Government Lawyers
Transitional Exemption
Requirement to hold a practising certificate by 1 July 2017
Which of the following categories best describes your circumstances?
Category 1
(a) You were not admitted as an Australian lawyer as at 1 July 2015; AND
(b) you became a government lawyer in the 12 months before 1 July 2015.
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You are permanently exempt from the requirement to
(a) be admitted; and
(b) to hold a practising certificate while you continue to be employed as a government lawyer.
What do you need to do?
Until you cease to be employed as a government lawyer – no further action is required by you.
Category 2
(a) You were not admitted as an Australian lawyer when you became a government lawyer; AND
(b) you became a government lawyer after 1 July 2015.
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You must hold a practising certificate from 1 July 2018.
What do you need to do?
You must give notice to the Legal Profession Admission Board.
Category 3
If you were (a) employed as a government lawyer but (b) you are not a person to whom category 1 or 2 applies you will need a practising certificate from 1 July 2017.
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What do you need to do?
Step 1: You must give notice to the Law Society Council that you are relying on an exemption under clauses 19-22 of the Legal Profession Uniform Law Application Regulation 2015 for the purposes of practising as a government lawyer. You can access the Notice form here.
Step 2: You must apply for a 2017 - 18 practising certificate. The application form can be found here.
To ensure you are entitled to practise from 1 July 2017 please lodge your application on or before 30 May 2017 to allow time for processing.
Please note it is a statutory condition of all practising certificates that the holder must, in this jurisdiction engage in supervised legal practice (SLP) only, until the holder has completed the period of supervised legal practice required unless otherwise exempted.
Your particular circumstances may entitle you to be granted a reduction of, or an exemption from, the SLP requirements as at 1 July 2017 depending upon the nature and length of your legal experience to date.
You may be able to:
(a) Claim your period of SLP; and/or
(b) Claim a period of legal practice as a government lawyer before 1 July 2015 or under the transitional exemption provisions; or
(c) Make an application, in writing, to the Licensing Committee to reduce the period of Supervised Legal Practice or grant you an exemption. Please ensure that your application addresses the length and nature of your legal practice to date, your current role and whether you intend to remain in your current role.