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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 47
Conditions--categories of practice and trust money
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.
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