LEGAL PROFESSION (PRACTISING CERTIFICATES) AMENDMENT ACT 1992 No. 93

NEW SOUTH WALES

1. Short Title

2. Commencement

3. Amendment of Legal profession Act 1987 No. 109

4. Transitional

5. Review and expiry of certain provisions

LEGAL PROFESSION (PRACTISING CERTIFICATES) AMENDMENT ACT 1992 No. 93

NEW SOUTH WALES

Act No. 93, 1992

An Act to amend the Legal Profession Act 1987 in relation to practising certificates for barristers. [Assented to 2 December 1992]

The Legislature of New South Wales

Short title

1. This Act may be cited as the Legal Profession (Practising Certificates) Amendment act 1992.

Commencement

2. This Act commences on the date of assent.

Amendment of Legal Professsion Act 1987 No. 109

3. The Legal Profession Act 1987 is amended as set out in Schedule 1.

Transitional

4. The amendments made by Schedule 1 (2)-(4) extend to practising certificates issues before the date of assent of this Act.

Review and expiry of certain provisions

5. (1) This section applies to the following provisions of the Legal Profession Act 1987, as amended by this Act, namely: section 32 (3) and (4) and section 35 (1) (c).

(2) The Law Reform Commission is to inquire into and report to the Minister on the policy onjectives of the provisions to which this section applies and the impact of the anactment of those provisions on the legal profession. The Commission must deliver its report within 9 months after date of assent to this Act and the Minister is to cause the Commission's report to be tabled in Parliament.

Schedule 1 - Amendments

(1) Section 29A:

After section 29, insert:

Refusal of application by barrister for practising certificate

29A(1). The Bar Council may, on or after 1 January 1993, refuse to issue a practising certificate to a barrister who, as a pupil, has not completed to the satisfaction of the Council a full-time component of a reading program applicable to the pupil and determined or approved by the Council or who has not sat for and passed an examination set by the Council as part of that program.

(2). Subsection (1) does not apply to:


(a) a barrister who is the holder of a statutory position under the Crown in right of New South Wales, and other State or Territory or the Commonwealth; or

(b) a barrister who acts as parliamentary counsel under a contract of service, or contract of services, with the Crown (whether in right of New South Wales or in another right); or

(c) a barrister who is, or is a member of a class or of a description of barristers, specified by the Bar Council for the purpose of this subsection; or

(d) a barrister who is, or is a member of a class or of a description of barrsiters, prescribed by the regulations for the purpose of this sebsection.


(3). Sebsection (2) applies only while a barrister is a barister to whom paragraph (a), (b), (c) or (d) of that subsection applies.

(4). In this section, "pupil" means a person who is a pupil in accordance with the rules of the Bar Association as in force from time to time.

(2) Section 32:

Omit the section, insert instead:

Issue of practising certificate to barrister

32 (1). A barrister is , subject to this Act, entitled to a practising certificate.

(2). A practising certificate may be unconditional or subject to conditions.

(3). The Bar Council may attach a condition to a practising certificate when it is issued or at any time after it is issued, and may at any time vary or revoke any such condition.

(4). Conditions of the following kinds can be attached to the practising certificate of any barrister:


(a) a condition requiring the holder to undertake and complete to the satisfaction of the Bar council a reading program as determined or approved by the Council;

(b) a condition requiring the holder to sit for and pass any examination set by the Council as part of a reading program;

(c) a condition requiring the holder to read with a specified barrister or with a barrister of a special class or description for a specified period and to comply with such requirements as will enable the barrister, at the end of the specified period, to certify the the Bar Council the at the holder is fit to practise as a barrister without restriction.


(5). The only other conditions that can be attached to a practising certificate are conditions of the following kinds:

(a) a condition requiring the holder to undertake and complete to the satisfaction of the Bar Council a course of further legal education;


(b) a condition limiting the holder to practising as abarrister as the holder of a statutory office under the Crown (whether in right of New South Wales or in another right);

(c) a condition limiting the holder to practising as parliamentary counsel under a contract of service, or contract for services, with the Crown (whether in right of New South Wales or in another right);


(6). Conditions of a kind referred to in subsection (4) cannot be attached to a practising certificate of a barrister referred to in section 29A (2) (a) or (b).

(7). The Attorney General, of admitted as a barrister, is entitled to an unconditional practising certificate.

Omit section 35 (1)-(1C), insert instead:
(1). The Bar Council may refuse to issue, may cancel, or may by order suspend, a practising certificate applied for or held by a barrister (other than the Attorney General) who:

(a) is unable to satisfy the Council that the barrister intends to practise as a barrister during the currency of the certificate; or

(b) is not, in the opinion of the Counil, practising as a barrister; or

(c) being required by the Council to explain specified conduct by the barrister as a barrister fails, and continues to fail, to give an explanation satisfactory to the Council; or

(d) has, in the opinion of the Council, failed to comply with a condition attached to the certificate; or

(e) has contravened an order made in respect of the barrister by the Legal Profession Standards Board or the Tribunal; or

(f) has contravened a provision of this Act; or

(g) is in prison.

(a) At the end of section 37 (1) (b0, omit "or"

(b) After sections 37 (1) (b), insert:

(b1) attaches a condition to a practising certificate or varies a condition attached to a practising certificate; r
(c) In section 37 (2), after "suspension", insert ",or the attaching or variation of a condition,".

Legislative Asswmbly on 26 March 1992

Legislative Council on 19 November 1992]