Practising certificates

Before you can practise as a solicitor in the ACT, you need to be admitted to the legal profession as a lawyer and hold a current practising certificate.

Click here to join the Law Society and apply for a Practising Certificate.

For all membership and practising certificate enquiries contact Member Connect at:
P: 02 6274 0333
E: memberconnect@actlawsociety.asn.au

Applying for a practising certificate

Once you have been admitted in an Australian jurisdiction you are eligible to apply directly to the Law Society for a restricted practising certificate.

You are required to attach a copy of your Certificate of Admission or a copy of your current interstate practising certificate to your application.

  • Disclosures: Once you have been issued a practising certificate, under Legal Profession Act 2006 (ACT) it is a requirement that certain matters must be disclosed to the Law Society within a certain time period. For more information about matters which solicitors must disclose to the Law Society, and when disclosure(s) should be made, see here.
  • Requirements for supervised legal practice: Section 50 of the Legal Profession Act 2006 and Regulation 13 of the Legal Profession Regulation 2007 sets out the requirements for supervised legal practice.

The Society requires interstate practising certificate applicants to supply with their application a certificate of fitness (also known as a certificate of good standing) from each jurisdiction the applicant has been admitted and/or practised in, issued no more than 28 days prior to the date of application.

To read more about certificates of fitness, please click here.

When applying for a practising certificate, under Legal Profession Act 2006 (ACT) it is a requirement that certain matters must be disclosed to the Law Society.

For more information about matters which solicitors must disclose to the Law Society see here.
 

  • Certificates of Admission: You are required to attach a copy of your Certificate of Admission or a copy of your current interstate practising certificate to your application.
  • Certificates of Fitness: The Society requires interstate practising certificate applicants to supply with their application a certificate of fitness (also known as a certificate of good standing) from each jurisdiction the applicant has been admitted and/or practised in, issued no more than 28 days prior to the date of application. To read more about certificates of fitness, please click here.
  • Disclosures: When applying for a practising certificate, under Legal Profession Act 2006 (ACT) it is a requirement that certain matters must be disclosed to the Law Society. For more information about matters which solicitors must disclose to the Law Society see here.
 

Once you have been issued a practising certificate, under Legal Profession Act 2006 (ACT) it is a requirement that certain matters must be disclosed to the Law Society within a certain time period.

For more information about matters which solicitors must disclose to the Law Society, and when disclosure(s) should be made, see here.

Section 50 of the Legal Profession Act 2006 and Regulation 13 of the Legal Profession Regulation 2007 sets out the requirements for supervised legal practice.

 

Renewing your practising certificate

Practising certificate renewals are conducted from early May each year. All current members will receive an email when the renewal period opens. If your practising certificate has expired, but was held within the past 5 years, you should log in and renew for this current year from your Member Dashboard.

Private lawyer

  • ACT Unrestricted Practising Certificate (Private) = $1,429
  • ACT Restricted Practising Certificate (Private) = $880

In-house lawyer

  • ACT Unrestricted Practising Certificate (In-house) = $1,229
  • ACT Restricted Practising Certificate (In-house) = $880

Government lawyer

  • ACT Unrestricted Practising Certificate (Government) = $874
  • ACT Restricted Practising Certificate (Government) = $609

Not practising in the ACT

  • ACT Unrestricted Practising Certificate (Non-ACT) = $927
  • ACT Restricted Practising Certificate (Non-ACT) = $491

Please note that fees apply from 1 July to 30 June and are pro-rated from August onwards.

Note: The eligibility criteria for applying for a First ACT Unrestricted Practising Certificate is set out in Regulation 10 of the Legal Profession Regulation 2007. You are required to attach a statutory declaration to your application addressing the eligibility criteria.

  • ACT Unrestricted Practising Certificate (Volunteer) = free
  • ACT Restricted Practising Certificate (Volunteer) = free

Please note that fees apply from 1 July to 30 June and are pro-rated from August onwards.

Note: Holders of volunteer practising certificates must still arrange appropriate professional indemnity insurance, and they may only undertake work of a pro bono nature. 

Individuals not practising in law may be eligible to apply for a full (non-practising) or associate membership. Associate members include legal practice support staff, people with a qualification in law but who have not been admitted, and students currently studying legal units. Membership is subject to approval of the Council and it is expected that applicants for non-practising membership have a relevant connection with the Society and it’s objects, and with the legal profession in the ACT to support the application.

  • No PC member (Full) = $156.50
  • No PC member (Associate) = $156.50
  • No PC member (Associate Student) = $25*

Please note that fees apply from 1 July to 30 June and are pro-rated from August onwards. Student memberships are not pro-rated.

Note: Full members have the right to vote in Law Society elections, and may serve on Committees, Executive or Council. Associate members may serve on Law Society Committees, but may not vote in elections, or serve on Executive or Council.

 

Types of practising certificates

A practising certificate can be either restricted, or unrestricted. The holder of an unrestricted practising certificate is entitled to practice as a principal of a law practice as defined in section 9 of the Legal Profession Act 2006. The holder of a restricted practising certificate is not entitled to practice as a principal of a law practice. Other conditions may also be placed on practising certificates (a list of practising certificate conditions is available below). 

Your practising certificate type relates to your employer (i.e. private, in-house, government, volunteer). 

Practising certificates are available free of charge to lawyers who will be undertaking specified pro bono legal work. Holders of volunteer practising certificates must still arrange appropriate professional indemnity insurance, and they may only undertake work of a pro bono nature. The holder of a volunteer practising certificate must only engage in legal practice as a volunteer at:

  • a community legal centre
  • Legal Aid ACT
  • the Aboriginal Legal Service NSW/ACT
  • the ACT Law Society’s Legal Advice Bureau or the Pro Bono Clearing House
  • any other entity approved by the Council of the ACT Law Society.

The holder of a volunteer practising certificate must not:

  • engage in private practice
  • receive trust money
  • act as a director of an incorporated practice; a partner in a law firm; a partner of a multi-disciplinary partnership; a supervising legal practitioner at a community legal centre; or a sole practitioner.

Applications for volunteer practising certificates must be submitted with the relevant form.

The eligibility criteria for applying for a First ACT Unrestricted Practising Certificate is set out in Regulation 10 of the Legal Profession Regulation 2007. You are required to attach a statutory declaration to your application addressing the eligibility criteria. 

The Council of the Law Society has resolved pursuant to section 47 of the Legal Profession Act 2006 that before being granted an unrestricted certificate, a practitioner must satisfactorily complete, or undertake to satisfactorily complete, within a specified time, an approved practice management course. The Law Society conducts a Practice Management Course for the benefit of members wishing to satisfy this criteria. The course requires punctual and full attendance at all modules. For further information about the Practice Management Course please contact the Society's Professional Development Officer on 02 6274 0300.

 

Conditions on practising certificates

A practitioner who is granted a practising certificate by the ACT Law Society may be subject to statutory conditions or conditions imposed by the Council on their entitlement to practice. Those conditions are listed below.

Any holder of a practising certificate granted by the Council of the Law Society is entitled to engage in legal practice in the ACT as a volunteer providing pro bono legal services through a law practice or under an arrangement approved by the Council.

Code

Condition

Unrestricted practising certificate

The holder of an unrestricted practising certificate is entitled to practice as a principal of a law practice as defined in section 9 of the Legal Profession Act 2006.

C1 (Restricted practising certificate)

The holder is not entitled to practice as a principal of a law practice.

The term ‘principal’ is defined in section 9 of the Legal Profession Act 2006. In addition section 50 also provides that the holder must not engage in unsupervised legal practice as a solicitor until the holder has completed a period of supervised legal practice prescribed by Regulation 13.

C2 (Government or in-house lawyer)

The holder must not engage in legal practice otherwise than as a government lawyer engaged in government work or by providing in-house legal services for a corporation by which the holder is employed.

Statutory requirement pursuant to section 38 of the Legal Profession Act 2006.

C3 (must complete Practice Management Course)

The holder must successfully complete an approved Practice Management Course within a period set by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C4 (must obtain PII insurance)

The holder must obtain professional indemnity insurance before engaging in legal practice in Australia on his or her own account or as a partner in a law firm.

Statutory requirement pursuant to section 311 of the Legal Profession Act 2006.

C5 (Barrister)

The holder is subject to the conditions and restrictions imposed upon barristers by the ACT Bar Association.

Statutory requirement pursuant to section 49 of the Legal Profession Act 2006.

C6 (must only practice in specified areas of law)

The holder is permitted to practice in the area(s) of law specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C7 (must undertake specified training or study)

The holder is required to undertake a course of study or training specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C8 (must not operate a trust account or deal with trust monies)

The holder is not permitted to operate a trust account or to otherwise deal with trust, transit or controlled money.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C9 (other)

Other (please contact the Society for more information).

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.
 

Changes to your practising certificate

Changing employers: If you hold an ACT practising certificate, you must advise the Law Society if you change employers. Your practising certificate may need to be reissued if a change of employment affects your practising certificate type.

Moving to another jurisdiction: If you have been admitted in the ACT or have previously held an ACT practising certificate and will be moving to another jurisdiction and seeking a practising certificate there, you are required to provide a Certificate of Fitness with your application form. Financial members of the Law Society are not charged a fee for a Certificate of Fitness. 

 

Related Documents

Related Links

In this Section

New Zealand lawyers applying to practise in the ACT  

Information about the steps required for New Zealand lawyers wishing to apply to practise in the ACT.

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Certificate of Fitness  

If you intend to engage in legal practice in a jurisdiction other than the ACT, you can apply to the Society for a ‘Certificate of Fitness’.

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Making a Disclosure  

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