Legal Profession Act 1987 - Legal Profession Amendment (Indictable Offences) Regulation 2000 (2000-644) [GG No 146 of 10.11.2000, p 11605] (NSW)
2000 No 644
| Legal Profession Amendment | New South Wales |
(Indictable Offences) Regulation 2000
under the
Legal Profession Act 1987
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Legal Profession Act 1987.
BOB DEBUS, M.P.,
Attorney General
Explanatory note
The object of this Regulation is to require applicants for practising certificates to disclose to the Bar Council or Law Society Council any indictable offence with which the applicant has been found guilty.
This Regulation is made under the Legal Profession Act 1987, including sections
30 and 216.
| Published in Gazette No 146 of 10 November 2000, page 11605 | Page 1 |
| [4] | |
| 2000 No 644 | |
| Clause 1 | Legal Profession Amendment (Indictable Offences) Regulation 2000 |
Legal Profession Amendment (Indictable Offences)
Regulation 2000
1 Name of Regulation
This Regulation is the Legal Profession Amendment (Indictable
Offences) Regulation 2000.
2 Amendment of Legal Profession Regulation 1994
The Legal Profession Regulation 1994 is amended as set out in
Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
2000 No 644
Legal Profession Amendment (Indictable Offences) Regulation 2000
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 2)
[1] Clause 6 Information in application: section 30
Insert after clause 6 (1) (c):
(d) if the practitioner has been found guilty of any indictable offence—the nature of the offence.
[2] Clause 6 (1A)
Insert after clause 6 (1):
(1A) Subclause (1) (d):
(a)
applies to any indictable offence whether or not committed in the course of practice as a legal practitioner, and
(b)
applies to any finding of guilt of an indictable offence whether or not the court proceeded to a conviction for the offence, and
(c)
applies to an indictable offence committed in New South Wales or to an offence committed outside New South Wales (so long as it would have been an indictable offence if committed in New South Wales), and
(d)
applies to a finding of guilt even if other persons are prohibited from disclosing the identity of the offender, and
(e)
applies to an indictable offence committed before the commencement of subclause (1) (d) (and so applies whether the finding of guilt was made before or after that commencement), and
(f)
does not apply to a finding of guilt previously disclosed in an application for a practising certificate.
2000 No 644
Legal Profession Amendment (Indictable Offences) Regulation 2000
| Schedule 1 | Amendments |
[3] Clause 10 Information included
Insert at the end of clause 10:
(2) The appropriate Council is not to include in a register
information supplied under clause 6 (1) (d).
[4] Clause 12 Notification of change in particulars
Insert after clause 12 (3):
(4)
For the purposes of this clause, a change in particulars includes a change in the information required to be disclosed under clause 6 (1) (d).
BY AUTHORITY
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