Criteria for grant or renewal of unrestricted practising certificate—Act, s 35
10 Criteria for grant or renewal of unrestricted practising certificate—Act, s 35
An applicant for the grant or renewal of an unrestricted practising certificate must be a person qualified as set out in table 10.
Table 10
column 1
item
column 2
qualification
1
A person who holds an unrestricted practising certificate in relation to a period ending on 30 June in the year in which the person applies for renewal of the certificate.
2
A person who—
held an unrestricted practising certificate during the relevant 5-year period; and
has retained such a level of professional skill that it is appropriate that a further unrestricted practising certificate be issued to the person.
3
A person who—
has not previously held an unrestricted practising certificate; and
during the relevant 5-year period, has, for a period of not less than 2 years or for periods that total not less than 2 years—
been employed in a jurisdiction under articles of clerkship; or
been engaging in legal practice in a jurisdiction as an employee of a solicitor who holds an unrestricted practising certificate in a law firm, incorporated legal practice or multidisciplinary partnership; or
been engaging in legal practice as a government lawyer; or
been engaging in legal practice as an in-house lawyer; or
practised in a jurisdiction as a solicitor, either on the person’s own account or in partnership with another legal practitioner; or
been employed, or engaged in legal practice in any 2 or more of the capacities mentioned in subparagraphs (i), (ii), (iii) and (v); and
has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
4
A person who—
has during the relevant 5-year period—
practised in a jurisdiction as a barrister for a period of not less than 2 years; or
practised in a jurisdiction as a barrister for a period of not less than 1 year and been employed, performed work or practised in any 1 or more of the capacities mentioned in item 3, column 2, paragraph (b) for a period of not less than 1 year or for periods that total not less than 1 year; and
has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
5
A person who—
has previously held a practising certificate; and
has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
6
A person who—
is a New Zealand barrister and solicitor; and
has for a continuous period of not less than 6 months after the person’s admission in the ACT been employed in the ACT by a legal practitioner; and
has attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to the person.
In this section:
relevant 5-year period, in relation to an applicant for an unrestricted practising certificate, means the period of 5 years immediately before the day the person makes the application.
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