New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 50

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.