Practising Certificate
Conditions
An Australian practising certificate granted in NSW is subject to conditions imposed by or under the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform General Rules 2015 (NSW).
- Principal of a law practice: The holder is authorised to engage in legal practice as a principal of a law practice* and also as an employee of a law practice, corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**
- Employee of a law practice: The holder is authorised to engage in legal practice as an employee of a law practice and also as a corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**
- Corporate legal practitioner: The holder is authorised to engage in legal practice as a corporate legal practitioner or government legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**
- Government legal practitioner: The holder is authorised to engage in legal practice as a government legal practitioner or corporate legal practitioner and also as a volunteer at a community legal service, or otherwise on a pro bono basis**
- Volunteer: The holder is authorised to engage in legal practice both as a volunteer at a community legal service and otherwise on a pro bono basis, only**
*The holder may not engage in legal practice as a sole practitioner (in the case of a law practice constituted by the practitioner) if the holder's practising certificate is subject to Condition 2 or a Discretionary Condition requiring supervision.
**Discretionary conditions imposed by the Law Society's Council may prohibit, restrict or regulate the provision of legal services by an Australian legal practitioner at community legal services or otherwise on a pro bono basis.
If you change your practising arrangements you may be required to change the category of practising certificate that you hold. For more information see: Changing your practising certificate.
Other Conditions
1. Continuing Professional Development (Statutory Condition) (s 52 Legal Profession Uniform Law (NSW) and Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015)
The holder must comply with continuing professional development requirements of the Continuing Professional Development Rules.
2. Supervised Legal Practice (Statutory Condition) (s 49 Legal Profession Uniform Law (NSW))
The holder must, in this jurisdiction, engage in supervised legal practice only, until the holder has completed the period of supervised legal practice required.
3. Practice Management Course (Discretionary Condition) (s 53 Legal Profession Uniform Law (NSW) and Rule 16(b)(ii) Legal Profession Uniform General Rules 2015)
The holder must complete a Practice Management Course before being authorised to engage in legal practice as a principal of a law practice.
4. Discretionary Condition (s 53 Legal Profession Uniform Law (NSW) and Rule 16 Legal Profession Uniform General Rules 2015)
The holder must comply with any discretionary condition imposed by the Law Society's Council.
5a. Trust Money (s 47(2) Legal Profession Uniform Law (NSW))
The holder is authorised to receive trust money on behalf of a law practice.
5b. Trust Money (s 47(2) Legal Profession Uniform Law (NSW))
The holder is not authorised to receive trust money on his or her own account.
6. Admission Condition (Statutory Condition) (s 48(1) Legal Profession Uniform Law (NSW))
The holder must not contravene a condition imposed on their admission.
Compliance
Failure to comply with practising certificate conditions can result in disciplinary action. If there is evidence of non-compliance the Law Society's Council may cancel, suspend or refuse to issue your practising certificate, or attach additional conditions to its issue.