All practitioners admitted
in South Australia since 1 January 1994 are or were subject to certain initial
practising certificate conditions that need to be satisfied before the holders
can practice as principals. The early conditions required practitioners to only
practice as employees. The condition imposed after January 2004 required the
completion of “supervised practice”. You should check you practising
certificate for any such conditions and apply to have them lifted when you have
complied with the subject requirement. For information about what conditions
apply to you please see below.
1 January 1994 to 24 March 1999
If you were admitted for the first time in South Australia during this period the applicable restrictions were contained in Rule 40(10) of the Supreme Court Admission Rules 1993 which stated the following:
40(10)(a) No person admitted to practice other than a person admitted to practice under 13 or 20 shall practise as a sole practitioner before becoming qualified to receive the grant of the Graduate Diploma in Legal Practice or such other course or programme of post-admission training in lieu therefore as may have been approved by the Board pursuant to (1) hereof.
“practice as a sole practitioner” means practice other than as an employed practitioner, where the employer is a practitioner of no less than 5 years’ experience in practice, or other than as a partner or associate in a firm where at least one full-time principal is so qualified and provided also that an employer or principal so qualified is engaged in full-time practice at the place at which the practitioner is employed.
If your practising certificate is endorsed with this restriction and you wish to have it lifted you will need to make an application to the Board of Examiners by submitting a statutory declaration and supporting documentation to the Law Society of South Australia. A pro-forma statutory declaration for this purpose can be downloaded by clicking here (BOE Form 1).
1 February 1999 to 31 December 2003
If you were admitted for the first time in South Australia during this period the applicable restrictions were contained in Rules 6 and 29 Rules of the Legal Practitioners Education and Admission Council 1999 which stated the following:
6(1) Subject to subrule (2), a local applicant admitted to practice upon reliance on Rules 4 and 5 shall not be entitled to practise as a sole practitioner until he or she has completed at least twelve months’ continuous full-time employment as an employed practitioner following the first issue to him or her of a practising certificate.
29(2) If a practitioner has not commenced, or has embarked upon but has not completed by 1 February 1999, the practical legal training required by Rule 40 of the repealed Admission Rules, the practitioner shall complete such practical legal training (or the remainder thereof) in accordance with the provisions of this rule.
29(7) A practitioner shall not practise as a sole practitioner before completing the requirements as to post-admission training imposed by this Rule.
“Practise as a sole practitioner” means practise other than as an employed practitioner, where the employer is a practitioner of not less than five years’ experience in practice, or other than as a partner or associate in a firm where at least one full-time principal is so qualified and provided also that an employer or principal so qualified is in full-time practice at the place at which the practitioner is employed or engaged.
“Employed practitioner” means a practitioner employed in law related employment as defined in Rule 6(3).
“Law related employment” means employment in Australia:
- in a private law practice;
- in a government department or semi-government authority if the employment requires the performance of the work of a legal practitioner and which the Board considers appropriate for the purposes of this rule;
- in a corporate legal office;
- in a community legal service;
- in the office of the Crown Solicitor, the South Australian Director of Public Prosecutions, the Commonwealth Australian Government Solicitor or the Commonwealth Director of Public Prosecutions;
- in any other organisation, department or office which the Board approves for the purposes of this rule;
- as a judge’s associate.
If your practising certificate is subject to this restriction and you wish to have it lifted you will need to make an application to the Board of Examiners by submitting a statutory declaration and supporting documentation to the Law Society of South Australia. A pro-forma statutory declaration for this purpose can be downloaded by clicking here (BOE Form 1).
You will need to include with your statutory declaration supporting evidence from your employer or employers. A pro-forma letter for this purpose can be downloaded by clicking here (BOE Form 2).
Applications that are not able to be determined by the Board’s delegate will be included in the agenda for the next applicable Board meeting.
Please email the completed application to the Ethics and Practice Unit at ethicsandpractice@lawsocietysa.asn.au
1 January 2004 to 11 May 2011
If you were admitted for the first time in South Australia during this period the applicable restrictions were contained in Rule 3 of the Rule 3 of the Rules of the Legal Practitioners Education and Admission Council 2004 (before 12 May 2011) which stated the following:
3.1 A local applicant admitted to practice in this State shall not be entitled to practise as a sole practitioner until he or she has completed in this State or in another State or Territory:
(a) a continuous period of two years full-time employment as an employed practitioner, or an equivalent period of part-time employment, following the first issue to him or her of a practising certificate.
to practise as a sole practitioner means to practise other than as an employed practitioner, where the employer is a practitioner entitled to practise as a sole practitioner or is controlled or managed by a practitioner who is so qualified, or other than as a partner in a firm where at least one full-time principal is so qualified and provided also that an employer or principal so qualified is in full-time practice at the place at which the practitioner is employed or engaged.
employed practitioner means a practitioner employed to perform predominantly the work of a legal practitioner:
- in a private law practice;
- in a government department or semi-government authority, if the employment requires the performance of the work of a legal practitioner which the Council considers appropriate for the purposes of these rules;
- in a corporate legal office;
- in a community legal service;
- in the office of the Crown Solicitor, the Director of Public Prosecutions, the Commonwealth Australian Government Solicitor or the Commonwealth Director of Public Prosecutions;
- in any other organisation, department or office which the Council approves for the purposes of this rule;
- as a judge’s associate which work so qualifies.
Your practising certificate will be endorsed with this restriction if it applies to you.
If your practising certificate is endorsed with this restriction and you wish to have it lifted you will need to make an application to the Board of Examiners by submitting a statutory declaration and supporting documentation to the Law Society of South Australia. A pro-forma statutory declaration for this purpose can be downloaded by clicking here (BOE Form 3).
You will need to include with your statutory declaration supporting evidence from your employer or employers. A pro-forma letter for this purpose can be downloaded by clicking here (BOE Form 4).
Applications that are not able to be determined by the Board’s delegate will be included in the agenda for the next applicable Board meeting.
Please email the completed application to the Ethics and Practice Unit at ethicsandpractice@lawsocietysa.asn.au
12 May 2011 to 1 October 2018
If you were admitted for the first time in South Australia during this period the applicable restrictions were contained in Rule 3 of the Rules of the Legal Practitioners Education and Admission Council 2004 (from 12 May 2011) which states as follows:
3.1 A local applicant admitted to practice in this State shall not be entitled to practise as a principal until he or she has completed supervised practice in this State or in another State or Territory by way of:
(a) a continuous period of two years full-time employment as an employed practitioner, or an equivalent period of part-time employment, following the first issue to him or her of a practising certificate.
“Supervised practice” means practise as an employed practitioner controlled or managed by a legal practitioner entitled to practise as a principal during which supervised practice the practitioner is employed at the location where the principal conducts his or her practice.
“Employed practitioner” means a practitioner employed to perform predominantly the work of a legal practitioner:
- in a private law practice;
- in a government department or semi-government authority, if the employment requires the performance of the work of a legal practitioner which the Council considers appropriate for the purposes of these rules;
- in a corporate legal office;
- in a community legal service;
- in the office of the Crown Solicitor, the Director of Public Prosecutions, the Commonwealth Australian Government Solicitor or the Commonwealth Director of Public Prosecutions;
- in any other organisation, department or office which the Council approves for the purposes of this rule;
- as a judge’s associate which work so qualifies.
Your practising certificate will be endorsed with this restriction if it applies to you.
If your practising certificate is endorsed with this restriction and you wish to have it lifted you will need to make an application to the Board of Examiners by submitting a statutory declaration and supporting documentation to the Law Society of South Australia. A pro-forma statutory declaration for this purpose can be downloaded by clicking here (BOE Form 5).
You will need to include with your statutory declaration supporting evidence from your employer or employers. A pro-forma letter for this purpose can be downloaded by clicking here (BOE Form 6).
Applications that are not able to be determined by the Board’s delegate will be included in the agenda for the next applicable Board meeting.
If you have had a period of remote supervision due to COVID-19 please ensure you read the further information under the heading LPEAC Remote Supervision of Practitioners Subject to Supervised Practice (Category C PC) During Covid-19 Restrictions and add the relevant information into your application.
Please email the completed application to the Ethics and Practice Unit at ethicsandpractice@lawsocietysa.asn.au
1 October 2018 to Current
If you were admitted for the first time in South
Australia during this period the applicable requirements are contained
in Rules 5, 11 and 12 of the Rules of the Legal Practitioners Education and
Admission Council 2018 (from 1 October 2018) which state as
follows:
5 Supervised practice
(1)
For the purposes of these rules, practice by a practitioner qualifies as
supervised practice if–
(a)
the work of the practitioner is controlled or managed by a legal practitioner
who has been in practice for at least 5 years preceding the commencement of the
proposed supervised practice and who holds a Category A or Category B or
unrestricted Category C practising certificate during the period of supervised
practice (the supervising practitioner); and
(b)
during the period of practice–
(i)
the practitioner is employed or engaged by the supervising practitioner; or
(ii)
the practitioner is employed and the supervising practitioner is employed or
engaged by the same person; or
(iii)
the practitioner is employed and the supervising practitioner is employed or
engaged to perform the work of a legal practitioner in the same practice; and
(c)
during the period of supervised practice the practitioner and the supervising
practitioner work, or substantially work, at the same location.
(2)
During the period of supervision, the practitioner and the supervising
practitioner must, insofar as is reasonably practicable, comply with any
guidelines issued by LPEAC for the purposes of this rule.
(3)
If a practitioner is subject to a condition which requires that the
practitioner must not practice without supervision, the requirement for
supervision will not cease until the Board of Examiners is satisfied that there
has been adequate compliance with that condition such that it is appropriate
for the person to be permitted to practice without supervision.
11
Required experience
(1)
An original applicant admitted to practise in this State will not be entitled
to hold a Category A, B, unrestricted C or unrestricted D practising
certificate until he or she has completed supervised practice in this State or
in another State or a Territory by way of–
(a)
a continuous period of 2 years’ full-time
employment as an employed practitioner, or an equivalent period of part-time
employment, following the first issue to the original applicant of a practising
certificate; or
(b)
a combination of employment as an employed practitioner and work as a volunteer
practitioner, or an equivalent period of part-time employment, which together
are the equivalent of 2 years’ full-time employment or work, provided that the
work as a volunteer practitioner does not exceed 3 months (in total) (full-time
equivalent), or such longer period as may apply on application under subrule
(2)(b).
12
Practising without supervision
(1)
A practitioner must not practise as a local legal practitioner without
supervision unless the person holds–
(a)
a Category A or B practising certificate; or
(b)
an unrestricted Category C practising certificate; or
(c)
an unrestricted Category D practising certificate.
(2)
If the Board of Examiners determines that a person has contravened subrule (1),
the Board may–
(a)
direct the person to complete a period of supervised practice that is in
addition to the requirements of rule 11, subject to such conditions determined
to be appropriate by the Board, before the person is entitled to a category of
practising certificate referred to in that subrule; or
(b)
refer the matter to the Court, and the Court may then deal with the matter as
it thinks fit; or
(c)
refer the matter to the Legal Profession Conduct Commissioner under Part 6 of
the Act.
(3)
A practitioner will be entitled to hold a Category A, B, unrestricted C or
unrestricted D practising certificate on satisfying the Board of Examiners that
he or she has completed supervised practice pursuant to Rule 11.
Your practising certificate will be endorsed with this
restriction if it applies to you.
If your practising certificate is endorsed with this
restriction and you wish to have it lifted you will need to make an application
to the Board of Examiners by submitting a statutory declaration and supporting
documentation to the Law Society of South Australia. A pro-forma statutory
declaration for this purpose can be downloaded by clicking here.
You will need to include with your statutory declaration
supporting evidence from your employer or employers. A pro-forma letter for
this purpose can be downloaded by clicking here (BOE Form 8).
Applications that are not able to be determined by the
Board’s delegate will be included in the agenda for the next applicable Board
meeting.
If you have had a period of remote supervision due to COVID-19 please ensure you read the further information under the heading LPEAC Remote Supervision of Practitioners Subject to Supervised Practice (Category C PC) During Covid-19 Restrictions and add the relevant information into your application.
Please email the completed application to the Ethics and
Practice Unit at ethicsandpractice@lawsocietysa.asn.au