Practising certificate conditions

Practising certificate conditions

A practitioner who is granted a practising certificate by the ACT Law Society may be subject to statutory conditions or conditions imposed by the Council on their entitlement to practise. Those conditions are listed below.

Any holder of a practising certificate granted by the Council of the Law Society is entitled to engage in legal practice in the ACT as a volunteer providing pro bono legal services through a law practice or under an arrangement approved by the Council.

 

Code

Condition

Unrestricted practising certificate

The holder of an unrestricted practising certificate is entitled to practice as a principal of a law practice as defined in section 9 of the Legal Profession Act 2006 (ACT).

C1 (Restricted practising certificate)

The holder is not entitled to practice as a principal of a law practice.

The term ‘principal’ is defined in section 9 of the Legal Profession Act 2006 (ACT). In addition section 50 also provides that the holder must not engage in unsupervised legal practice as a solicitor until the holder has completed a period of supervised legal practice prescribed by Regulation 13.

C2 (Government or in-house lawyer)

The holder must not engage in legal practice otherwise than as a government lawyer engaged in government work or by providing in-house legal services for a corporation by which the holder is employed.

Statutory requirement pursuant to section 38 of the Legal Profession Act 2006 (ACT)

C3 (must complete Practice Management Course)

The holder must successfully complete an approved Practice Management Course within a period set by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C4 (must obtain PII insurance)

The holder must obtain professional indemnity insurance before engaging in legal practice in Australia on his or her own account or as a partner in a law firm.

Statutory requirement pursuant to section 311 of the Legal Profession Act 2006 (ACT)

C5 (Barrister)

The holder is subject to the conditions and restrictions imposed upon barristers by the ACT Bar Association.

Statutory requirement pursuant to section 49 of the Legal Profession Act 2006 (ACT).

C6 (must only practice in specified areas of law)

The holder is permitted to practice in the area(s) of law specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006 (ACT).

C7 (must undertake specified training or study)

The holder is required to undertake a course of study or training specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006 (ACT).

C8 (must not operate a trust account or deal with trust monies)

The holder is not permitted to operate a trust account or to otherwise deal with trust, transit or controlled money.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006 (ACT).

C9 (other)

Other (please contact the Society for more information).

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006 (ACT)
 

 

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