Practising Certificates

In November 2015, the Legal Practitioners Education and Admission Council (LPEAC) made amendments to the LPEAC Rules 2004 introducing practising certificate categories. In October 2018, LPEAC made amendments to the LPEAC Rules 2004 introducing a variety of changes. The provisions in relation to practising certificate categories are contained in LPEAC Rule 3B. The following categories are outlined in Part 3 – Practice, Division 1 – Categories of practising certificates of the LPEAC Rules 2018.

• Category A: a principal practising certificate which enables the practitioner to practise as the principal of a law practice entitled to receive and manage trust monies.
• Category B: a principal practising certificate which enables the practitioner to practise as a principal of a law practice but not entitled to receive and manage trust monies, including as a barrister;
• Category BA: a principal practising certificate for practitioners who elect to practise exclusively as barristers;
• Category C: an employee practising certificate which enables the practitioner to undertake work of an employed practitioner on a supervised basis pursuant to rule 11 (a restricted practising certificate) and, on certification by the Board of Examiners that the practitioner has satisfied rule 11, as an employed practitioner (an unrestricted Category C practising certificate); and
• Category D: a volunteer practising certificate which enables the practitioner to undertake legal practice in the manner they are otherwise entitled to in accordance with rule 11, but only as a volunteer for a community legal centre, or for an institution or project approved by LPEAC, and where the practitioner is covered by professional indemnity insurance (being a restricted practising certificate while the practitioner is undertaking supervised practice) and, after compliance with rule 11, as a volunteer legal practitioner (an unrestricted Category D practising certificate).

Rule 10 of the LPEAC Rules 2018 provides for the issue of a Category D practising certificate to practitioners who fit the required criteria. A Category D practising certificate is ‘a volunteer practising certificate which enables the practitioner to undertake legal practice in the manner they are otherwise entitled to in accordance with rule 11, but only as a volunteer for a community legal centre, or for an institution or project approved by LPEAC, and where the practitioner is covered by professional indemnity insurance (being a restricted practising certificate while the practitioner is undertaking supervised practice) and, after compliance with rule 11, as a volunteer legal practitioner (an unrestricted Category D practising certificate'.

The definition of “volunteer” in the LPEAC Rules is as follows:

volunteer or volunteer practitioner means a practitioner who receives no remuneration for the work the practitioner does or who is only reimbursed for expenses actually incurred during the course of carrying out work.

The definition of “community legal centre” in the Legal Practitioners Act 1981 (the Act) is as follows:

… a body that provides legal services to the community, or a section of the community, on a non-profit basis, and includes the Aboriginal Legal Rights Movement, but does not include the Legal Services Commission.

To apply for a Volunteer Practising Certificate you will need to complete and return Form C. The fee for a Volunteer practising certificate, category D is $150.

If you are applying for your first practising certificate after admission in South Australia, you must complete a Form A and provide it to the Law Society. On receipt of payment of the practising certificate fee and professional indemnity insurance contribution (if applicable) a practising certificate will be issued. For more information about the Professional Indemnity insurance Scheme, click here. If more than one month has passed since you were admitted in South Australia, an Affidavit must be lodged along with the Form A. A pro-forma Affidavit can be downloaded by clicking here.

If you are applying for a practising certificate that is not your first in South Australia, you must complete a Form B and provide it to the Law Society. On receipt of payment of the practising certificate fee and professional indemnity insurance contribution (if applicable) a practising certificate will be issued. For more information about the Professional Indemnity insurance Scheme, click here. Where a practitioner has not held a South Australian practising certificate for a period exceeding one month an Affidavit must be lodged along with the Form B. A pro-forma Affidavit can be downloaded by clicking here.

The Form B or Form A and affidavit (if applicable) can be scanned and emailed to PCandPIIrenewals@lawsocietysa.asn.au, the original is not required.

If you are applying for a practising certificate for the first time in South Australia and it has been more than 3 years since your admission in South Australia, or your last practising certificate (South Australian or interstate) expired 3 or more years ago, you need to comply with the requirements in LPEAC Rule 15. For information about LPEAC Rule 15, please see the Guide to LPEAC Rule 15.

If you have been admitted elsewhere in Australia, you also have the option of applying for a South Australian practising certificate via Mutual Recognition. Please see the information regarding Mutual Recognition on the Admission to Practice webpage.

You will not be permitted to renew your practising certificate until the Law Society is satisfied that your professional indemnity insurance requirements have been satisfied, and that if you held a practising certificate during the preceding period you complied with your MCPD obligations for that period. For details about the Professional Indemnity Insurance Scheme click here. For information about MCPD requirements, here, or if you would like to check your profile to view your current MCPD compliance please click here.

On the Society being satisfied that all requirements have been met you will be emailed an invoice for the practising certificate fee. Practising certificate fees for the 2023/24 period were published in the South Australian Government Gazette are as follows:

Fee for the issue or renewal of a practising certificate (other than a volunteer practising certificate):

1. for more than 6 months $702 fee plus $220 levy.
2. for 6 months or less $393 fee plus $110 levy.

Fee for the issue or renewal of a volunteer practising certificate (see LPEAC rule 10: category D practising certificate) $103 fee plus $47 levy.

Practising certificates are issued to the email address provided on your application once the payment is received by the Society. Please allow up to 5 business days for the application process and receipt of your Practising Certificate.

The Law Society operates the Legal Practitioners Professional Indemnity Insurance Scheme pursuant to section 52 of the Legal Practitioners Act 1981 (the Act). All practising certificates are issued subject to the requirement to satisfy the insurance obligations under section 19 of the Act.

For details about the Professional Indemnity Insurance Scheme, click here.

If you wish to practise under a name that is different to that which appears on the Roll of Practitioners you must first re-sign the Roll. For information on how to re-sign the Roll, please contact the Supreme Court Registry here.

Once you have re-signed the Roll of Practitioners the Supreme Court will notify the Society. The Society will then ensure that your name is updated on your Profile and Practising Certificate (see PC & Admission Tab).

All South Australian practising certificates are issued subject to the following conditions:

1. That the practitioner complies with the mandatory continuing professional development (MCPD) obligations contained in Appendix C to the LPEAC Rules 2018.
   For information about how you can comply with the MCPD condition, click here.
2. That the practitioner satisfies the insurance requirements imposed by section 19 of the Legal Practitioners Act 1981.
   For information about how you can comply with the insurance condition, click here.

Further conditions may also be placed upon a practising certificate by LPEAC, the Legal Practitioner’s Disciplinary Tribunal, the Legal Practitioner’s Conduct Commissioner, the Supreme Court, or a regulatory body of another State.

On 1 April 2021 changes to the 2018 LPEAC Rules were implemented which introduced requirements for the completion of an Accredited Law Practice Management Course (ALPMC) for current and prospective Category A and B practising certificate holders.

To access the current LPEAC Rules please, click here.

LPEAC Rule 12(3) provides that a practitioner will be entitled to hold a Category A or B practising certificate on satisfying the Board of Examiners that he or she has completed supervised practice pursuant to Rule 11 and completed an ALPMC.

ALPMC means a Law Practice Management Course that has been accredited by LPEAC.

Category A and B practising certificates are “principal” practising certificates. You must hold a Category A or B practising certificate before you are able to practise as a principal of a law practice (unless you practise solely as a barrister in which case you can hold a Category BA practising certificate which does not attract the requirement to complete ALPMC).

A principal of a law practice is a legal practitioner who practises as a sole practitioner or a partner of a law practice or partnership of incorporated legal practices, or director of an incorporated legal practice.

Law practice means—

(a)     a legal practitioner who is a sole practitioner; or

(b)     a firm of—

(i)     legal practitioners;

(ii)     incorporated legal practices; or

(iii)     legal practitioners and incorporated legal practices; or or

(c)     an incorporated legal practice that practises on its own account; or

(d)     a community legal centre.

Holders of Category C restricted and unrestricted practising certificates can practise as employees and do not have to compete ALPMC.

Part 3 of Division 2B of the Legal Practitioners Act 1981 (Act) imposes certain disclosure requirements on practitioners holding or applying for practising certificates who experience a show cause event.

The Act defines show cause event as follows:

show cause event, in relation to a person, means the person—

(a)     becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or

(b)     presenting (as a debtor) a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor's petition or presenting (as a debtor) such a petition under section 55 of that Act; or

(c)     applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or

(d)     being convicted of a serious offence or a tax offence, whether or not—

(i)     the offence was committed in or outside this State; or

(ii)     the offence was committed while the person was practising the law as a legal practitioner; or

(iii)     other persons are prohibited from disclosing the identity of the offender.

A practitioner who experiences a show cause event while holding a practising certificate is required to provide the Court with notice of that event, within 7 days of its occurrence, and a statement within 28 days as to their fitness to practise despite the occurrence of the event (see section 20AH of the Act). The practitioner is permitted to continue to practise in accordance with the terms of their current practising certificate until and unless an order is made by the Court to the contrary.

Sections 20AG and 20AH also require the practitioner to serve copies of their 20AG/AH statement and 20AH notice (if applicable) to the Law Society and the Legal Profession Conduct Commissioner (Commissioner) both of which are entitled to appear and make submissions to the Court on the matter.

Division 3 of Part 6 of the Supreme Court Civil Rules 2006 details what is required for the purpose of a 20AG/AH statement and 20AH notice in terms of content and format (see Rules 390 to 393). Rules 307, 308 and 309 of the Supreme Court Civil Supplementary Rules 2014 require that the notice and statements required by sections 20AG and 20 AH are to use Form 33.

If it decides that the practitioner has failed to show that they are fit to hold a practising certificate, the Court has the power to refuse to issue or renew, or may amend, suspend or cancel, a practising certificate (see section 20AI of the Act).

All practitioners admitted in South Australia are subject to the requirement that they complete at least 2 years of full-time (or PT equivalent) of supervised practice before being entitled to practise without supervision. The requirements for supervised practice are provided for by the 2018 Rules of the Legal Practitioners Education and Admission Council (2018 LPEAC Rules) which are published by the Courts Administration Authority here.

Requirements for supervised practice

Please click here to download the LPEAC Requirements for Supervised Practice.

Authorisation of compliant remote supervision arrangements

From 7 March 2023 changes to Rule 5 of the 2018 LPEAC Rules will be implemented. The insertion of a new Rule 5(2) provides clarification of when prior consent from the Board is required for supervised practice arrangements involving remote supervision.

A supervision arrangement involving elements of remote supervision which falls within the ambit of LPEAC Rule 5(2) must be approved by the Board of Examiners prior to commencement. The Remote Supervision Application Form template is contained in Annexure 1 of the LPEAC Requirements for Supervised Practice (click here to access).

Please email your completed form to the Society at ethicsandpractice@lawsocietysa.asn.au. Your application will be placed before the Board of Examiners at the next available meeting. Please click here to see when the Board meets, noting the application cut-off dates to apply.

Enforced remote supervision due to COVID-19 Restrictions

Please click here to access LPEAC’s requirements for the remote supervision of practitioners caused by enforced Covid-19 work attendance restrictions.

Please click here to download a suggested Remote Supervision Diary Template.

Applying to have the Supervised Practice Requirement lifted

Practitioners applying for the lifting of supervised practice restrictions are required to file with the Society a properly executed statutory declaration by email to ethicsandpractice@lawsocietysa.asn.au.

You will need to complete and submit a BOE Form 1 if you have not completed any periods of supervised practice as a judge’s associate.

You will need to complete and submit a BOE Form 2 if you have completed periods of supervised practice as a judge’s associate.

You must annex the following documents to your statutory declaration:

• Employer/Supervisor Letter in relation to all employment as a legal practitioner while holding a restricted practising certificate.
• Part-time Supervision Calculator (see below for information) if you have had periods of part-time employment in supervised practice.
• COVID-19 Remote Supervision Diary if you have had periods of enforced remote supervision due to COVID.
• Remote Supervision Application Form if you have approval from the Board of Examiners for remote supervision arrangements pursuant to LPEAC Rule 5(2) and clause 4 and Annexure A of the LPEAC Requirements for Supervised Practice.
• If you have approval from the Board of Examiners for a non-compliant supervision arrangement (other than for remote supervision arrangements falling within LPEAC Rule 5(2) and clause 4 and Annexure A of the LPEAC Requirements for Supervised Practice) please include your original application and the letter issued from the Board approving the arrangement. Please see below for more information.

Category D PC holders (Volunteers)

Rule 11(a) of the 2018 LPEAC Rules provides that the work as a volunteer practitioner does not exceed more than 3 months (in total) (full-time equivalent) towards the 2 years of supervised practice. Unless the Board of Examiners exercises its discretion pursuant to Rule 11(2)(b) to extend the period as a volunteer practitioner to a maximum of 6 months.

Part-Time Employment

Practitioners subject to the supervised practice restriction who have had periods of part-time employment as a legal practitioner are required to provide a completed Part-Time Supervision Calculator in their application to have the supervision restrictions lifted.

Please note that any full time periods of supervised practice must be calculated on the basis of 38 hours per week (7.6 hours per day).

Statutory sick/carer's/annual leave periods can be included in the total calculation. Any other form of leave such as parental, Defence Force, long service leave or other leave of absence, cannot be included.

Authorisation of Non-Compliant Supervision Arrangements

If you are contemplating engaging in a supervision arrangement which does not comply with the relevant provisions of the 2018 LPEAC Rules, you and your employer/supervisor must apply to the Board of Examiners for authorisation of the arrangement prior to its commencement.

The application can be in the form of a letter to the Board from you which sets out all the details of the proposed arrangement and which annexes written confirmation from your employer/supervisor that the version of the arrangement you have provided is correct.

The more details you can provide about the non-compliant components of the arrangement, and the reason why they are considered necessary and there are no other viable options, the better.

Non-compliant supervision arrangements that do not include periods of “in person” supervision are unlikely to be approved.

Applicants must have regard to and reference the LPEAC Requirements for Supervised Practice in their application.

For practitioners wishing to obtain Practitioner Security Passes for the courts, please contact Mobile ID Cards on 8285 8118 or via email: mobile@idcards.com.au

Section 21(3a) of the Legal Practitioners Act 1981 provides that a person providing legal advice or legal services relating to the law of a place outside Australia will not be taken to be practising the profession of the law by providing that advice or service. This means that a person who only provides legal advice or legal services relating to the law of a place outside Australia is not required to hold a practising certificate If you think you may fall into this category, please contact the Ethics and Practice Unit at ethicsandpractice@lawsocietysa.asn.au or (08) 8229 0200 to obtain advice on the matter.