Barristers' Admission Rules Amendment Order (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 341 Supreme Court Act 1921 BARRISTERS’ ADMISSION RULES AMENDMENT ORDER (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of rule 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new rules 42AJ to 42AP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42AJ Registrar has powers etc. of Court of Appeal under MutualRecognition Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42AK Form of section 19 notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42AL Lodgment of section 19 notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 42AM Other evidence to accompany section 19 notice . . . . . . . . . . . . . . . 3 42AN Action following lodgment of section 19 notice . . . . . . . . . . . . . . . . 3 42AO Certificate of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 42AP No right of appeal to Court against registrar’s decision . . . . . . . . . . 4 5 Amendment of rule 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Barristers’ Admission Rules Amendment (No. 1) No. 341, 1993 ˙ Short title 1. This order in council may be cited as the Barristers’ Admission Rules Amendment Order (No. 1) 1993 . ˙ Amended rules 2. The Barristers’ Admission Rules 1975 are amended as set out in this order. ˙ Amendment of rule 2 (Interpretation) 3. Rule 2(a)— insert— ‘ “Mutual Recognition Act” means the Mutual Recognition Act 1992 (Commonwealth); “section 19 notice” means a notice seeking admission as a barrister under section 19 of the Mutual Recognition Act; ’. ˙ Insertion of new rules 42AJ to 42AP 4. After rule 42AI— insert— ˙ ‘Registrar has powers etc. of Court of Appeal under MutualRecognition Act ‘42AJ. The registrar may exercise the powers and perform the functions of the Court of Appeal in relation to the admission, under the MutualRecognition Act, of interstate practitioners as barristers. ˙ ‘Form of section 19 notice ‘42AK.(1) A section 19 notice must— (a) be in the form approved by the registrar; and (b) give the address for service of the interstate practitioner lodging the notice.

3 Barristers’ Admission Rules Amendment (No. 1) No. 341, 1993 ‘(2) The statements and other information in the notice must be verified by statutory declaration. 1 ˙ ‘Lodgment of section 19 notice ‘42AL.(1) A section 19 notice and accompanying documents must be lodged personally or by agent or post. ‘(2) A copy of the notice and accompanying documents must also be lodged with the original notice. ˙ ‘Other evidence to accompany section 19 notice ‘42AM.(1) A section 19 notice must be accompanied by a certificate, or a certified copy of a certificate, by the proper officer of the Supreme Court of the State or Territory evidencing the interstate practitioner’s admission in the State or Territory from which entitlement to admission under the MutualRecognition Act is derived. ‘(2) The certificate must have been issued not more than 1 month before the day of lodgment of the notice. ‘(3) The receipt for the practitioner’s admission fee must accompany the notice. ˙ ‘Action following lodgment of section 19 notice ‘42AN.(1) Immediately after receipt of a section 19 notice, the registrar must give a copy of the notice and accompanying documents to the Board. ‘(2) The Board must consider whether to recommend to the registrar that— (a) the interstate practitioner who lodged the notice should be granted admission as a barrister (with or without condition); or (b) admission of the practitioner as a barrister should be postponed or refused under section 22 or 23 of the Mutual Recognition Act. 1 This subrule is included merely for information—see section 19(5) of the Mutual Recognition Act 1992 (Commonwealth).

4 Barristers’ Admission Rules Amendment (No. 1) No. 341, 1993 ‘(3) The Board must give its recommendation to the registrar within 21 days of lodgment of the notice. ‘(4) The registrar must consider the Board’s recommendation. ‘(5) If the registrar decides to grant the practitioner admission as a barrister, the registrar must immediately— (a) enrol the practitioner on the roll of barristers; and (b) give written notice to the secretary of the enrolment. ‘(6) If the registrar decides to postpone or refuse the practitioner’s admission as a barrister, the notice of the decision under section 24 of the MutualRecognitionAct must be given to the practitioner at the practitioner’s address for service given in the practitioner’s section 19 notice. ˙ ‘Certificate of admission ‘42AO. An interstate practitioner who is enrolled under rule 42AN is entitled to receive a certificate of admission in form 11. ˙ ‘No right of appeal to Court against registrar’s decision ‘42AP.(1) A decision of the registrar in relation to the admission, under the Mutual Recognition Act, of an interstate practitioner as a barrister is not subject to appeal or review by the Court or Court of Appeal. 2 ‘(2) Subrule (1) has effect despite the Rules of the Supreme Court . ’. ˙ Amendment of rule 50 5.(1) Rule 50— number as rule 50(1). (2) Rule 50— 2 Under section 34 of the Mutual Recognition Act 1992 (Commonwealth), a person may apply for the review of a decision of a local registration authority in relation to its functions under that Act.

5 Barristers’ Admission Rules Amendment (No. 1) No. 341, 1993 insert— ‘(2) Subrule (1) has effect subject to rule 42AM(3). ’. ˙ Amendment of Schedule 6. Form 11— omit ‘ (Rules 42 and 42AI) ’, insert ‘ (Rules 42, 42AI and 42AO) ’. ENDNOTES 1. Made by the Governor in Council on 2 September 1993. 2. Notified in the Gazette on 3 September 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993