sec.9Suitability matters

### sec.9 Suitability matters Each of the following is a suitability matter in relation to a natural person— whether the person is currently of good fame and character; whether the person is or has been an insolvent under administration; whether the person is or has been a legal practitioner director of an incorporated legal practice while the practice is or was a chapter 5 body corporate; whether the person is or has been a director of a corporation while the corporation is or was a chapter 5 body corporate; whether the person has been convicted of an offence in Australia or a foreign country, and if so— the nature of the offence; and how long ago the offence was committed; and the person’s age when the offence was committed; whether the person engaged in legal practice in Australia— when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or if admitted to the legal profession, in contravention of a condition on which admission was granted; or if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended; whether the person has practised law in a foreign country— when not permitted under a law of that country to do so; or if permitted to do so, in contravention of a condition of the permission; whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following— a relevant law; a corresponding law; a corresponding foreign law; whether the person— is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt; whether the person’s name has been removed from— a local roll but has not since been restored to or entered on a local roll; or an interstate roll, but has not since been restored to or entered on an interstate roll; or a foreign roll; whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; whether, under a relevant law, 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; whether the person is or has been subject to an order under this Act, a previous 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; whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner; a matter declared under an Act to be a suitability matter. A matter under subsection (1) is a suitability matter even though it happened before the commencement of this section. s 9 amd 2009 No. 53 s 157 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 2017 No. 17 s 157 ; 2020 No. 15 s 135 (sec.9-ssec.1) Each of the following is a suitability matter in relation to a natural person— whether the person is currently of good fame and character; whether the person is or has been an insolvent under administration; whether the person is or has been a legal practitioner director of an incorporated legal practice while the practice is or was a chapter 5 body corporate; whether the person is or has been a director of a corporation while the corporation is or was a chapter 5 body corporate; whether the person has been convicted of an offence in Australia or a foreign country, and if so— the nature of the offence; and how long ago the offence was committed; and the person’s age when the offence was committed; whether the person engaged in legal practice in Australia— when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or if admitted to the legal profession, in contravention of a condition on which admission was granted; or if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended; whether the person has practised law in a foreign country— when not permitted under a law of that country to do so; or if permitted to do so, in contravention of a condition of the permission; whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following— a relevant law; a corresponding law; a corresponding foreign law; whether the person— is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt; whether the person’s name has been removed from— a local roll but has not since been restored to or entered on a local roll; or an interstate roll, but has not since been restored to or entered on an interstate roll; or a foreign roll; whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; whether, under a relevant law, 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; whether the person is or has been subject to an order under this Act, a previous 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; whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner; a matter declared under an Act to be a suitability matter. (sec.9-ssec.2) A matter under subsection (1) is a suitability matter even though it happened before the commencement of this section. - (a) whether the person is currently of good fame and character; - (b) whether the person is or has been an insolvent under administration; - (c) whether the person is or has been a legal practitioner director of an incorporated legal practice while the practice is or was a chapter 5 body corporate; - (d) whether the person is or has been a director of a corporation while the corporation is or was a chapter 5 body corporate; - (e) 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; - (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; - (f) whether the person engaged in legal practice in Australia— (i) when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or (ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or (iii) if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended; - (i) when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or - (ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or - (iii) if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended; - (g) 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; - (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; - (h) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following— (i) a relevant law; (ii) a corresponding law; (iii) a corresponding foreign law; - (i) a relevant law; - (ii) a corresponding law; - (iii) a corresponding foreign law; - (i) 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) 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; - (j) whether the person’s name has been removed from— (i) a local roll but has not since been restored to or entered on a local roll; or (ii) an interstate roll, but has not since been restored to or entered on an interstate roll; or (iii) a foreign roll; - (i) a local roll but has not since been restored to or entered on a local roll; or - (ii) an interstate roll, but has not since been restored to or entered on an interstate roll; or - (iii) a foreign roll; - (k) whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; - (l) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; - (m) whether, under a relevant law, 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; - (n) whether the person is or has been subject to an order under this Act, a previous 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; - (o) whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner; - (p) a matter declared under an Act to be a suitability matter. - (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; - (i) when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or - (ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or - (iii) if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended; - (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; - (i) a relevant law; - (ii) a corresponding law; - (iii) a corresponding foreign law; - (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) a local roll but has not since been restored to or entered on a local roll; or - (ii) an interstate roll, but has not since been restored to or entered on an interstate roll; or - (iii) a foreign roll;