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Board of Examiners
Admission
First Admission - Local Applicants
Interstate
New Zealand
Overseas Admitted
Overseas Qualified - Not Admitted
Practising Certificate and Professional Indemnity Insurance
Incorporated Legal Practitioner
Trust Account Audit Report
Professional Indemnity Insurance
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The Legal Practitioners Registry operates under a delegation from the Supreme Court of South Australia and has responsibility for:
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Issue and renewal of practising certificates and professional
indemnity insurance;
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Register of Legal Practitioners in South Australia holding a
practising certificate;
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Legal Practitioners Trust Account Audits and
auditors;
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Mandatory Continuing Professional Development compliance; and
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(As
Secretariat to the Board of Examiners)
receipt of all applications to the Board
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Board of Examiners
The Board considers all
applications for admission as a legal practitioner in South
Australia.
The Board determines applications for academic/practical
accreditation of qualifications obtained overseas for the purpose of
qualifying for admission in South Australia.
The Board is the “local registration authority” for the purposes of
Mutual Recognition applications.
The Board considers applications for renewal of practising
certificates where the applicant has not held a South Australian
practising certificate for 3 or more years. LPEAC 2004 Rule 9.
The Board generally meets on the last Tuesday of each month except
in December.
The Registrar acts as Secretary to the Board.
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Admission
The
Supreme Court is the admitting authority in South Australia. |
First Admission - Local Applicants
To be eligible for admission to the Supreme Court of South
Australia an applicant must satisfy the Board that they are of good
character and have met the admission requirements in the Admission
Rules and LPEAC Rules.
The academic requirement is a tertiary study of law in Australia
completed over a minimum of three years full time (or the part-time
equivalent) and which includes the Priestley 11 subjects. In South
Australia completion of the Bachelor of Laws degree from Adelaide
University, Flinders University or University of South Australia
satisfies the academic requirements. The Bachelor of Laws and Legal
Practice degree from Flinders University is recognised as satisfying
both the academic and the practical requirements for admission. The
practical requirements for admission requires the completion of a
course of study which provides the requisite understanding and
competence in the skills, values and practice areas prescribed
within the LPEAC Rules. The Law Society Graduate Diploma in Legal
Practice (GDLP) is an approved practical legal training course.
Where an applicant has completed law qualifications interstate and
seeks to enrol in the GDLP Course, the applicant must have his/her
qualifications formally accredited by the Board of Examiners prior
to enrolling in GDLP.
Guide to Admission Procedures (pdf format)
Pro forma Admission Documents (word format)
Please refer to the
Schedule of Admission Dates for relevant dates for filing documents
- 2013. |
Interstate and New Zealand
Interstate
If you are an Australian lawyer or an Australian legal
practitioner seeking to practise in South Australia on a permanent
basis then you will need to seek registration and sign the roll in
South Australia pursuant to the provisions of the Mutual
Recognition Act by applying to the Board of Examiners.
Form 6 Application
Pursuant to Rule 15 of the Supreme Court Admission Rules 1999 and
Practice Direction No 3.
Registrants are required to sign the Roll of Practitioners in South
Australia.
New Zealand
If you have been admitted in New Zealand and not in any other
Australian jurisdiction you can seek registration in South Australia
by applying to the Board of Examiners pursuant to Rule 16 of the
Supreme Court Admission Rules 1999 and the provisions of the
Trans-Tasman Mutual Recognition Act. Registrants are required to
sign the Roll of Practitioners in South Australia.
For further information, including the cost of making an application, contact
the Registry on 8229 0251. |
Overseas Admitted
Practitioners admitted overseas and who seek admission in South
Australia must apply to the Board of Examiners for accreditation of
both their academic and practical qualifications pursuant to LPEAC
2004 Rule 4. Application is by way of
statutory declaration.
For information on how applications are assessed and the matters to
be included in your application please refer to the Uniform
Principles for Assessing Overseas Qualifications.
To obtain academic accreditation applicants must provide
certified copies of degrees, diplomas or other qualifications
obtained notorised by the awarding institution identifying the
applicant by reference to the applicant’s passport. Also a certified
copy of the applicant’s academic record and course curricula from
the year in which the subject was completed for each law subject
which the applicant relies upon in the applications and in
sufficient detail to enable the assessing body to make a
recommendation. Applicants will be required to complete some further
academic study at an Australian University.
To obtain accreditation for practical law qualifications completed
as a requirement for admission in your home jurisdiction applicants
must provide certified copies of any certificates, transcripts of
results and course outlines in sufficient detail to permit an
assessment of your practical qualifications. Applicants may be
required to complete all or part of the practical legal training
required for admission in South Australia as determined by the
Board.
A fee of AU$400 applies to all applications for accreditation of
overseas qualifications.
For identification purposes we require a certified copy of the
applicant's passport.
Applicants from countries where English is not the first language
may also be required to provide the results of the English language
proficiency (IELTS) test which satisfies the requirements of the
Uniform Admission Rules. This test must be completed within two
years before admission and record a score of 8 for writing, 7.5 for
speaking and 7 for both reading and listening.
Overseas qualified applicants should apply for admission in South
Australia in the same manner as a local applicant. Where an
applicant provides details of legal practice and testimonials from
former employers corroborating the type of work undertaken, the
Board may reduce the period of supervised employment following
admission in South Australia. In addition, the applicant should
provide at least two character references by way of statutory
declarations from either legal practitioners admitted for five years
who have known the applicant for two years, or persons of good
repute who have known the applicant at least five years, attesting
to the applicant's good character and fitness to be admitted.
Applicants also require a certificate of good standing from their
home jurisdiction as part of their admission documents.
PD1A Overseas Qualified Rule 4 Overseas
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Overseas Qualified - Not Admitted
Applications from overseas qualified persons who have not been
admitted but who have qualified for admission overseas and who are
seeking accreditation of their academic and practical qualifications
with a view to admission in South Australia should refer to the
procedure outlined above with the exception of providing evidence of
admission and testimonials. They will need to provide the two
character references.
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Practising Certificates and Professional Indemnity Insurance
All admitted persons practising law in South Australia are
required to hold a current South Australian practising certificate.
The fee for an individual practising certificate issued from 1
January 2013 for the remainder of the 2012-13 financial year is
$303.00 (GST exempt).
Effective from 1 July 2011 all practising certificates contain a
standard condition requiring compliance with the Mandatory
Continuing Professional Development (MCPD) Scheme.
Practitioners who practise in the private profession must have
professional indemnity insurance, for a tax invoice for your
practising certificate and professional indemnity insurance please
contact the Legal Practitioners Registry on 8229 0242.
Practitioners not practising in the private profession but who are
employed in government or the corporate sector or who are no
practising at all should complete a Form 5 Exemption application and
forward both the completed Form 1 and Form 5 together with payment.
Following admission practitioners are issued with a restricted
practising certificate requiring that they practice under
supervision for a period of time. That restriction will remain in
place until the practitioner applies to have the restriction lifted.
Please contact the Registry for information. Practitioners applying
for their first practising certificate should use Form 1A. Where a
legal practitioner has not held a practising certificate for 30 days
or more an affidavit must be lodged with your practising certificate
application.
Pro-forma Affidavit.
Form 1 Practising Certificate
Form
1A Practising Certificate
Form 2 Low Fee Earner
Form 4 Conveyancers Contribution Form
Form 5 Exemption Application
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Professional Indemnity Insurance
Under Section 52 of the Legal Practitioners Act 1981, as
amended, the Society administers the State’s Professional Indemnity
Insurance Scheme as approved annually by the Attorney-General. The
Scheme provides for cover up to $2m inclusive of costs for each and
every claim. Practitioners should obtain a copy of the Scheme
document to ensure that they are familiar with the terms and
conditions of cover. All practitioners exercising a right of private
practice are required to hold insurance. Any practitioner holding a
practising certificate whether interstate or overseas, working in
the government or corporate sectors, or not currently working should
seek an exemption from insurance by completing the appropriate
exemption form. The Scheme is administered by the Law Claims section of the Society.
Practitioners
commencing employment or changing employment and who require
professional indemnity insurance should contact this Registry prior
to commencing employment and obtain the appropriate documentation.
As the insurance contribution is calculated on a daily pro rata
basis, practitioners should contact this Registry on 8229 0242 to
discuss their requirements.
Insured
practitioners ceasing employment as a legal practitioner in this
State may be eligible for a pro rata refund in respect of the
insurance contribution paid. Please contact the Registry on 8229
0242 for further information.
Practitioners are advised that practising
without having professional indemnity insurance in place will result
in their practising certificate being suspended, by operation of
law, for the entire period of the breach until it is remedied.
Please contact the Registry on 8229 0242 prior to commencing to
ensure that the requisite insurance is in place.
Click here to contact the Registry.
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Incorporated Legal Practitioner
Practitioners are able to practise in South Australia through a
legal practitioner company. The constitution of the company must
conform with section 16(2) of the Legal Practitioners Act 1981 (as
amended) and must first be approved by the Legal Practitioners'
Registrar. Any proposed amendments to the constitution must be fist
submitted for approval by the Registrar and any change in Directors
must be notified to the Registry.
A legal practitioner company must not practise in partnership unless
prior approval is obtained from the Registrar.
A company that is a legal practitioner is required to hold a
practising certificate which is in addition to the certificate held
by the practitioner directors and/or employees of the company.
Form 3A
Application by Company for Issue of Practising Certificate
- Form3A
Annual returns in accordance with section 24 of the Legal Practitioners Act
must be lodged in July of each year.
Form 6 Company Return |
Trust Account Audit Report
The annual report of the audit of the legal practitioner's trust
account is to be lodged with the Registry by 31 October of each
year. Practitioners are required to forward their Regulation 28
statement to their auditor by the end of August. The Society
forwards the format of the Regulation 28 statement to all firms
having trust accounts electronically each year in sufficient time
for it to be provided to the auditor. The Society also forwards a
recommended format of the trust account audit report to all
auditors.
Failure to lodge a trust account audit report by the due date will
result in the suspension from practice of the practitioners
concerned.
Any resignation from any appointment as a legal practitioners' trust
account auditor must be approved by the Registrar and any change of
auditor notified to the Registry.
Any auditor seeking to be approved for the purposes of conducting
legal practitioners trust accounts should make application to the
Registrar. All approved auditors are required to attend refresher
courses at least once every two years. Failure to attend the course
as required will result in the approval of the auditor being
withdrawn.
Please contact the Registry for any assistance in these matters.
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Annual Report