(a)     a public employee in the Attorney-General's Department;

        (b)     a public employee in the Legal Aid Commission (A.C.T.);

        (c)     a public employee in the Office of the Director of Public Prosecutions;

        (d)     an officer or employee in the Attorney-General's Department of the Commonwealth; or

        (e)     an officer or employee in the Office of the Director of Public Prosecutions of the Commonwealth.

“ Division 2—Requirement

Practising certificates required

“22. (1) Subject to Part XVA, a legal practitioner shall not practise as a solicitor on his or her own account or in partnership with another legal practitioner unless he or she holds a current unrestricted practising certificate.

“(2) For the purpose of subsection (1), a person shall not be taken to practise as a solicitor by reason only that the person is a member of a partnership whose practice is conducted by another member or other members of the partnership.

“(3) A legal practitioner practising as a solicitor shall not employ another legal practitioner to perform the functions of a solicitor unless—

        (a)     the employer holds a current unrestricted practising certificate; and

        (b)     the employee—

              (i)     holds a current practising certificate; or

              (ii)     is an interstate legal practitioner who is entitled to engage in legal practise in the Territory by virtue of section 191D.

“(4) A legal practitioner is not entitled to recover any costs or disbursements in respect of any work of a professional nature done by him or her as a solicitor unless, at the time at which the work was done, he or she was—

        (a)     the holder of a current unrestricted practising certificate; or

        (b)     an interstate legal practitioner who is entitled to practise in the Territory, and to recover the costs or disbursements, by virtue of section 191D.

“(5) In this section, a reference to a person who holds a type of practising certificate shall be taken to include a person named in an order under subsection 31 (4) or 36D (5) in respect of a practising certificate of that type specified in the order.

“ Division 3—Application

Restrictions on persons who may apply

“23. (1) An application for a practising certificate may be made only by a legal practitioner.

“(2) Subject to subsection 28 (2), a legal practitioner whose practising certificate is suspended (including a suspension under a law of another jurisdiction) is not entitled, during the period of the suspension, to apply for the issue of a practising certificate.

Applications for practising certificates

“24. An application for the issue of a practising certificate, shall be in a form approved by the Law Society and shall be signed by the applicant.

“ Division 4—Issue

Issuing authority

“25. Subject to this Division, practising certificates shall be issued by the Law Society.

Issue of certificates—generally

“26. (1) The Law Society shall not issue a practising certificate unless the applicant has paid to the Law Society the fee fixed under subsection 36E (1).

“(2) The Law Society may refuse to issue a practising certificate if the applicant—

        (a)     fails to pay a fine or any costs, fees or expenses payable by him or her to the Law Society under this Act;

        (b)     being required by the Council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the Council;

        (c)     fails to fulfil any obligations he or she has pursuant to an agreement referred to in section 46;

        (d)     fails to comply with a direction of the Professional Conduct Board under paragraph 58 (1) (b) or subsection 58 (2) or 59 (1); or

        (e)     has been sentenced to a term of imprisonment.

Issue of unrestricted practising certificates

“27. (1) Subject to this Division, if the Law Society receives an application from a person under section 24 and is satisfied that the person is qualified as provided in an item of the following table, the Law Society shall issue to the applicant an unrestricted practising certificate:

Table

Item	Qualification
1	A person who holds an unrestricted practising certificate in respect of a period that will expire on 30 June in a year and applies for an unrestricted practising certificate to commence later that year.
2	A person who—         (a)     held an unrestricted practising certificate not more than 5 years immediately preceding the date of the application (whether before or after the commencement of this section); and         (b)     has retained such a level of professional skill that it is appropriate that a further unrestricted practising certificate be issued to him or her.
3	A person who—         (a)     has not previously held an unrestricted practising certificate;         (b)     during the period of 5 years immediately preceding the date of the application, has, for a period of not less than 2 years or for periods which, in the aggregate, are not less than 2 years—               (i)     been employed in a State or Territory under articles of clerkship;               (ii)     been performing work of a legal nature as an employee of a solicitor in the Territory or in a State or another Territory;               (iii)     been performing work of a legal nature in public employment;               (iv)     practised in the Territory or in a State or another Territory as a solicitor, either on his or her own account or in partnership with another legal practitioner; or               (v)     been employed or practised, as the case may be, in any 2 or more of the capacities referred to in subparagraphs (i), (ii), (iii) and (iv); and         (c)     has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her.
4	A person who—         (a)     has not previously held an unrestricted practising certificate;         (b)     during the period of 5 years immediately preceding the date of the application—               (i)     has served or practised for a period of not less than 12 months, or for periods which, in the aggregate, are not less than 12 months, in any 1 or more of the capacities referred to in paragraph (b) in Column 2 of item 3; and               (ii)     has completed a prescribed course of training for the practise of law; and         (c)     has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her.
5	A person who—         (a)     has during the period of 5 years immediately preceding the date of the application—               (i)     practised in the Territory or in a State or another Territory as a barrister for a period of not less than 2 years;               (ii)     practised in the Territory or in a State or another Territory as a barrister for a period of not less than 1 year and served or practised, as the case may be, in any 1 or more of the capacities referred to in paragraph (b) in Column 2 of item 3 for a period of not less than 1 year or for periods which, in the aggregate, are not less than 1 year; or               (iii)     after completing a prescribed course of training for the practise of law, practised in the Territory or in a State or another Territory as a barrister for a period of not less than 1 year; and         (b)     has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her.
6	A person who—         (a)     has previously held a practising certificate; and         (b)     has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her.

7

A person who, being a New Zealand barrister and solicitor—         (a)     has for a continuous period of not less than 6 months following the person's admission or enrolment in the Territory been employed by a legal practitioner in the Territory; and         (b)     has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her.

“(2) The Law Society shall not issue an unrestricted practising certificate unless the applicant has paid to the Law Society—

        (a)     any contribution payable by the applicant to the Fidelity Fund in respect of the period for which the practising certificate will be in force; and

        (b)     any levy payable by the applicant under section 147.

“(3) Subject to subsection (4), the Law Society shall not issue an unrestricted practising certificate unless it is satisfied that the applicant has or will have professional indemnity insurance for the period during which the practising certificate sought by the applicant will be in force.

“(4) The Law Society may issue an unrestricted practising certificate to a solicitor in relation to a period without the solicitor having professional indemnity insurance in respect of that period if the Law Society is satisfied that the nature of the practice of the solicitor does not require professional indemnity insurance.

“(5) The Law Society may refuse to issue an unrestricted practising certificate if—

        (a)     the applicant fails to comply with subsection 104 (6) or section 106; or

        (b)     a report under Division 5, 6 or 7 of Part XI discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).

“(6) The Law Society shall refuse to issue an unrestricted practising certificate if the applicant—

        (a)     is bankrupt;

        (b)     has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

        (c)     has compounded with creditors or made an assignment of remuneration for the benefit of his or her creditors.

“(7) The Law Society shall not issue an unrestricted practising certificate to an applicant who has not previously held such a certificate unless the applicant has satisfied the Law Society by passing examinations or otherwise that he or she has an adequate knowledge of accounts and legal ethics.

Issue of restricted practising certificates

“28. (1) Subject to this Division, if the Law Society receives an application from a person under section 24 and is satisfied that the person is qualified to hold a restricted practising certificate, the Law Society shall issue to the applicant a practising certificate of that type.

“(2) The Law Society may issue a restricted practising certificate to a person whose unrestricted practising certificate—

        (a)     has been suspended; or

        (b)     has been cancelled in accordance with subsection 36A (2) or (3).

Issue of practising certificates to practitioners enrolled under the Mutual Recognition Act

“29. (1) Where a person holds a practising certificate under the law of a State or another Territory (in this section called ‘the home State') and—

        (a)     the name of the person is entered on the Roll of Legal Practitioners under subsection 16D (2); and

        (b)     the person lodges with the Law Society a notice under section 19 of the Mutual Recognition Act;

the Law Society shall issue to the person a practising certificate subject to payment to the Society of the amount provided for by subsection 26 (1) and any amounts provided for by subsection 27 (2).

“(2) If the practising certificate held by the person under the law of the home State corresponds most closely to—

        (a)     an unrestricted practising certificate; or

        (b)     a restricted practising certificate;

the Law Society shall issue such a certificate to the person under this section.

“(3) Subject to this Division, if the holder of a practising certificate issued under this section makes an application under section 24, the Law Society shall issue to the applicant a further practising certificate of the same type.

Notice of refusal to issue practising certificates

“30. Where the Law Society refuses to issue a practising certificate, it shall give notice in writing to the applicant of, and of the ground for, the refusal.

Powers of Court relating to issue of practising certificates

“31. (1) Where the Law Society—

        (a)     has refused to issue a practising certificate of the type sought by a person; or

        (b)     has refused to issue an unrestricted practising certificate to a person in accordance with subsection 27 (4) in relation to a period without the person having professional indemnity insurance in respect of that period;

the person may, within 14 days after being given notice of the refusal or the condition, apply to the Court for an order under subsection (2).

“(2) On an application under subsection (1), the Court may direct the Law Society, as the case requires, to issue to the applicant—

        (a)     a practising certificate of the type sought by the applicant (with or without professional indemnity insurance); or

        (b)     if the applicant sought the issue of an unrestricted practising certificate—a restricted practising certificate.

“(3) A person who has made an application under subsection (1) may apply to the Court for an order under subsection (4).

“(4) The Court in its discretion may order that the person shall, until the determination of his or her application under subsection (1), be taken to be a person who holds a practising certificate of the type specified in the order.

“(5) The Law Society shall be the respondent to an application under this section.

Application to Court by person not qualified under
subsection 27 (1)

“32. (1) A legal practitioner who—

        (a)     is not qualified, in accordance with subsection 27 (1), to have an unrestricted practising certificate issued to him or her; and

        (b)     having regard to his or her training and experience, has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her;

may apply to the Court for an order under subsection (2).

“(2) Where the Court is satisfied having regard to the training and experience of the applicant, that the applicant has attained such a level of professional skill and gained such experience that it is appropriate that an unrestricted practising certificate be issued to him or her the Court may direct the Law Society to issue to the applicant an unrestricted practising certificate.

“(3) The Court may order that the practising certificate have effect subject to a condition or conditions specified in the order.

“(4) On an application under subsection (1), the Court shall, on the application of the Law Society, order that the costs incurred by the Law Society in connection with the application be paid by the applicant unless the Court is satisfied that, in the circumstances of the case, it would not be just and reasonable to do so.

“(5) The Law Society shall be the respondent to an application under this section.

Issue of certificates conditionally or unconditionally

“33. (1) The Law Society may issue a practising certificate unconditionally or subject to conditions.

“(2) The Law Society may from time to time, by notice in writing to the holder of a practising certificate, add to, or vary or revoke a condition of, a practising certificate whether or not the certificate was originally issued unconditionally.

“(3) The imposition of conditions on a practising certificate by virtue of an order of the Court does not limit the powers of the Law Society under subsection (2) in relation to that certificate.

“(4) Without limiting the conditions that may be imposed under subsection (1), added under subsection (2) or the effect of a condition as varied under subsection (2), the conditions that may be so imposed, added or varied include all or any of the following:

        (a)     restricting the holder of the certificate to certain specified classes of work;

        (b)     prohibiting the holder of the certificate from engaging in certain specified classes of work;

        (c)     requiring the holder of the certificate to undertake all work or certain specified classes of work subject to supervision of a specified type;

        (d)     requiring the holder of the certificate to practise, or perform the functions of a solicitor, only in a type or types of specified employment or in the employment of a specified person;

        (e)     requiring the holder of the certificate to undertake education or training of a specified type or types;

        (f)     requiring the holder of the certificate to cease employing a specified person or persons;

        (g)     requiring the holder of the certificate to effect a specified type of insurance.

“(5) In subsection (4)—

Powers of Court relating to conditions on practising certificates

“34. (1) Where the Law Society has—

        (a)     issued a practising certificate subject to a condition which the holder considers is unreasonable (not being a condition referred to in paragraph 31 (1) (b));

        (b)     added a condition to a practising certificate which the holder of the certificate considers is unreasonable; or

        (c)     varied a condition on a practising certificate in a way which the holder of the certificate considers is unreasonable;

the holder may apply to the Court for an order under subsection (2).

“(2) The Court may order that a practising certificate have effect—

        (a)     free of any condition; or

        (b)     subject to any conditions the Court thinks fit.

“(3) An order under subsection (2)—

        (a)     may be expressed to have effect from a date earlier than the date on which the order is made; and

        (b)     may provide that a condition or conditions specified in the order is or are to operate instead of another condition or conditions specified in the order.

“(4) The Law Society shall be the respondent to an application under this section.

“ Division 5—Surrender

Surrender of practising certificates

“35. (1) Subject to subsection (2), a legal practitioner may surrender his or her practising certificate by application in writing to the Law Society accompanied by the certificate.

“(2) The Law Society may decline to accept the surrender of a practising certificate.

“(3) A surrender of a practising certificate shall be taken to have effect on and from the date specified by the Law Society in the acknowledgment referred to in paragraph (4) (a).

“(4) Where the Law Society accepts the surrender of a practising certificate it shall—

        (a)     acknowledge that fact in writing to the former holder of the certificate and specify in that writing the date on and from which the surrender is to be taken to have effect; and

        (b)     refund to the former holder a proportion, calculated in accordance with subsection (5), of—

              (i)     the fees paid for the issue of the certificate; and

              (ii)     any contribution made to the Fidelity Fund referred to in paragraph 27 (2) (a).

“(5) The amount of a refund—

        (a)     of the fees shall bear the same proportion to the total amount of the fees; and

        (b)     of any contribution shall bear the same proportion to the total amount of the contribution;

as the number of whole months that would have been the unexpired period of the certificate if it had not been surrendered bear to the total period of the certificate if it had not been surrendered.

“(6) The surrender of a practising certificate does not affect any liability of the former holder (other than the liability for fees and any contribution and levy paid for the issue of the certificate) that had been incurred or accrued before the surrender of the certificate.

“ Division 6—Suspension and cancellation

Suspension

“36. (1) The Law Society may suspend for a specified period not exceeding 12 months a practising certificate held by a legal practitioner who—

        (a)     fails to pay a fine or any costs, fees or expenses payable by him or her to the Law Society under this Act;

        (b)     being required by the Council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the Council;

        (c)     fails to fulfil any obligations he or she has pursuant to an agreement referred to in section 46; or

        (d)     fails to comply with a direction of the Professional Conduct Board under paragraph 58 (1) (b) or subsection 58 (2) or 59 (1).

“(2) The Law Society may suspend for a specified period not exceeding 12 months an unrestricted practising certificate held by a legal practitioner—

        (a)     if the legal practitioner fails to comply with subsection 78 (1);

        (b)     if the legal practitioner fails to comply with subsection 104 (6) or section 106; or

        (c)     if a report under Division 5, 6 or 7 of Part XI discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).

“(3) If the Law Society is satisfied that a legal practitioner whose practising certificate has been suspended has paid the levy referred to in paragraph 78 (1) (b), the Law Society shall revoke the suspension.

“(4) A legal practitioner whose practising certificate is suspended shall be taken, during the period of its suspension, not to hold a current practising certificate.

Cancellation

“36A. (1) Where—

        (a)     the name of a person is removed from the Roll of Legal Practitioners; or

        (b)     the right of a person to practise in the Territory as a solicitor or as a barrister and solicitor is suspended;

a practising certificate held by the person is, by force of this section, cancelled.

“(2) The Law Society shall cancel an unrestricted practising certificate held by a legal practitioner if he or she—

        (a)     becomes bankrupt;

        (b)     applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

        (c)     compounds with creditors or makes an assignment of remuneration for the benefit of creditors.

“(3) The Law Society may cancel a practising certificate held by a legal practitioner who has been sentenced to a term of imprisonment.

Notice of cancellation or suspension

“36B. Where the Law Society cancels or suspends a practising certificate it shall give the person to whom the certificate was issued notice in writing of, and of the ground for, the cancellation or suspension.

Delivery of cancelled certificate to Law Society etc.

“36C. (1) Subject to subsection (2), a legal practitioner who is given notice of the cancellation of his or her practising certificate shall forthwith deliver the certificate to the Law Society.

“(2) Where—

        (a)     a practising certificate has been cancelled;

        (b)     an order has been made under subsection 36D (5); and

        (c)     the Court refuses to make an order under subsection 36D (2);

the person who held the practising certificate shall, forthwith after the refusal, deliver the certificate to the Law Society.

“(3) Where a practising certificate that has been cancelled is delivered to the Law Society under subsection (2) and before the expiration of the certificate in accordance with subsection 36F (2)—

        (a)     the cancellation of the certificate is revoked; or

        (b)     the Court makes an order under subsection 36D (5);

the Law Society shall forthwith cause the certificate to be returned to the legal practitioner concerned.

Powers of Court relating to cancellation or suspension of practising certificates

“36D. (1) A person whose practising certificate has been cancelled or suspended by the Law Society may apply to the Court for an order under subsection (2).

“(2) Where, on an application under subsection (1), the Court is satisfied that the circumstances are such that the cancellation or suspension of the applicant's practising certificate ought to be revoked, the Court may, subject to such terms and conditions (if any) as it thinks fit, by order revoke the cancellation or suspension of the applicant's practising certificate.

“(3) Where the Court makes an order under subsection (2), the revocation of the cancellation or suspension of the applicant's practising certificate shall take effect on and from the date of the order or such other date as is specified in the order.

“(4) A person who has made an application under subsection (1) may apply to the Court for an order under subsection (5).

“(5) The Court in its discretion may order that the person shall, until the determination of his or her application under subsection (1), be taken to be a person who holds a practising certificate of the type specified in the order.

“(6) The Law Society shall be the respondent to an application under this section.

“ Division 7—Miscellaneous

Fees for practising certificates

“36E. (1) The fee payable on an application for the issue of an unrestricted practising certificate or a restricted practising certificate is that fixed by the Law Society as the fee payable for that type of practising certificate.

“(2) Where an application for the issue of a practising certificate is made after 1 July in any year and before the following 30 June, the fee payable for the issue of the practising certificate is an amount that bears to the fee applicable under subsection (1) the same proportion as the number of months in the period between the date of the application and the following 30 June bears to 12.

“(3) Where the Law Society issues a practising certificate to a person who has, within the period of 12 months immediately preceding the date of issue of the certificate, had his or her practising certificate cancelled—

        (a)     the fee payable in respect of the application for the issue of the practising certificate may be reduced or payment of the fee may be waived by the Society; and

        (b)     where the person has already paid a contribution to the Fidelity Fund in respect of a period including the period for which the certificate will be in force, the person is not required to pay a contribution to the Fidelity Fund.

Date of effect and term of practising certificates

“36F. (1) A practising certificate takes effect on the date on which the certificate is expressed to take effect.

“(2) A practising certificate expires on 30 June next following the date on which the certificate takes effect.

Register of holders of practising certificates

“36G. (1) The Law Society shall keep a register of the names of all persons holding current unrestricted practising certificates and a register of the names of all persons holding current restricted practising certificates.

“(2) A register shall be kept in such manner and form as the Law Society determines.

Notice of change of circumstances

“36H. (1) The holder of an unrestricted practising certificate who—

        (a)     commences to practise at an address, or under a name, other than that stated in the application for the practising certificate;

        (b)     commences to practise, as a member of a partnership, under a name different from the name stated in the application for the practising certificate; or

        (c)     ceases to practise at an address at which he or she was previously practising;

shall, within 14 days of commencing or ceasing so to practise, notify the Law Society of the fact and of the new name or address as the case requires.

“(2) Where the holder of a restricted practising certificate who is employed by a solicitor—

        (a)     ceases employment with the solicitor; or

        (b)     commences employment with another solicitor;

the holder shall, within 14 days of ceasing or commencing employment, as the case may be, notify the Law Society of that fact.”.

Substitution