New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 47

47 Conditions--categories of practice and trust money

(1) An Australian practising certificate granted in this jurisdiction is subject to the condition, as determined by the designated local regulatory authority, that the holder is authorised to engage in legal practice--

(a) in one or more of the following categories--

(i) as a principal of a law practice;

(ii) as an employee of a law practice;

(iii) as a corporate legal practitioner;

(iv) as a government legal practitioner; or

(b) as or in the manner of a barrister only; or

(c) both as a volunteer at a community legal service and otherwise on a pro bono basis, only.

(2) An Australian practising certificate granted in this jurisdiction is subject to a condition, as determined by the designated local regulatory authority, that the holder is authorised or not authorised to receive trust money.

(3) An Australian practising certificate authorising the holder to engage in legal practice as a principal also authorises the holder to engage in legal practice as an employee of a law practice or a corporate legal practitioner or government legal practitioner.

(4) Until the Australian practising certificate concerned is renewed, and subject to any relevant conditions--

(a) an Australian practising certificate authorising the holder to engage in legal practice as an employee of a law practice also authorises the holder to engage in legal practice as a corporate legal practitioner or government legal practitioner; and

(b) an Australian practising certificate authorising the holder to engage in legal practice as a corporate legal practitioner also authorises the holder to engage in legal practice as a government legal practitioner; and

(c) an Australian practising certificate authorising the holder to engage in legal practice as a government legal practitioner also authorises the holder to engage in legal practice as a corporate legal practitioner.

(5) An Australian practising certificate that is subject to a condition that the holder is authorised to engage in legal practice as set out in subsection (1)(a) or (b) also authorises the holder to engage in legal practice as a volunteer at a community legal service, or otherwise on a pro bono basis.

Note: Discretionary conditions imposed by the designated local regulatory authority under section 53 may prohibit, restrict or regulate the provision of legal services by an Australian legal practitioner at community legal services or otherwise on a pro bono basis.

(6) An Australian practising certificate also authorises the holder to supervise legal practice by others. This does not apply--

(a) if the certificate is subject to a statutory or discretionary condition that the holder must engage in supervised legal practice only; or

(b) to the extent that the certificate is subject to a discretionary condition to the effect that the holder may not supervise legal practice by others.

Note: Section 211 provides that an Australian legal practitioner must not engage in legal practice in this jurisdiction unless the practitioner holds or is covered by a complying policy of professional indemnity insurance.