Monday, 30 September 2024
How do I apply 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.
Requirements
There are a range of requirements you should be aware of when either applying for, or as a holder of, a practising certificate.
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Application requirements
Requirement
Information
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.
Statutory Declaration
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. You can download a Commonwealth of Australia Statutory Declaration Form here.
Completion of Practice Management Course
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. For more information on how to complete your PMC, see here.
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Ongoing requirements
Requirement
Information
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.
Continuing professional development (CPD)
Completing CPD training is a mandatory requirement for all ACT legal practitioners (practitioners), imposed as a condition on all practising certificates issued by the Law Society of the ACT. For more information on CPD, see here.
Applying or renewing your practising certificate
There are different steps to take in order to apply or renew a practising certificate. These steps are dependent on the type of practising certificate and whether you have previously held a practising certificate with the Society before.
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If you are new to the Society
If you have not previously held a membership with the Society, submit this form to join the Society for the current finanical year (2024-2025):
If you are unsure about your past membership details or have any general membership enquiries, please contact memberconnect@actlawsociety.asn.au or call 02 6274 0333
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If you have held a certificate before
The practising certificate renewal period is conducted from early May each year. All current members will receive an email when the renewal period opens.
If you have previously held a membership with the Society in the last five years but your current membership has expired and you would like to renew it, please follow the below steps:
- Click 'Login/Register' in the top right hand corner of the home page
- Select 'renew your membership now'
- Follow the prompts and provide the required details
If you are unsure about your past membership details or have any general membership enquiries, please contact memberconnect@actlawsociety.asn.au or call 02 6274 0333
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If you would like to apply for a volunteer practising certificate
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. You can find the form here.
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If you are a NZ lawyer applying to practice in the ACT
If you are a New Zealand lawyer applying to practise in the ACT, there are additional steps you need to take. You can read more about those additional steps here.
