Legal Aid Act 1977

A statutory officer of the commission shall not exercise any functions under this Act unless the officer holds a current unrestricted practising certificate.

A member of the staff of the commission shall not exercise any functions of a solicitor under this Act unless the staff member holds a current practising certificate.

Subject to subsection (10), a statutory officer of the commission who holds a current unrestricted practising certificate is entitled to practise as a solicitor, and to exercise the functions of a solicitor, in the ACT and in any court of the Territory and has a right of audience in any court of the Territory.

Subject to subsection (10), a member of the staff of the commission who holds a current practising certificate has such rights to practise as a solicitor, and such rights to exercise the functions of a solicitor, in the ACT, and such rights of audience in any court of the Territory, as the staff member would have if the chief executive officer were a solicitor lawfully practising on the solicitor’s own account in the ACT and the member of the staff were employed by that solicitor.

An officer of the commission who is a legal practitioner is entitled to practise as a barrister, and to exercise the functions of a barrister, in the ACT and in any court of the Territory.

In practising as a solicitor or exercising any of the functions of a solicitor under this section—

a statutory officer of the commission has all the rights and privileges of a solicitor practising on the solicitor’s own account; and

a member of the staff of the commission has all the rights and privileges of a solicitor employed by a person practising as a solicitor on the solicitor’s own account.

In appearing in a proceeding in a court or before a tribunal, an officer of the commission has the same protection and immunity as a barrister has in appearing for a party in a proceeding in that court or before that tribunal if the officer is appearing for—

a legally assisted person; or

a person to whom legal assistance is provided other than under this Act.

Subsections (1) to (7) have effect only for the purposes of the exercise by the commission of its functions.

Nothing in this section affects any right to practise as a solicitor or exercise the functions of a solicitor, or any right of audience in a court or before a tribunal, that an officer of the commission has apart from this section.

To remove any doubt, the Legal Profession Act 2006, chapter 4 (Complaints and discipline) applies to officers of the commission who are Australian legal practitioners within the meaning of that Act in the same way as it applies to other people who are Australian legal practitioners within the meaning of that Act.