Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“outside this State” includes outside
Australia;
“regulatory authority” means a body,
in a jurisdiction outside this State, which regulates in that jurisdiction the
professional conduct of persons in respect of functions similar in kind to the
functions of a legal practitioner.
(2) A reference in
subsection (3) to “striking off the roll” or
“suspension from practice”, in relation to a jurisdiction outside
this State, includes a reference to any consequence of —
(a)
judicial proceedings; or
(b)
proceedings before a regulatory authority outside this State,
which, however it may
be described in that jurisdiction, is substantially similar in effect to
striking off or suspension.
(3) A
legal practitioner admitted to practice in this State who was, in any other
jurisdiction, struck off the roll or suspended from practice —
(a) is
not while so struck off or suspended entitled to engage in legal practice in
this State, whether or not as an employee, unless the Board has consented to
his or her doing so; and
(b) is
liable upon the report of the Disciplinary Tribunal to the Full Court to be
struck off the Roll of Practitioners, or suspended from practice, as the case
may require.
(4) The Board may
exercise its powers of inquiry under section 41(2) for the purposes of
determining whether to give its consent under subsection (3)(3)(a) and
may give that consent subject to conditions.
(5) The
Complaints Committee may inquire of a court or regulatory authority outside
the State as to —
(a)
whether any determination, conviction or finding was made; and
(b) the
circumstances giving rise to, and the consequences of, any determination,
conviction, or finding that was made,
in respect of a person
referred to in subsection (3).
(6) The
Complaints Committee may refer any matter to which this section relates to the
Disciplinary Tribunal, which has jurisdiction to make a finding, and power to
make and transmit to the Full Court a report, with respect to the matter.
(7) For the purposes
of subsection (6) the provisions of this Part apply as though being
struck off the roll or suspended from practice in another jurisdiction
constituted unsatisfactory conduct.
(8) Nothing in this
section affects the operation of section 98.