Practising Certificate Conditions

A practitioner who is granted a practising certificate by the Law Society of Tasmania is subject to statutory conditions of practice and conditions imposed by the Council of the Society on their practising certificate.  The standard practising certificate conditions imposed by the Society for each class of practising certificate are listed below.

 

Principal Practitioner

  1. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  2. The certificate will cease to be of any effect if the holder fails to pay any payment due for professional indemnity insurance by the date due for payment.
  3. The holder of this certificate will notify the Society within 14 days of any cessation of employment, change of firm or change of residential address.

Employed Practitioner

  1. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  2. The holder of this certificate is not entitled to, and must not, practise as a legal practitioner either as a sole practitioner or in partnership with any other legal practitioner or as a director of an incorporated legal practice.
  3. The certificate will cease to be of any effect if the holder fails to pay any payment due for professional indemnity insurance by the date due for payment.
  4. The holder of this certificate will notify the Society within 14 days of any cessation of employment, change of firm or change of residential address.

Community Legal Centre Practitioners

  1. The holder of this certificate is to act only for clients of a Community Legal Centre.
  2. The holder of this certificate must have professional indemnity insurance pursuant to a policy approved by the Law Society.
  3. The holder of this certificate is not to receive or hold any money of any client.
  4. The holder of this certificate is not to recover costs for the Community Legal Centre from any client or from any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client.  Any disbursements, professional fees or charges so received shall immediately be paid to the credit of the Community Legal Centre.
  5. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  6. The holder of this certificate will notify the Society within 14 days of any cessation of employment or change of employer.

 Barrister

  1. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  2. The holder of this certificate must hold professional indemnity insurance that complies with the Legal Profession Act 2007
  3. The certificate will cease to be of any effect if the holder fails to pay any payment due for professional indemnity insurance by the date due for payment.
  4. The holder of this certificate will notify the Society within 14 days of any change of practice address or change of residential address.

Corporate Practitioner

  1. The holder of this certificate must be employed by a corporation, association or other entity that is not a law practice as defined in the Legal Profession Act
  2. The holder of this certificate must not engage in legal practice otherwise than by providing in-house legal services to the corporation by which the holder is employed.
  3. The holder of this certificate cannot be a director of an incorporated legal practice, a partner of a legal firm or a legal practitioner in private legal practice.
  4. The holder of this certificate cannot hold trust monies.
  5. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  6. The holder of this certificate will notify the Society within 14 days of any cessation of employment or change of employer.

Locum Practitioner

  1. This certificate is valid for practice as a locum practitioner only.
  2. The holder of this certificate is not entitled to, and must not, practise as a legal practitioner either as a sole practitioner or in partnership with any other legal practitioner or as a director of an incorporated legal practice.
  3. The certificate will cease to be of any effect if the holder of this certificate fails to pay any payment due for professional indemnity insurance by the date due for payment.
  4. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.
  5. The holder of this certificate will notify the Society within 14 days of any change of residential address.

Volunteer Practitioner

  1. This certificate entitles the practitioner to engage in legal practise only as a  volunteer at a complying community legal centre
  2. Whilst acting in a voluntary capacity the practitioner:
    1. Is to act only for clients of a complying community legal centre
    2. Must have professional indemnity insurance pursuant to a policy approved by the Law Society
    3. Is not to receive or hold any money for any client
    4. The practitioner is not to recover costs for the community legal centre from any client or from any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges so received shall immediately be paid to the credit of the community legal centre
  3. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.

 

Additional Conditions

Any additional conditions are listed in the practitioners individual entry on the online register of practising certificates