Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“impairment” means —
(a)
mental disability;
(b)
injury;
(c)
physical illness;
(d)
dependence on alcohol;
(e)
addiction to a deleterious drug or substance;
“incapable practitioner” means a
legal practitioner whose impairment is such that the ability of the person to
practise as a legal practitioner is, or is likely to be, adversely affected;
"insolvent practitioner" means —
(a) a
legal practitioner who is an insolvent under administration within the meaning
of the Corporations Act;
(b) a
legal practitioner director of an incorporated legal practice that is
insolvent within the meaning of the Corporations Act;
“unfit practitioner” means a
legal practitioner who —
(a) is
not a fit and proper person to hold a practice certificate;
(b) has
failed to comply with a condition to which the issue of the
practitioner’s practice certificate was subject;
(c) has
contravened an order made in respect of the practitioner by the
Complaints Committee or Disciplinary Tribunal;
(d) has
contravened a provision of this Act;
(e) is
in prison; or
(f) is
otherwise unfit to engage in legal practice.
(2) If an applicant
for, or holder of, a practice certificate is an insolvent practitioner, the
Board may apply to the Disciplinary Tribunal for a hearing and determination
under section 188.
(3) If the Board
suspects or believes that —
(a) an
applicant for, or holder of, a practice certificate is an incapable
practitioner or an unfit practitioner; and
(b) it
would —
(i)
be in the public interest or in the interest of the legal
practitioner’s clients or potential clients; or
(ii)
protect the integrity of the legal profession or the
administration of justice,
if the application
were refused, or the practice certificate suspended or cancelled,
the Board may, without
further inquiry, apply to the Disciplinary Tribunal for a hearing and
determination under section 188.