New South Wales Consolidated Regulations

LEGAL PROFESSION REGULATION 2005 - REG 8

8 Presumptions about taking or using name, title or description-section 16 of the Act

(1) For the purposes of section 16 (2) of the Act, the kinds of persons specified in the third column of the table to this subclause are persons who are entitled, in the circumstances specified opposite in the fourth column, to take or use a name, title or description specified opposite in the second column.

Table

First column	Second column	Third column	Fourth column
Item No	Name, title or description	Kinds of persons who are entitled to take or use name, title or description	Circumstances in which the persons are entitled to take or use name, title or description
1	legal practitioner	Australian legal practitioner	all circumstances (no restriction)
2	legal practitioner	Australian lawyer	when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate
3	barrister and solicitor, or solicitor and barrister, or solicitor, or attorney	Australian legal practitioner	when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a solicitor
4	barrister and solicitor, or solicitor and barrister, or solicitor, or attorney	Australian lawyer	when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a solicitor as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate
5	barrister	Australian legal practitioner	when the local legal practitioner holds a local practising certificate that restricts the practitioner to legal practice in the manner of a barrister
6	barrister	interstate legal practitioner	when the interstate legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a barrister
7	barrister	Australian lawyer	when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a barrister as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate
8	counsel	Australian legal practitioner	all circumstances (no restriction)
9	counsel	Australian lawyer	when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate
10	counsel	Australian lawyer	when the Australian lawyer, not holding an Australian practising certificate, provides legal services to his or her employer, or to a related entity, in the ordinary course of his or her employment and for no fee, gain or reward other than his or her ordinary remuneration as an employee
11	Senior Counsel or SC	Australian lawyer	when the Australian lawyer currently holds the status of Senior Counsel, as recognised by the High Court or a Supreme Court of any jurisdiction
12	Queen’s Counsel or QC, or King’s Counsel or KC, or Her Majesty’s Counsel, or His Majesty’s Counsel	Australian lawyer	when the Australian lawyer currently holds the appropriate status, as conferred by the Crown in any capacity or as recognised by the High Court or a Supreme Court of any jurisdiction
13	attorney	Australian-registered foreign lawyer	when entitled to use the name, title or description under section 191 of the Act
14	attorney	patent attorney	when using the expression “patent attorney”
15	attorney	donee of a power of attorney	when indicating that the donee holds or is acting under a power of attorney
16	attorney	Attorney-General of any jurisdiction, the Commonwealth or a foreign country	all circumstances (no restriction)
17	solicitor	Solicitor-General of any jurisdiction, the Commonwealth or a foreign country	all circumstances (no restriction)
18	lawyer	Australian lawyer	all circumstances (no restriction)
19	lawyer	Australian-registered foreign lawyer	all circumstances (no restriction)

(2) In this clause:
"Australian law" means a law of the Commonwealth or of a State or Territory.
"employee" of an entity means a person who is employed or engaged under a contract of service or contract for services in or by the entity whether or not:

(a) the person works full-time, part-time, or on a temporary or casual basis, or

(b) the person is a law clerk or articled clerk.

"government agency" means:

(a) a government department of the Commonwealth or of a State or Territory, or

(b) a body that is established by or under the law of the Commonwealth or of a State or Territory for a public purpose or to exercise governmental functions,

and includes a body or organisation (or a class of bodies or organisations) prescribed by the regulations as being within the definition of "government agency" in section 114 of the Act.