Australian Capital Territory Numbered Regulations

LEGAL PROFESSION REGULATION 2006 (NO 37 OF 2006) - REG 10

    (1)     An applicant for the grant or renewal of a local practising certificate must be a person qualified as set out in table 10.

    Table 10

column 1 item	column 2 qualification
1	A person who holds an unrestricted practising certificate in relation to a period ending on 30 June in the year in which the person applies for renewal of the certificate.
2	A person who—         (a)     held an unrestricted practising certificate during the relevant 5-year period; and         (b)     has retained such a level of professional skill that it is appropriate that a further unrestricted practising certificate be issued to the person.
3	A person who—         (a)     has not previously held an unrestricted practising certificate; and         (b)     during the relevant 5-year period, has, for a period of not less than 2 years or for periods that total not less than 2 years—               (i)     been employed in a jurisdiction under articles of clerkship; or               (ii)     been performing work of a legal nature in a jurisdiction as an employee of a solicitor; or               (iii)     been performing work of a legal nature as a government lawyer; or               (iv)     practised in a jurisdiction as a solicitor, either on the person's own account or in partnership with another legal practitioner; or               (v)     been employed, performed work or practised in any 2 or more of the capacities mentioned in subparagraphs (i), (ii), (iii) and (iv); and         (c)     has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
4	A person who—         (a)     has during the relevant 5-year period—               (i)     practised in a jurisdiction as a barrister for a period of not less than 2 years; or               (ii)     practised in a jurisdiction as a barrister for a period of not less than 1 year and been employed, performed work or practised in any 1 or more of the capacities mentioned in item 3, column 2, paragraph (b) for a period of not less than 1 year or for periods that total not less than 1 year; and         (b)     has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
5	A person who—         (a)     has previously held a practising certificate; and         (b)     has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
6	A person who—         (a)     is a New Zealand barrister and solicitor; and         (b)     has for a continuous period of not less than 6 months after the person's admission in the ACT been employed in the ACT by a legal practitioner; and         (c)     has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.

    (2)     In this section:

relevant 5-year period , in relation to an applicant for a local practising certificate, means the period of 5 years immediately before the day the person makes the application.

    (3)     A reference in this section to a period includes a reference to any part of the period that happened before the commencement of this section.

    (4)     Subsection (3) and this subsection are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (5)     Subsections (3) and (4), and this subsection, expire 5 years after the day this section commences.