Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The particulars mentioned in subsection (2) and (3) are prescribed as particulars to be included in the register under the Act, section 79 (Register of local practising certificates) in relation to a local legal practitioner, unless the licensing body is required under subsection (5) or (6) not to include them.
(2) The following are particulars applying in relation to all local legal practitioners:
(a) the name of the local legal practitioner;
(b) the kind of local practising certificate granted to the practitioner;
(c) any other particulars that the licensing body considers should be included.
(3) The following are particulars applying in relation to a local legal practitioner who holds a restricted or unrestricted practising certificate:
(a) the name of the law practice of which the practitioner is an associate or, if the practitioner is not an associate of a law practice, the name of the entity of which the practitioner is a director, officer or employee or with which the practitioner is otherwise engaged in legal practice;
(b) by way of separate entry, the name of the law practice or other entity mentioned in paragraph (a) and the contact details of the office of the law practice or other entity—
(i) in the ACT; and
(ii) in the other jurisdictions where it has an office, unless the licensing body considers that the particulars need not be included for an entity that is not a law practice;
(c) any other particulars about the practitioner, or the law practice or other entity mentioned in paragraph (a), that the licensing body considers should be included.
(4) A local legal practitioner may ask the licensing body, in writing, not to include in the register stated particulars about the practitioner, or a law practice or other entity, on the ground that special circumstances justify the particulars not being publicly available.
Example—special circumstances
if the safety or wellbeing of someone would be substantially affected by making the particulars publicly available
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(5) If the request under subsection (4) is by a solicitor and the licensing body is satisfied that the special circumstances exist, the licensing body is required not to include the particulars in the register unless the licensing body considers that the public interest in maintaining public access to the particulars outweighs any individual interest in the particulars not being publicly available.
(6) If the request under subsection (4) is by a barrister and the bar council tells the licensing body that it is satisfied that the special circumstances exist, the licensing body is required not to include the particulars in the register unless the bar council tells the licensing body that the bar council considers the public interest in maintaining public access to the particulars outweighs any individual interest in the particulars not being publicly available.
(7) In this section:
"contact details", for a law practice or other entity, means—
(a) its street address, that is, the address where it is physically located; and
(b) its postal address, that is, its post office box number (if any) and the location and postcode of the post office where the box is kept; and
(c) its DX address, that is, the number of its exchange box (if any) in a document exchange.