LEGAL PROFESSION ACT 2007 - SECT 53 Conditions imposed by law society or bar association

LEGAL PROFESSION ACT 2007 - SECT 53

53 Conditions imposed by law society or bar association

(1) At the time a regulatory authority grants a local practising certificate, the authority may impose any reasonable and relevant condition on the practising certificate.

(2) A condition may be about any of the following—

(a) requiring the certificate holder to undertake or complete—

(i) continuing legal education; or

(ii) stated legal education or training;

(b) limiting the certificate holder to supervised legal practice in the way stated in the condition or to the practice of areas of law stated in the condition;

(c) controlling, restricting or prohibiting the operation of a trust account;

(d) restricting the certificate holder to particular conditions concerning employment or supervision;

(e) a matter agreed to by the certificate holder.

(3) Subsection (2) does not limit the matters about which a condition may be imposed under this section.

(4) The regulatory authority must not impose a condition requiring the certificate holder to undertake and complete stated legal education or training unless—

(a) the regulatory authority is satisfied that it is reasonable to require the stated legal education or training to be undertaken, having regard to—

(i) when the holder undertook his or her previous academic studies or legal training, or obtained the previous legal experience; or

(ii) the certificate holder’s conduct; or

(b) the condition is 1 that is imposed generally on certificates holders or a class of certificates holders.

(5) A regulatory authority’s power to impose a condition mentioned in subsection (2) (a) is not limited by, and does not limit, the regulatory authority’s power to impose a condition under its administration rules about a matter mentioned in section 231 (2) (e) .