Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The kind of person mentioned in an item in table 8, column 3 is entitled, in the circumstances mentioned in column 4 of the item to take or use a name, title or description mentioned in column 2 of the item.
(2) In this section:
"Australian law "means a law of the Commonwealth or 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 employed as a law clerk.
"government agency"—see the Act, section 21 (5).
Table 8
|
column 1 item |
column 2 name, title or description |
column 3 kind of person |
column 4 circumstances |
|---|---|---|---|
| 1 | lawyer | all (no restriction) | |
2 | lawyer | Australian-registered foreign lawyer | all (no restriction) |
3 | legal practitioner | Australian legal practitioner | all (no restriction) |
| 4 | legal practitioner | 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 | |
| 5 | • barrister and solicitor • solicitor and barrister • solicitor • 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 |
| 6 | • barrister and solicitor • solicitor and barrister • solicitor • attorney | 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 | |
| 7 | barrister | local 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 |
| 8 |
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 |
| 9 | barrister | 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 | |
| 10 | counsel | Australian legal practitioner | all (no restriction) |
| 11 | counsel | 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 | |
| 12 | counsel | 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 | |
13 | Senior Counsel or SC | when the Australian lawyer holds the status of Senior Counsel, as recognised by the High Court or a Supreme Court of any jurisdiction | |
| 14 | • Queen's Counsel or QC • King's Counsel or KC • Her Majesty's Counsel • His Majesty's Counsel | when the Australian lawyer holds the appropriate status as given by the Crown in any capacity or as recognised by the High Court or the Supreme Court of a jurisdiction | |
| 15 | attorney | Australian-registered foreign lawyer |
when entitled to use the name, title or description under the Act, section 160 (Designation of Australian-registered foreign lawyers) |
| 16 | attorney |
patent attorney | when using the expression ‘patent attorney' |
| 17 |
attorney | donee of a power of attorney | when indicating that the donee holds or is acting under a power of attorney |
| 18 | attorney |
Attorney-General of a jurisdiction or a foreign country | all (no restriction) |
| 19 | solicitor | Solicitor-General of a jurisdiction or a foreign country | all (no restriction) |
Part 4 Legal practice—Australian legal practitioners