New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 215

215 Exemptions

(1) An Australian legal practitioner is exempt from the requirement to hold or be covered by an approved insurance policy for this jurisdiction if--

(a) the home jurisdiction of the practitioner is another jurisdiction; and

(b) the practitioner holds or is covered by an approved insurance policy for that other jurisdiction and that policy covers legal practice in this jurisdiction.

Note: The Uniform Rules may provide that professional indemnity insurance must provide indemnity for the private legal practice of the insured in relation to the provision of legal services within Australia.

(2) The designated local regulatory authority may exempt an Australian legal practitioner from the requirement to obtain an approved insurance policy for this jurisdiction if--

(a) the home jurisdiction of the practitioner is this jurisdiction; and

(b) the practitioner is a legal practitioner associate of a law practice that--

(i) maintains a permanent office in this jurisdiction and only one other jurisdiction; and

(ii) has at least one principal whose home jurisdiction is that other jurisdiction and who engages solely or principally in legal practice at that permanent office; and

(c) the practitioner is covered by an approved insurance policy for that other jurisdiction and that policy covers legal practice in this jurisdiction.

(3) An Australian legal practitioner is exempt from the requirement to hold or be covered by an approved insurance policy for this jurisdiction if--

(a) the home jurisdiction of the practitioner is this jurisdiction; and

(b) the practitioner is a legal practitioner associate of a law practice that--

(i) maintains a permanent office in this jurisdiction and at least 2 other jurisdictions; and

(ii) has at least one principal in each of those other jurisdictions who engages solely or principally in legal practice at the permanent office in that other jurisdiction; and

(c) the Australian legal practitioner is covered by an approved insurance policy for one of the other jurisdictions to which paragraph (b) refers and that policy covers legal practice in this jurisdiction.

(4) The designated local regulatory authority may exempt an incorporated legal practice from the requirement to obtain an approved insurance policy for this jurisdiction if the practice--

(a) maintains a permanent office in this jurisdiction and only one other jurisdiction; and

(b) is covered by an approved insurance policy for that other jurisdiction and that policy covers legal practice in this jurisdiction.

(5) An incorporated legal practice is exempt from the requirement to obtain an approved insurance policy for this jurisdiction if the practice--

(a) maintains a permanent office in this jurisdiction and at least 2 other jurisdictions; and

(b) is covered by an approved insurance policy for one of the other jurisdictions to which paragraph (a) refers and that policy covers legal practice in this jurisdiction.

(6) The designated local regulatory authority may exempt a specified Australian legal practitioner from the requirement to hold or be covered by an approved insurance policy on any grounds that the designated local regulatory authority considers sufficient and may, as a condition of exemption, impose a discretionary condition on his or her Australian practising certificate limiting the scope of legal services that may be provided by the holder of that certificate.

(7) An exemption under subsection (6) can operate only in respect of periods commencing when or after the exemption is granted.

(8) The Uniform Rules may provide for other exemptions from the requirement to hold or be covered by an approved insurance policy, and (without limitation) an exemption may--

(a) apply to classes of Australian legal practitioners, classes of incorporated legal practices and classes of community legal services; and

(b) as a condition of exemption applying to or in respect of an Australian legal practitioner, impose or provide for imposing a discretionary condition (on an Australian practising certificate granted in a participating jurisdiction) limiting the scope of legal services that may be provided by the holder of that certificate.