Policy on Applications for Barrister Practising Certificates

1. The Society will not issue a barrister practising certificate unless the applicant has completed a period of supervised legal practice in accordance with either s59(1)(a) or (b) of the Legal Profession Act 2007 or the Society has granted the applicant an exemption under s59(3).

2. In cases where the applicant has not completed a period of supervised legal practice in accordance with either s59(1)(a) or (b) of the Legal Profession Act 2007, the Society will in exceptional circumstances but not otherwise, grant an exemption pursuant to s59(3) from the statutory condition to engage in supervised legal practice only.

3. The Society recognises that pursuant to Rule 6(1) of the Legal Profession Act (Barristers) Rules 2016 a barrister must serve pupillage in accordance with the pupillage rules unless –

(a) he or she has previously served pupillage in Tasmania; or

(b) he or she is an Australian lawyer of not less than ten years standing as an Australian legal practitioner; or

(c) The Bar Council is satisfied he or she has relevant experience that is equivalent to the experience specified in paragraph (a) or (b).

4. In the case of practitioners not required to undertake pupillage under the Bar Rules, the Society may impose practising certificate conditions including supervision, mentorship or a period of pupillage.

5. Where a period of pupillage is considered appropriate the pupillage provisions of the Legal Profession (Barristers) Rules 2016 may be imposed with necessary modifications.

Endorsed by the Council of the Law Society of Tasmania on 25 March 2019

Download the policy here.