Legal Profession Uniform Law Legal Profession Uniform General Amendment (Supervised Legal Practice) Rule 2015 (NSW)

Legal Profession Uniform General

Amendment (Supervised Legal Practice)

Rule 2015

under the

Legal Profession Uniform Law

The Legal Services Council has made the following Rule under the Legal Profession

Uniform Law.

DALE BOUCHER

Chief Executive Officer, Legal Services Council
Legal Profession Uniform General Amendment

(Supervised Legal Practice) Rule 2015

under the
Legal Profession Uniform Law

1                 Name of Rule

This Rule is the Legal Profession Uniform General Amendment (Supervised Legal
Practice) Rule 2015.

2                 Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3                 Authorising provision

This Rule is made by the Legal Services Council under Part 9.2 of the Uniform
Law.

4 Amendment of Legal Profession Uniform General Rules 2015 Rule 7 Supervised legal practice

Insert at the end of the rule:

(2)  For the purposes of paragraph (d) of the definition of supervised legal practice in section 6 (1) of the Uniform Law, supervised legal practice in the case of an Australian legal practitioner who is an employee of a law practice, and who is engaged in legal work for a client of the law practice, or in legal work for a community legal service, otherwise than under the supervision of an authorised principal of the law practice, includes supervision by an Australian lawyer (the supervising lawyer), where:

(a)

the supervising lawyer:

(i)	holds an Australian practising certificate authorising the holder to supervise legal practice by others, or
(ii)	is exempt from holding or otherwise not required to hold such an Australian practising certificate by or under the Uniform Law, jurisdictional legislation or legislation of the Commonwealth, and

(b)

the supervision is adequate in the circumstances and not less than the supervision that the employee would have received from an authorised principal of the law practice.

(3) Subrule (2) applies in relation to legal work engaged in by an employee of a legal practice during the whole or any part of the period starting on 1 July 2015 and ending immediately before the date of commencement of that subrule, as well as to legal work engaged in on or after that date.