Legal Profession (Practising Certificates) Amendment Act 1992 (NSW)

LEGAL PROFESSION (PRACTISING CERTIFICATES)

AMENDMENT ACT 1992 No. 93

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2.      Commencement

3. Amendment of Legal Profession Act 1987 No. 109

4.       Transitional

5. Review and expiry of certain provisions
SCHEDULE 1—AMENDMENTS

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]

Legal Profession (Practising Certificates) Amendment Act 1992 No. 93

The Legislature of New South Wales enacts:

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 Profession 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 issued before the date of assent to 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 objectives of the provisions to which this section applies and the impact of the enactment of those provisions on the legal profession. The Commission must deliver its report within 9 months after the date of assent to this Act and the Minister is to cause the Commission’s report to be tabled in Parliament.

SCHEDULE l—AMENDMENTS

(Sec. 3)

(1) Section 29A:

certificate

After section 29, insert:

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

Legal Profession (Practising Certificates) Amendment Act 1992 No. 93

SCHEDULE 1—AMENDMENTS—continued

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.

Subsection (1) does not apply to:
a barrister who is the holder of a statutory position
under the Crown in right of New South Wales, any
other State or Territory or the Commonwealth; or
a barrister who acts 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); or
a barrister who is, or is a member of a class or of a
description of barristers, specified by the Bar Council

for the purposes of this subsection; or

a barrister who is, or is a member of a class or of a

description of barristers, prescribed by the regulations

for the purposes of this subsection.

(3) Subsection (2) applies only while a barrister is a barrister 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:

Legal Profession (Practising Certificates) Amendment Act 1992 No. 93

SCHEDULE 1—AMENDMENTS—continued

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;

a condition requiring the holder to sit for and pass any examination set by the Council as part of a reading program;
a condition requiring the holder to read with a specified barrister or with a barrister of a specified 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 to the Bar Council that the holder is fit to practise as a barrister without restriction.

The only other conditions that can be attached t o a practising certificate are conditions of the following kinds: a condition requiring the holder to undertake and complete to the satisfaction of the Bar Council a course of further legal education;

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

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).

cannot be attached to a practising certificate of a barrister Conditions of a kind referred to in subsection (4)

referred to in section 29A (2) (a) or (b).

(7) The Attorney General, if admitted as a barrister, is

entitled to an unconditional practising certificate.

(3) Section 35 (Refusal, suspension or cancellation of 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:

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SCHEDULE 1—AMENDMENTS—continued

(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 Council, 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.

(4) Section 37 (Appeals relating to practising certificates):

(a) At the end of section 37 (1) (b), omit “or”.

(b) After section 37 (1) (b), insert: (b1) attaches a condition to a practising certificate or varies

a condition attached to a practising certificate; or

(c) In section 37 (2), after “suspension”, insert “, or the attaching or variation of a condition,”.

[Minister’s second reading speech made i n -

Legislative Assembly on 26 March 1992
Legislative Council on 19 November 1992]