an information notice about the law society’s decision; and
the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.
In this section—
amend , in relation to registration, means amend the registration under section 203 during its currency, otherwise than at the request of the foreign lawyer concerned.
s 188 amd 2009 No. 24 s 1497
(sec.188-ssec.1) If the law society believes a ground exists to amend, suspend or cancel a person’s registration in this jurisdiction as a foreign lawyer (the proposed action ), the law society must give the person a notice (the show cause notice ) that— states the proposed action and— if the proposed action is to amend the person’s registration—the proposed amendment; or if the proposed action is to suspend the person’s registration—the proposed suspension period; and states the grounds for proposing to take the proposed action; and states an outline of the facts and circumstances that form the basis for the law society’s belief; and invites the person to make written representations to the law society, within a stated time of not less than 28 days, as to why the proposed action should not be taken.
(sec.188-ssec.2) If, after considering all written representations made within the stated time or, in its discretion, after the stated time, the law society still believes a ground exists to take the proposed action, the law society may— if the show cause notice stated the proposed action was to amend the person’s registration—amend the registration in the way stated, or in another way the law society considers appropriate because of the written representations; or if the show cause notice stated the proposed action was to suspend the person’s registration for a stated period—suspend the registration for a period no longer than the stated period; or if the show cause notice stated the proposed action was to cancel the person’s registration— cancel the registration; or suspend the registration for a period; or amend the registration in a less onerous way the law society considers appropriate because of the written representations.
(sec.188-ssec.3) If the law society decides to amend, suspend or cancel the person’s registration— the law society must give the person an information notice about the law society’s decision; and the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.
(sec.188-ssec.4) In this section— amend , in relation to registration, means amend the registration under section 203 during its currency, otherwise than at the request of the foreign lawyer concerned.
- (a) states the proposed action and— (i) if the proposed action is to amend the person’s registration—the proposed amendment; or (ii) if the proposed action is to suspend the person’s registration—the proposed suspension period; and
- (i) if the proposed action is to amend the person’s registration—the proposed amendment; or
- (ii) if the proposed action is to suspend the person’s registration—the proposed suspension period; and
- (b) states the grounds for proposing to take the proposed action; and
- (c) states an outline of the facts and circumstances that form the basis for the law society’s belief; and
- (d) invites the person to make written representations to the law society, within a stated time of not less than 28 days, as to why the proposed action should not be taken.
- (i) if the proposed action is to amend the person’s registration—the proposed amendment; or
- (ii) if the proposed action is to suspend the person’s registration—the proposed suspension period; and
- (a) if the show cause notice stated the proposed action was to amend the person’s registration—amend the registration in the way stated, or in another way the law society considers appropriate because of the written representations; or
- (b) if the show cause notice stated the proposed action was to suspend the person’s registration for a stated period—suspend the registration for a period no longer than the stated period; or
- (c) if the show cause notice stated the proposed action was to cancel the person’s registration— (i) cancel the registration; or (ii) suspend the registration for a period; or (iii) amend the registration in a less onerous way the law society considers appropriate because of the written representations.
- (i) cancel the registration; or
- (ii) suspend the registration for a period; or
- (iii) amend the registration in a less onerous way the law society considers appropriate because of the written representations.
- (i) cancel the registration; or
- (ii) suspend the registration for a period; or
- (iii) amend the registration in a less onerous way the law society considers appropriate because of the written representations.
- (a) the law society must give the person an information notice about the law society’s decision; and
- (b) the person may apply, as provided under the QCAT Act , to the tribunal for a review of the decision.