Members of the Practitioner Support List are experienced senior practitioners who volunteer their time to give informal advice and peer support on personal or professional matters which you might not be able to discuss with a colleague or supervising partner.
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.
For all membership and practising certificate enquiries contact Member Connect at:
P: 02 6274 0333
E: memberconnect@actlawsociety.asn.au
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. The Society also 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. 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.
Executive considers non-standard applications, including applications for a first unrestricted practising certificate, on a monthly basis.
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.
Not practising in the ACT
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.
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.
Please note that fees apply from 1 July to 30 June and are pro-rated half-yearly. 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.
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:
The holder of a volunteer practising certificate must not:
Applications for volunteer practising certificates must be submitted with the relevant form.
Applications for first ACT Unrestricted Practising Certificates are considered by the Executive Committee of the Council at its monthly meetings. You should ensure you allow sufficient time for an application to be considered if you are seeking to hold an unrestricted practising certificate from a particular date. The time taken to consider an application can be longer in peak periods.
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.
Your statutory declaration should include sufficient information to demonstrate to the Executive Committee that you have the necessary skill and experience to be granted an Unrestricted Practising Certificate, including the following:
If you have practised for less than 5 years, you are also requested to include with your application a statutory declaration from a supervisor/s who can address the work you have performed under their supervision and whether you have attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to you.
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 Events Team on events@actlawsociety.asn.au.
Before you can hold an unrestricted certificate, you will need to surrender your current certificate. To do so, you will need to complete the following steps:
Once your surrender form has been received, you will be sent a confirmation email from the Society. When you receive this confirmation, you will need to reapply for a practising certificate. A prompt and steps to do this will be found in the notifications section of your dashboard.
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.
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.
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.
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. To change your certificate type complete the surrender form in the members dashboard and indicate on your form the reason for surrendering your certificate is due to a change in employment. You will then receive an email to advise you can apply for the new 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.
Information about the steps required for New Zealand lawyers wishing to apply to practise in the ACT.
Information for lawyers qualified overseas.
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’.
+ The Law Society acknowledges the Ngunnawal and Ngambri peoples, who are the traditional custodians
of the land on which our building is located. + We are committed to providing access to resources
and services to meet the needs of a diverse community. + The Law Society acknowledges the work
of Tom Bass in his statue Ethos, which has long been an icon of the Canberra legal profession
and an inspiration to the ACT Law Society.
