Legal Profession Act 2004 No 112
Current version for 4 July 2014 to date (accessed 22 December 2014 at 05:42)

Division 5 Conditions on local practising certificates

49   Conditions generally

(1)  A local practising certificate is subject to:
(a)  any conditions imposed by the appropriate Council, and
(b)  any statutory conditions imposed by this or any other Act, and
(c)  any conditions imposed by or under the legal profession rules or the regulations, and
(d)  any conditions imposed or varied by the Tribunal under section 51 (Imposition or variation of conditions pending criminal proceedings), and
(e)  any conditions imposed under Chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to Chapter 4.
(2)  If a condition is imposed, varied or revoked under this Act (other than a statutory condition) during the currency of the local practising certificate concerned, the certificate is to be amended by the appropriate Council, or a new certificate is to be issued by the Council, to reflect on its face the imposition, variation or revocation.

50   Conditions imposed by Council

(1)  The appropriate Council may impose conditions on a local practising certificate:
(a)  when it is granted or renewed, or
(b)  during its currency (in accordance with section 61 (Amending, suspending or cancelling local practising certificate)).
(2)  A condition imposed under this section must be reasonable and relevant.
(3)  A condition imposed under this section may be about any of the following:
(a)  requiring the holder of the practising certificate to undertake and complete:
(i)  continuing legal education, or
(ii)  specific legal education or training, or
(iii)  a period of supervised legal practice,
(b)  restricting the areas of law practised,
(c)  controlling, restricting or prohibiting the operation of a trust account,
(d)  restricting the holder to particular conditions concerning employment or supervision,
(e)  requiring the holder of the practising certificate to undergo counselling or medical treatment or to act in accordance with medical advice given to the holder,
(f)  requiring the holder of the practising certificate to use the services of an accountant or other financial specialist in connection with his or her practice,
(g)  requiring the holder of the practising certificate to provide the appropriate Council with evidence as to any outstanding tax obligations of the holder and as to provision made by the holder to satisfy any such outstanding obligations,
(h)  a matter agreed to by the holder.
(4)  Subsection (3) does not limit the matters about which a condition may be imposed under this section.
(5)  The appropriate Council must not impose a condition requiring the holder to undertake and complete specific legal education or training unless:
(a)  the Council is satisfied, having regard to:
(i)  the nature or currency of the holder’s academic studies, legal training or legal experience, or
(ii)  the holder’s conduct,
that it is reasonable to require the specific legal education or training to be undertaken, or
(b)  the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising certificates.
Note. A class of holders might comprise newly qualified lawyers, or lawyers returning to legal practice after suspension or an extended break.
(6)  The appropriate Council may vary or revoke conditions imposed under this section.
(7)  If the appropriate Council imposes, varies or revokes a condition during the currency of the local practising certificate concerned, the imposition, variation or revocation takes effect when the holder has been notified of it or a later time specified by the Council.
(8)  If the appropriate Council imposes a condition on the certificate when it is granted or renewed and the holder of the certificate within one month after the grant or renewal notifies the Council in writing that he or she does not agree to the condition, the Council must, as soon as practicable, give the holder an information notice.
(9)  This section has effect subject to section 61 (Amending, suspending or cancelling local practising certificate) in relation to the imposition of a condition on a local practising certificate during its currency.

51   Imposition or variation of conditions pending criminal proceedings

(1)  If a local legal practitioner has been charged with a relevant offence but the charge has not been determined, the appropriate Council may apply to the Tribunal for an order under this section.
(2)  On an application under subsection (1), the Tribunal, if it considers it appropriate to do so having regard to the seriousness of the offence and to the public interest, may make either or both of the following orders:
(a)  an order varying the conditions on the practitioner’s local practising certificate, or
(b)  an order imposing further conditions on the practitioner’s local practising certificate.
(3)  An order under this section has effect until the sooner of:
(a)  the end of the period specified by the Tribunal, or
(b)  if the practitioner is convicted of the offence—28 days after the day of the conviction, or
(c)  if the charge is dismissed—the day of the dismissal.
(4)  The Tribunal, on application by any party, may vary or revoke an order under this section at any time.
(5)  In this section:

relevant offence means a serious offence or an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act.

52   Statutory condition regarding conditions imposed on interstate admission

It is a statutory condition of a local practising certificate that the holder must not contravene a condition that was imposed on the admission of the person to the legal profession under a corresponding law (with any variations of the condition made from time to time) and that is still in force.
Note. Contravention of a condition imposed on admission locally is dealt with in section 58 (Compliance with conditions).

53   Statutory condition regarding practice as solicitor

(1)  It is a statutory condition of a local practising certificate for a solicitor that the holder must engage in supervised legal practice only, until the holder has completed:
(a)  if the holder completed practical legal training principally under the supervision of an Australian legal practitioner, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in this or another jurisdiction—a period or periods equivalent to 18 months’ supervised legal practice, worked out under relevant regulations, after the day the holder’s first practising certificate was granted, or
(b)  if the holder completed other practical legal training to qualify for admission to the legal profession in this or another jurisdiction—a period or periods equivalent to 2 years’ supervised legal practice, worked out under relevant regulations, after the day the holder’s first practising certificate was granted.
(2)  Subsection (1) has effect subject to any other conditions that relate to engaging in supervised legal practice as a solicitor after a period or periods referred to in that subsection.
(3)  A Council may exempt a person or class of persons from the requirement for supervised legal practice under subsection (1) or may reduce a period referred to in that subsection for a person or class of persons, if satisfied that the person or persons do not need to be supervised or need to be supervised only for a shorter period, having regard to:
(a)  the length and nature of any legal practice previously engaged in by the person or persons, and
(b)  the length and nature of any legal practice engaged in by the supervisors (if any) who previously supervised the legal practice engaged in by the person or persons.
(4)  An exemption under subsection (3) may be given unconditionally or subject to such conditions as the Council thinks appropriate.

54   Statutory condition regarding practice as a barrister

(1)  It is a statutory condition of a local practising certificate for a barrister (but not a solicitor and barrister) that the barrister must not:
(a)  engage in legal practice otherwise than as a sole practitioner, or
(b)  engage in legal practice in partnership with any person, or
(c)  engage in legal practice as the employee of any person, or
(d)  hold office as a legal practitioner director of an incorporated legal practice.
(2)  Subsection (1) does not apply to:
(a)  a barrister who is, or who is of a class or description of barristers, specified by the Bar Council for the purposes of this section, or
(b)  a barrister who is of a class or description of barristers prescribed by the regulations for the purposes of this section,
to the extent respectively specified by the Bar Council or prescribed by the regulations.

55   Statutory condition regarding notification of offence

(1)  It is a statutory condition of a local practising certificate that the holder of the certificate:
(a)  must notify the appropriate Council that the holder has been:
(i)  convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act, or
(ii)  charged with a serious offence, and
(b)  must do so within 7 days of the event and by a written notice.
(2)  The regulations, or the legal profession rules if the regulations do not do so, may specify the form of the notice to be used and the person to whom or the address to which it is to be sent or delivered.
(3)  The giving of notice in accordance with Division 7 (Special powers in relation to local practising certificates—show cause events) of a conviction for a serious offence satisfies the requirements of subsection (1) (a) (i) in relation to the conviction.

56   Additional conditions on practising certificates of barristers

(1)  Without limiting section 50 (Conditions imposed by Council), the Bar Council may under that section impose conditions of the following kinds on the practising certificate of a barrister:
(a)  a condition requiring the holder to undertake and complete to the satisfaction of the Bar Council a full-time component or other component of a reading program applicable to the holder and determined or approved by the Bar Council,
(b)  a condition requiring the holder to read with a barrister of a specified class or description chosen by the holder (including a barrister chosen from a list of at least 10 barristers kept by the Bar Council for the purpose) for a specified period and to comply with such requirements as will enable the barrister, at the end of the specified period, to certify to the Bar Council that the holder is fit to practise as a barrister without restriction.
(2)  A condition of a kind referred to in subsection (1) that is imposed on the practising certificate of a barrister may limit the practising rights of the barrister until the condition is complied with.
(3)  The Bar Council may cancel or suspend a local practising certificate if the holder fails to comply with a condition of the kind referred to in subsection (1).

57   Conditions imposed by legal profession rules

The legal profession rules may:
(a)  impose conditions on local practising certificates or any class of local practising certificates, or
(b)  authorise conditions to be imposed on local practising certificates or any class of local practising certificates.

58   Compliance with conditions

(1)  The holder of a current local practising certificate must not contravene (in this jurisdiction or elsewhere) a condition to which the certificate is subject.

Maximum penalty: 100 penalty units.

(2)  (Repealed)
Top of page