Under ss 16 and 17 of the Legal Practitioners Act 1981 (SA), an admitted and enrolled practitioner who is not suspended is entitled to be issued a prospective practising certificate upon satisfying the statutory preconditions; the issue does not involve a general discretion. The power in s 17(3) to issue a certificate with retrospective effect is not limited to cases where the practitioner has not practised during the relevant period, and may be exercised where the Court is satisfied that the protective purposes of the Act are adequately served without exposing the practitioner to further disciplinary or criminal sanction. The Court will not exercise the power if insufficient is known of the circumstances to assess the quality and gravity of the practitioner's failure.
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