Application for issue of

a Restricted Practising Certificate

for an In-House Lawyer

THIS IS AN APPLICATION FOR AN A.C.T.  PRACTISING CERTIFICATE AS A SOLICITOR BY:

(Print your full name in block letters)

FOR THE YEAR ENDING 30 JUNE 2015

Please tick the box indicating whether you are in category A, B or C.

□ A:  Application for the RENEWAL of an ACT Restricted Practising Certificate 

If you currently hold an ACT restricted practising certificate or have held an ACT restricted practising certificate within the last 5 years, and you would like to hold a restricted practising certificate entitling you to practise as an in-house lawyer for the year ending
30 June 2015, complete Parts 1 and 2.

□ B:  Application for a FIRST ACT Restricted Practising Certificate

If you have not previously held an ACT restricted practising certificate and would like to hold a restricted practising certificate entitling you to practise as an in-house lawyer for the year ending 30 June 2015, complete Parts 1 and 3.

□ C:  Application for an ACT Restricted Practising Certificate if your previous ACT Restricted
 Practising Certificate EXPIRED 5 years ago or longer.

If you held an ACT restricted practising certificate that expired 5 years ago or longer and you would like to hold a restricted practising certificate entitling you to practise as an in-house lawyer for the year ending 30 June 2015, complete Parts 1 and 3.
	
	the law society of the australian capital territory	a member of the law council of Australia
     third floor	11 london circuit  	canberra  act  2601
	gpo box 1562	canberra  act  2601
		dx 5623 canberra
telephone 02 6247 5700	facsimile  02 6247 3754
                   register@actlawsociety.asn.au   www.actlawsociety.asn.au

Approved form AF2014- 35- Application for issue of a restricted practising certificate – in-house - Legal
Profession Act 2006 section 587(1), for the purposes of section 42(1)(b).

Note:  unless otherwise specified, section numbers refer to the Legal Profession Act 2006 and Legal Profession Regulation 2007.

PART 1 – ALL APPLICANTS TO COMPLETE

	

   Member ID:  

Full name (please print)

Title

1. I, 

of (residential address):

Suburb							State			Postcode 

Phone No: (BH)                             (AH)                             (Mobile) 

Email: (Work)                                                                     

Email: (Home) 

Postal address (if differs from residential/office address): 

apply for the issue of a Restricted Practising Certificate under the Legal Profession Act 2006 authorising me to engage in legal practice for the year ending 30 June 2015.

2.	I am admitted as an Australian lawyer (ss 7 and 41(1)).

3.	It is a condition of this practising certificate that I will not practise as a principal (s 47).

4.	If I am successful in this application, I will not hold a practising certificate in another State or Territory from the time I am granted this certificate until this certificate expires or is surrendered (ss 35(3)).

5.	I practise / will practise as an employee of: 

The physical address(es) at which I practise / will practise principally is / are 

The postal address (if different) is  …………………………………………………………

………………………………………………………                    DX                                           

CONDITION REGARDING IN-HOUSE PRACTISE

6.	I do not intend to and will not engage in legal practice otherwise than:

	(i) as an in-house lawyer providing in-house legal services to a corporation that is not an incorporated legal practice; and/or

(ii) for the ACT Law Society’s Legal Advice Bureau; and/or
	
	(iii) as a volunteer for any “complying community legal centre” as defined in s 208; and/or

	(iv) in any other capacity that is specifically approved by the ACT Law Society.

	I understand that it is a condition of this practising certificate that I practise only in the capacities stated at (i) to (iv) (s 47).

OTHER NOTIFIABLE INFORMATION

7.	I understand that it is a condition of this practising certificate that I must notify the ACT Law Society as soon as is reasonably practicable every time my practice details change (s 47).

8. 	I understand that it is a condition of this practising certificate that I will not, at any time during the year ending 30 June 2014, receive or hold trust money or controlled money (s 47).

9.	I understand that I must notify the ACT Law Society in writing within 7 days if I am charged with a “serious offence” (defined in the Dictionary to the Act) or if I am convicted of any offence that would require disclosure under the admission rules in relation to an application for admission to the legal profession under the Act. (s 51)

10.	I understand that I must attach to this application a written statement about any “show-cause events” (defined in the Dictionary to the Act) that have occurred in relation to me since my admission to the legal profession and that have not been previously notified to the ACT Law Society. The written statement must explain why, despite the show-cause event or events, I consider myself to be a fit and proper person to hold a practising certificate (s 60).  Should a “show-cause event” occur while I am holding this practising certificate, I must give the ACT Law Society written notice within 7 days of the event and further information within 28 days (s 61).

11.	I understand that the ACT Law Society cannot grant me a practising certificate unless satisfied that I am a ‘fit and proper person’ to hold the certificate (ss 44(3) and (4)).  Sections 11 and 36 contain criteria that are relevant to whether a person is a ‘fit and proper person’. 

	(a)  This application form contains all relevant information as to whether I am a ‘fit and proper
	person’;
	
	OR

	(b)  I have attached a statement containing all additional relevant information.

12.    	I understand that it is a condition of this practising certificate that I must complete 10 CPD units between 1 April 2014 and 31 March 2015.

Note: if this practising certificate is issued part-way through the CPD year, your CPD obligations will be pro-rated (unless, immediately prior to this issue of this practising certificate, you held a practising certificate in another Australian jurisdiction, in which case you will be expected to complete 10 CPD units). 

Note: you must keep your own CPD records and supporting documentation in case of audit.

PART 2 – RENEWAL APPLICANTS ONLY TO COMPLETE

	

13.	I currently hold, or within the last five years held, an ACT restricted practising certificate issued by the ACT Law Society.                    (applicant to initial).

14.   (a) I have fulfilled the minimum CPD requirements for the 2013 – 2014 CPD year. 
					(applicant to initial)
		OR

	   (b) I have not fulfilled the minimum CPD requirements for the 2013 – 2014 CPD year. 
					(applicant to initial)

Note: if you were required to complete fewer than 10 CPD units (either pursuant to an exemption granted by the ACT Law Society or because your current practising certificate was issued part-way through the CPD year) and you have completed those units, you are still deemed to have fulfilled the requirements. If you were granted an extension of time and have now completed your required CPD you have also fulfilled the requirements.

Note: if you have not fulfilled your minimum CPD requirements you must complete an application for exemption or extension of time. 

Note: you must keep your own CPD records and supporting documentation in case of audit.

PART 3 – PLEASE COMPLETE IF THIS IS YOUR FIRST ACT RESTRICTED PRACTISING
                  CERTIFICATE OR IF YOUR PREVIOUS ACT RESTRICTED PRACTISING 
                  CERTIFICATE EXPIRED FIVE YEARS AGO OR LONGER

	

Insert category

14. 	(a)	I currently hold a                                             practising certificate issued by

		                                                                Unless issued by the ACT Law Society, you must 
		attach a copy; 

	OR

(b)  I do not currently hold a practising certificate.  I was originally admitted as a                           

	of the Supreme Court of                                                                        on                              ,

Roll No:                              (Please attach a copy of your Admission Certificate)

15. 	I previously held an ACT practising certificate from                             until                             
	(Please complete only if you have previously held an ACT practising certificate).

16.	Optional: I identify as Aboriginal or Torres Strait Islander.	□

	I declare that the information contained in or with this application is true and correct and that I have not omitted any relevant information.		□

Applicant’s Signature:  …………………………………………………	Dated:  ……………………………