These rules set out how barristers in Tasmania are regulated for pupillage and local practice. Mechanically they adopt the Australian Bar Association model barrister rules (with local modifications) and require a 24‑month pupillage, two approved masters, specified court‑attendance hours, monthly and quarterly reporting, and registration on a Pupillage and Barristers List. The Bar Council decides approvals, can increase required hours (subject to review), and keeps records. Pupils and masters bear the compliance and reporting duties; information about pupils may be shared with the Law Society and Board.
These rules, titled the Legal Profession (Barristers) Rules 2016, set out the local regulatory framework for barrister pupillage and certain administrative arrangements for barristers in Tasmania. They commenced on 1 October 2016 (rules 1 and 2). Mechanically the instrument does the following.
Adopts the Australian Bar Association model rules as part of the local rules, subject to the local modifications in Schedule 1 (rule 5; Schedule 1). That means the model rules and their future amendments are imported into this instrument except where Schedule 1 provides a specific local change.
Establishes a compulsory 24-month pupillage for new entrants to practice as a barrister in Tasmania, with commencement of pupillage linked to the grant of a local barrister's practising certificate (rule 6(2)-(3)).
Prescribes the composition and approval of supervision: each pupil must have two masters, one senior (a senior barrister) and one junior (a junior barrister), each approved by the Bar Council; the Bar Council must keep a Pupillage Register recording pupils and their masters (rules 7(1)-(6), 8(1)-(2)).
Imposes express duties on pupils and masters about meetings, record-keeping, minimum court-orientated hours, restrictions on practice outside Tasmania, limits on accepting briefs, and reporting to the Bar Council (rule 9). The Bar Council is given specific operational duties including approval of masters, keeping registers, and receiving periodic reports and certifications (rules 7, 8, 9(16)-(17), 10).
Creates a Barristers List maintained by the Bar Council and requires persons holding, or ceasing to hold, a barrister's practising certificate to cause their name to be placed on or removed from that list (rule 11).
Authorises information sharing among the Bar Council, the Law Society and the Board when the information about a pupil is relevant to the performance of statutory functions or powers under the Act, these rules or any other legal profession rules (rule 12).
Current sections
Direct links to the current provisions in Legal Profession (Barristers) Rules 2016.
barrister's practising certificate means a local practising certificate as a barrister (not as a barrister and solicitor);
court-orientated work means court attendances in a court or tribunal in Tasmania, as well as the conferences and other preparatory work required for such attendances;
junior barrister means a barrister of not less than 5 years' standing in practice;
master means a barrister who is mentoring and supervising a pupil;
model rules means the Australian Bar Association model rules developed by the Australian Bar Association –
(a) as made by the Legal Services Council on 26 May 2015 under section 419 of the Legal Profession Uniform Law, as set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria; and
(b) containing provisions designated as the Legal Profession Conduct Rules in respect of barristers under the Legal Profession Uniform Law, as applied in New South Wales under the Legal Profession Uniform Conduct (Barristers) Rules 2015 of that State;
nominal period, of pupillage, means 24 months;
notify means give notice in writing;
practice means practice as a barrister;
pupil means a local legal practitioner who is –
(a) entitled to engage in legal practice only as or in the manner of a barrister; and
(b) serving a period of pupillage as provided by Part 2 ;
Pupillage Register means the register kept under rule 8 ;
senior barrister means –
(a) a Senior Counsel; or
(b) a barrister of not less than 10 years' standing in practice;
Senior Counsel means a barrister who is a Senior Counsel or Queen's Counsel appointed as, and in accordance with the protocol for the appointment of, such counsel applying in this jurisdiction.
4
Timing of actions
4 Timing of actions
Where these rules require a person to take an action consequent on some occurrence then, unless the contrary intention appears, the person must take the action as soon as practicable after the occurrence.
5
Adoption of model rules
5 Adoption of model rules
The model rules as from time to time amended are adopted by and form part of these rules, with the modifications set out in Schedule 1 .
Part 2
Pupillage
Part 2 Pupillage
6
Pupillage requirements
6 Pupillage requirements
(1) A barrister who commences practice on or after the day on which these rules commence must serve pupillage in accordance with these 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 10 years' standing as an Australian legal practitioner; or
(c) the Bar Council is satisfied that he or she has relevant experience that is equivalent to the experience specified in paragraph (a) or (b) .
(2) Pupillage is to be of 24 months' duration.
(3) Pupillage commences on the day on which the pupil concerned is granted a barrister's practising certificate.
(4) The service of pupillage does not constitute supervised legal practice within the meaning of the Act.
(5) A pupil must not commence practice before –
(a) completing, to the satisfaction of the Bar Council, any exam that the Bar Council determines should be taken by the pupil; and
(b) arranging 2 masters in accordance with this Part; and
(c) arranging chambers in Tasmania, being the same chambers as those from which at least one of his or her masters practises; and
(d) being granted a barrister's practising certificate; and
(e) completing and signing the Pupillage Register.
(6) A pupil must not appear as a barrister before any court or tribunal outside Tasmania unless –
(a) led by one or both of his or her masters; or
(b) led by a senior barrister, or a junior barrister, approved by one or both of the pupil's masters; or
(c) he or she has the approval of the Bar Council to so appear.
(7) A pupil must practise as a barrister solely, or principally, in Tasmania.
7
Masters
7 Masters
(1) A pupil is required to have 2 masters as follows:
(a) a senior master, being a senior barrister;
(b) a junior master, being a junior barrister.
(2) A pupil must obtain the approval of the Bar Council to have a barrister act as either of his or her masters.
(3) A pupil may, with the approval of the Bar Council, change either or both of his or her masters.
(4) A request for an approval under subrule (3) is to be made by the pupil, in writing, either at his or her own instigation or that of the relevant master or, if applicable, both masters.
(5) A change of master does not affect the period of pupillage already completed by the pupil.
(6) A pupil is to arrange with the Bar Council for a change of master to be recorded in the Pupillage Register.
(7) A master is to –
(a) afford a pupil as much access to the master as is practicable to enable the pupil to obtain the assistance that the pupil reasonably requires; and
(b) whenever practicable, try to have his or her pupil devil for the master (being the assignation to the pupil of work on briefs held by the master).
(8) If a master knows or expects that he or she will not be accessible to a pupil for an extended period during pupillage, the master must arrange for the pupil to have access to another barrister qualified to act as an equivalent master during that extended period.
(9) A pupil must notify the Bar Council of any arrangement made under subrule (8) in respect of that pupil.
(10) In this rule –
extended period means a period exceeding 30 days.
8
Pupillage Register
8 Pupillage Register
(1) The Bar Council is to keep a register of pupils and their masters (Pupillage Register).
(2) A pupil must complete and sign the Pupillage Register before commencing practice.
9
Duties of pupils and masters
9 Duties of pupils and masters
(1) A pupil must, in the first 2 weeks of pupillage, meet with his or her masters to plan and commit to the pupillage (initial meeting).
(2) The initial meeting must be with both masters jointly but either or both of them may, if not able to be physically present, participate in the meeting by telephone, video conference or other electronic means of communication.
(3) Following the initial meeting, a pupil must, at least once a month, meet in person with at least one of his or her masters to review the pupil's progress at the Bar (monthly review).
(4) A pupil must, within 2 weeks of the initial meeting –
(a) notify the Bar Council that the initial meeting has been held; and
(b) give a copy of the notification to each master.
(5) A pupil who fails for any reason to comply with subrule (1) must –
(a) notify the Bar Council of the reasons for the failure and of when the initial meeting is expected to take place; and
(b) give a copy of the notification to each master.
(6) A pupil must, at a monthly review, inform the master conducting that review of –
(a) the work done by the pupil with each master in the preceding month (so as to reveal the pupil's understanding of that work); and
(b) the substance of any work done by the pupil and any difficulties encountered.
(7) Subrule (6) has effect subject to any conflict between the work of the pupil and that of either master.
(8) A pupil must –
(a) do such practical exercises, attend such lectures and seminars and participate in such exercises and activities as either master from time to time directs; and
(b) attend such advocacy courses and legal education events as the Bar Council from time to time directs.
(9) A pupil is not entitled to accept a brief directly from a prospective client unless the pupil has obtained the prior written approval of at least one master to so do.
(10) A pupil must, in the first 12 months of pupillage, do at least 80 hours of court-orientated work as follows:
(a) at least 40 hours of actual attendances in a Tasmanian court or tribunal with either master (or with another senior barrister, or junior barrister, approved by either master);
(b) at least 40 hours in the first 6 months of pupillage.
(11) A pupil must, in the second 12 months of pupillage, do a minimum of 40 hours of court-orientated work, at least 20 of which must comprise actual attendances in a Tasmanian court or tribunal.
(12) A senior master may, by notice to a pupil and the Bar Council given at any time during the period of pupillage, increase (by no more than a factor of 50%) the remaining hours of court-orientated work the pupil must do under subrule (10) or (11) .
(13) However, a senior master may only increase a pupil's remaining hours of court-orientated work if he or she reasonably determines, in consultation with the junior master, that the pupil needs more experience of that kind.
(14) A pupil may, in writing, request the Bar Council to review an increased work requirement imposed on the pupil under subrule (12) .
(15) On review, the Bar Council may affirm, vary or quash an increased work requirement imposed under subrule (12) , in which case it is to notify the pupil and senior master accordingly.
(16) A pupil must –
(a) keep a record of the hours that he or she spends in –
(i) the initial meeting; and
(ii) monthly reviews; and
(iii) court-orientated work; and
(iv) exercises, attendances and other activities under subrule (8) ; and
(b) give a copy of that record to the Bar Council –
(ii) at the conclusion of the nominal 24-month pupillage (or any extended period).
(17) A pupil must, at least once in every 3 month period of his or her pupillage, provide a report to the Bar Council on his or her progress at the Bar which includes –
(a) a copy of each monthly review held in that 3-month period in accordance with subrule (3) ; and
(b) a record of all things performed, attended, and participated in in accordance with subrule (8) ; and
(c) the record of hours kept under subrule (16) ; and
(d) such other information as the Bar Council from time to time directs.
(18) A master who reasonably determines that a pupil has failed without reasonable excuse to comply with these rules must –
(a) notify the Bar Council accordingly; and
(b) give a copy of that notification to the pupil.
10
Completion of pupillage
10 Completion of pupillage
(1) A pupil must, when the nominal period of pupillage expires –
(a) notify the Bar Council whether he or she has, to the best of the pupil's belief, undertaken the pupillage required by these rules; and
(b) give a copy of the notification to each of his or her masters and the Law Society.
(2) On receipt of a copied notification under subrule (1) , each master must –
(a) certify in writing to the Bar Council whether the pupil has, to the master's satisfaction, undertaken the pupillage required by these rules; and
(b) give a copy of the certification to the pupil.
(3) If the Bar Council is not satisfied that the pupil has completed the pupillage required by these rules, the Bar Council is to –
(a) notify the pupil in writing of this decision; and
(b) give a copy of the notification to each master of the pupil and the Law Society.
Part 3
Miscellaneous
Part 3 Miscellaneous
11
Barristers List
11 Barristers List
(1) The Bar Council is to keep a list of those persons who hold a barrister's practising certificate (Barristers List).
(2) A person who is granted a barrister's practising certificate must cause his or her name to be placed on the Barristers List.
(3) A person who ceases to hold a barrister's practising certificate, or whose barrister's practising certificate is suspended, must cause his or her name to be removed from the Barristers List.
12
Information sharing
12 Information sharing
The Bar Council, Law Society and the Board may disclose information obtained in respect of a pupil during his or her pupillage if the information is relevant to the performance of a function, or the exercise of a power, by the Bar Council, Law Society or Board, under the Act, these rules or any other legal profession rules.
(1) A reference in rule 6 of the model rules to "a participating jurisdiction" is taken to be a reference to "Tasmania".
(2) A reference in rule 6 of the model rules to "a non-participating jurisdiction" is taken to be a reference to "an Australian jurisdiction other than Tasmania".
2. Modification of rule 13 of the model rules
Rule 13(b), (c), (d), (e) and (f) of the model rules do not apply to a barrister acting as –
(a) an independent lawyer to represent a child's interests pursuant to an order made under section 68L of the Family Law Act 1975 of the Commonwealth; or
These rules are administered in the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These rules may be cited as the Legal Profession (Barristers) Rules 2016 .
2 Commencement
2 Commencement
These rules take effect on 1 October 2016.
3 Interpretation
3 Interpretation
In these rules –
Act means the Legal Profession Act 2007 ;
approve means approve in writing and approval has a corresponding meaning;
Bar means the Tasmanian Bar;
Bar Council means the Council of the Bar;
barrister – see section 4(1) of the Act;
barrister's practising certificate means a local practising certificate as a barrister (not as a barrister and solicitor);
court-orientated work means court attendances in a court or tribunal in Tasmania, as well as the conferences and other preparatory work required for such attendances;
junior barrister means a barrister of not less than 5 years' standing in practice;
master means a barrister who is mentoring and supervising a pupil;
model rules means the Australian Bar Association model rules developed by the Australian Bar Association –
(a) as made by the Legal Services Council on 26 May 2015 under section 419 of the Legal Profession Uniform Law, as set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria; and
Modifies selected provisions of the model rules by local insertions and carve-outs in Schedule 1, including treating Tasmania as the participating jurisdiction in certain model-rule references, excluding some parts of model rule 13 for particular child representation roles where legal aid is provided and no instructing solicitor is appointed, and amending the definition of “reader” in model rule 125 to include “pupil” (Schedule 1).
The text does not set out monetary fines or specific criminal offences within these rules. Enforcement and any sanctioning mechanisms are effected through administrative processes specified here, such as notifications, certifications and approval processes, and through the Bar Council’s oversight functions. The rules also state that pupillage, as defined here, does not constitute supervised legal practice for the purposes of the Act (rule 6(4)), which has direct consequences for how the status of pupils interacts with supervisor-based regulatory categories under the Act.
The instrument therefore creates an administrative and procedural regime for entry to barrister practice in Tasmania, establishes minimum experiential and supervisory obligations, channels record-keeping and reporting to the Bar Council, and embeds the model rules with local modifications. The rules also allow dynamic incorporation of future model-rule amendments, subject to the local modifications.
Main concepts
This instrument revolves around a small set of tightly defined concepts that determine regulatory duties, administrative obligations and scope of permitted conduct. The key concepts and their operational effect are the following.
Pupillage and nominal period. Pupillage means the 24-month period specified in rule 6(2), commencing on the day the pupil is granted a barrister's practising certificate (rule 6(3)). The rules define a “nominal period” as 24 months in rule 3. The rules require explicit certification and record-keeping at the end of that nominal period (rule 10), and provide for extensions and incremental requirements within the two-year framework (rule 9(12)-(15)).
Pupil and pupil status. A pupil is a local legal practitioner entitled to practice only as a barrister and who is serving pupillage in accordance with Part 2 (rule 3). The status carries specific restrictions: a pupil must practise solely, or principally, in Tasmania (rule 6(7)); may not accept a brief directly without prior written master approval (rule 9(9)); and is restricted in appearances outside Tasmania unless led or approved (rule 6(6)).
Masters and their roles. Each pupil must have two masters , a senior master (senior barrister) and a junior master (junior barrister) , and both must be approved by the Bar Council (rule 7(1)-(2)). Masters owe duties to provide practical access, to endeavour to allow the pupil to “devil” for the master, to arrange cover if unavailable for more than 30 days, and to certify completion of pupillage at its conclusion (rules 7(7)-(9), 10(2)). Senior masters may increase required court-orientated hours in certain circumstances and subject to procedural safeguards (rule 9(12)-(15)).
Court-orientated work and hourly minima. The rules set minimum quantitative experience thresholds: in the first 12 months a pupil must do at least 80 hours of court-orientated work, including at least 40 hours of actual court or tribunal attendances (rule 9(10)(a)-(b)); in the second 12 months at least 40 hours of such work with at least 20 actual attendances (rule 9(11)). A senior master may increase outstanding hours by up to 50% if the pupil needs more experience, after consultation, and the pupil may request Bar Council review (rule 9(12)-(15)).
Registers and reporting. The Bar Council must maintain a Pupillage Register (rule 8(1)). Pupils must complete and sign it before commencing practice (rule 8(2)). Pupils must hold an initial meeting with both masters within the first two weeks, then monthly in-person reviews with at least one master, and must provide a report to the Bar Council at least every three months that attaches monthly reviews, records of activities, and hour logs (rule 9(1)-(3), (16)-(17)).
Model rules adoption and local modifications. The model rules are adopted as part of these rules (rule 5). Schedule 1 modifies particular model-rule references and operative provisions: for example, treating Tasmania as the participating jurisdiction in model rule 6, excluding several parts of model rule 13 for certain child-representation roles when legal aid pays fees and no instructing solicitor is appointed, and amending the model-rule definition of reader to include pupils (Schedule 1(1)-(3)).
Administrative lists. The Bar Council maintains a Barristers List of those holding a barrister's practising certificate. Newly granted holders must have their name placed on the list and those who cease must cause removal (rule 11).
These concepts combine to create an experience-centred entry pathway to practice at the Bar, controlled through Bar Council approvals, reporting obligations, and quantifiable experiential minima. They also embed the model rules as the baseline conduct framework, subject to local tailoring.
Who it affects
This instrument allocates obligations and rights across a relatively small set of actors. Identify who pays, who decides and who must change behaviour.
Pupils. The primary burden falls on pupils , defined as local practitioners entitled to practise only as a barrister and serving pupillage (rule 3). Pupils must satisfy procedural prerequisites before commencing practice: complete any Bar Council-determined exam (rule 6(5)(a)); arrange two approved masters and chambers in Tasmania matching at least one master's chambers (rule 6(5)(b)-(c)); be granted a barrister's practising certificate (rule 6(5)(d)); and complete and sign the Pupillage Register (rule 6(5)(e), 8(2)). Once practising, pupils must attend an initial meeting within two weeks, hold monthly reviews, keep hourly records, meet court-attendance minima, refrain from accepting briefs directly without prior written master approval, and restrict their practice principally to Tasmania (rule 9). Pupils are also required to report progress to the Bar Council at least quarterly (rule 9(17)) and to notify the Bar Council when the nominal pupillage period expires with a statement as to whether they believe they have met the requirements (rule 10(1)).
Masters. Both senior and junior masters are regulators at the frontline of compliance. They must be approved by the Bar Council (rule 7(2)), provide access, give pupils opportunities to devil, arrange cover for extended absences, certify completion of pupillage, and notify the Bar Council if a pupil fails without reasonable excuse to comply with the rules (rules 7(7)-(9), 10(2), 9(18)). Senior masters have discretion to increase court-orientated hours subject to consultation with the junior master (rule 9(12)-(13)).
Bar Council. The Bar Council is the central decision-maker and administrator. It approves masters (rule 7(2)), maintains the Pupillage Register and the Barristers List (rules 8 and 11), receives and may review increased hour requirements (rule 9(14)-(15)), receives quarterly reports and certifications (rules 9(17), 10(2)), and is the gatekeeper for entry insofar as pupillage commences on the day the barrister's practising certificate is granted and the pupil must complete prescribed requirements before commencing practice (rule 6(3)-(5)). The Bar Council also participates in information sharing with the Law Society and the Board (rule 12).
Law Society and Board. These organisations are recipients of information under rule 12 where information is relevant to functions or powers under the Act, these rules or other legal profession rules. Masters must also give copies of certain notifications to the Law Society (rule 10(1)(b), 10(3)(b)).
Tasmania Legal Aid. Schedule 1(2) affects Tasmania Legal Aid’s role in cases where its agreement to provide legal aid to cover a barrister’s fees and expenses allows certain model-rule obligations not to apply when a barrister acts as an independent lawyer representing a child (Schedule 1(2)(c)). That links Legal Aid’s decision-making to an exemption from parts of model rule 13.
Holders of barrister's practising certificates. Rule 11 imposes an administrative obligation to cause placement on or removal from the Barristers List on grant or cessation of a practising certificate.
Who pays is primarily pupils in time and opportunity cost, and masters in supervision time and potential duty load. The Bar Council bears the administrative and record-keeping costs. Solicitors and instructing clients are affected procedurally because pupils cannot accept briefs directly without master approval. The rules constrain geographic practice for pupils by requiring principal practice in Tasmania and limiting unsupervised foreign appearances, which affects mobility and how pupils can obtain external experience. Adoption of the model rules also imports obligations that affect all barristers, although those are not set out fully in this instrument beyond the local modifications.
Key duties and rights
The rules allocate explicit duties and prescribe particular procedural rights. Set out the chief operative duties and any affirmative rights created, with section pointers.
Duties of pupils
Pre-commencement duties: A pupil must not commence practice until satisfying several prerequisites: passing any Bar Council exam required (rule 6(5)(a)); arranging two masters approved by the Bar Council (rule 6(5)(b)); arranging chambers in Tasmania that are the same as those from which at least one master practises (rule 6(5)(c)); being granted a barrister's practising certificate (rule 6(5)(d)); and completing and signing the Pupillage Register (rule 6(5)(e); rule 8(2)).
Meeting and reporting duties: A pupil must, within the first two weeks, meet with both masters for an initial meeting (rule 9(1)-(2)); thereafter conduct at least monthly in-person reviews with at least one master (rule 9(3)); notify the Bar Council of the initial meeting within two weeks and give copies to masters (rule 9(4)); and report to the Bar Council at least once every three months with attached monthly reviews and records of hours and activities (rule 9(16)-(17)).
Record-keeping duties: Maintain a record of hours spent in initial meetings, monthly reviews, court-orientated work and other directed exercises, and provide that record as part of the three-monthly report and at conclusion (rule 9(16)(a)-(b), 9(17)(c)).
Experience minima and practice location: Perform minimum court-orientated hours , 80 hours in first 12 months with at least 40 actual court attendances (including at least 40 in the first 6 months), and a minimum of 40 hours in the second 12 months with at least 20 actual attendances (rule 9(10)-(11)). Practise solely, or principally, in Tasmania (rule 6(7)).
Restrictions on practice acts: A pupil is not entitled to accept a brief directly from a prospective client unless prior written approval of at least one master is obtained (rule 9(9)). A pupil may not appear outside Tasmania except when led by one or both masters, led by an approved senior or junior barrister, or with Bar Council approval (rule 6(6)).
Duties of masters
Approval and supervision: Masters must be approved by the Bar Council to act as such (rule 7(2)). They must provide pupils with practical access, endeavour to have the pupil devil for them, arrange for an equivalent master during extended absences exceeding 30 days, and notify the Bar Council of such arrangements (rule 7(7)-(9)).
Assessment and notifications: Masters must certify in writing whether the pupil has undertaken required pupillage at the nominal expiry (rule 10(2)). If a master reasonably determines that a pupil has unreasonably failed to comply with the rules, the master must notify the Bar Council and the pupil (rule 9(18)).
Duties of the Bar Council
Administrative and gatekeeping duties: Approve masters (rule 7(2)), keep the Pupillage Register and the Barristers List (rules 8 and 11), receive and act on initial meeting notifications, three-monthly reports and end-of-pupillage notifications (rules 9(4), 9(17), 10(1)-(3)). The Bar Council may review an increased work requirement imposed by a senior master and may affirm, vary or quash it, notifying pupil and senior master accordingly (rule 9(14)-(15)).
Information sharing: The Bar Council may disclose information obtained about a pupil to the Law Society and the Board where relevant to their functions or powers under the Act or other legal profession rules (rule 12).
Rights and procedural protections
Right of review: A pupil may request Bar Council review in writing of increases to required court-orientated hours imposed by a senior master (rule 9(14)).
Certification and notification rights: Pupils have a right to receive from each master, on completion, a written certification of whether the master is satisfied the pupil has completed required pupillage, and pupils receive copies of Bar Council notifications concerning completion status (rule 10(2)-(3)).
Approval controls: Pupils can seek changes of masters with Bar Council approval and must have written requests recorded (rules 7(3)-(6)).
Other operational rules
Timing rule: Where an action is required “consequent on some occurrence” the person must take the action “as soon as practicable” unless otherwise indicated (rule 4). That creates a general timing standard across the instrument.
Dynamic adoption: The model rules are adopted “as from time to time amended” (rule 5), meaning duties under these rules may change if the model rules change, subject to Schedule 1 modifications.
Overall, the rules create a mixture of prescriptive operational duties for pupils, supervisory obligations for masters, and administrative gatekeeping by the Bar Council. They provide a limited procedural right of review against increased hour requirements and specify certification and notification steps at key junctures.
Penalties and enforcement
The rules primarily establish administrative obligations, reporting and certification processes rather than specifying criminal or civil penalties. The text contains limited explicit enforcement provisions and relies on administrative channels. Key enforcement mechanics and gaps are as follows.
Administrative enforcement mechanics contained in the rules
Notification and certification. Masters must notify the Bar Council where a pupil has failed without reasonable excuse to comply (rule 9(18)). At the nominal expiry of pupillage, pupils must notify the Bar Council whether they believe they have completed required pupillage, masters must certify in writing whether satisfied, and the Bar Council must notify the pupil and other parties if it is not satisfied that the pupil has completed pupillage (rule 10(1)-(3)). These notifications create an administrative record that is a precondition for further action outside these rules.
Approval and gatekeeping by Bar Council. The Bar Council has approval powers (approving masters and recording changes, rule 7(2)-(6)), and a review power over increased required hours imposed by a senior master (rule 9(14)-(15)). These are procedural controls the Bar Council may exercise to regulate pupil progress.
Registers and lists. The Bar Council must keep a Pupillage Register and a Barristers List (rules 8(1) and 11(1)). The requirement for pupils to sign the Pupillage Register before commencing practice (rule 8(2)) gives the Bar Council a point at which it can monitor and potentially prevent commencement where requirements have not been met.
Constraints and absence of express sanctions in these rules
No explicit fines, suspension or other penalties are prescribed in this instrument. The rules do not enumerate fines, licence suspensions, or criminal offences for breaches of the pupillage duties themselves. Where the rules require notification to the Law Society and Board or empower the Bar Council to certify non-completion, they stop short of spelling out sanctions within the text provided.
Pupillage is expressly stated not to be supervised legal practice within the meaning of the Act (rule 6(4)). That is a substantive legal statement that may affect how the Act’s supervised-practice sanctions and containment mechanisms operate vis-à-vis pupils, because certain regulatory categories under the Act may not apply to a pupil’s status as defined here.
Remaining enforcement channels outside this instrument
The rules refer to the Act and to other legal-profession rules. Enforcement action, including professional discipline, suspension or removal of practising certificates, may be governed by the Act or by other rules referenced but not reproduced here (rule 3 defines the Act). This instrument does not itself set those sanctions, but creates records and notifications that would likely feed into any disciplinary or regulatory processes administered under the Act or by other statutory bodies.
Rule 12 authorises information sharing between the Bar Council, Law Society and the Board where information is relevant to their functions or powers under the Act, these rules or other legal profession rules. That authorised information flow increases the likelihood that evidence of non-compliance will be available to regulatory bodies with sanctioning power under other legislation or rules.
Practical enforcement implications and risks from the text
Enforcement under these rules therefore depends on the Bar Council’s administrative discretion and on external statutory sanctioning frameworks with authority under the Act or other instruments. Where non-compliance is identified, the rules build in notification and record-creation steps but do not specify remedies.
The lack of express penalties in the rules creates implementation risk if the Bar Council lacks clear upstream powers under the Act or other rules to impose remedial or punitive measures. The rules appear designed to make the Bar Council the central monitor and certifier and to ensure records are available to other bodies. Whether those bodies then take action is outside the text.
In sum, enforcement in these rules is predominantly administrative: approval, record keeping, notification, certification and Bar Council review. The rules do not themselves set out fines or explicit sanctions; they instead generate information and procedural checkpoints that feed into the broader regulatory architecture (the Act and other legal profession rules), which is the likely source of formal penalties.
How it interacts with other laws
The rules are framed as subsidiary, referencing and importing other instruments. Several explicit interactions are in the text and others follow by implication.
Direct textual references
The Act. Rule 3 defines “Act” as the Legal Profession Act 2007 and includes one precise substantive interaction: rule 6(4) states that service of pupillage does not constitute supervised legal practice within the meaning of the Act. That textual disconnection affects how pupillage is characterised under the Act’s regulatory categories and may change the applicability of any statutory provisions tied to “supervised legal practice”.
Model rules and the Legal Profession Uniform Law. Rule 5 adopts the “model rules” developed by the Australian Bar Association and made under the Legal Profession Uniform Law, as applied in other jurisdictions. The model rules adopted include provisions designated as the Legal Profession Conduct Rules for barristers. This adoption creates a direct pipeline between the Legal Profession Uniform Law framework and Tasmanian practice, subject to local modifications in Schedule 1. Because the model rules are imported “as from time to time amended” (rule 5), future amendments to the model rules will flow into the Tasmanian rules unless specifically excluded by Schedule 1. That creates a standing cross-jurisdictional linkage.
Family Law Act 1975 and Children, Young Persons and Their Families Act 1997. Schedule 1(2) refers to the Family Law Act 1975 (s 68L) and the Children, Young Persons and Their Families Act 1997 (s 59). It modifies the model rules so that certain model rule 13 parts do not apply where a barrister acts as an independent lawyer representing a child under those statutes, provided Tasmania Legal Aid has agreed to provide legal aid for the barrister’s fees and no instructing solicitor has been appointed. That creates a direct carve-out tied to legal-aid funding decisions and to the presence/absence of an instructing solicitor in family and child representation contexts.
Rules of Practice 1994. Schedule 2 makes consequential amendments to the Rules of Practice 1994 (rule 13 reference), although the actual textual amendments are not set out in full in the provided extract. The instrument therefore contemplates alignment with pre-existing local practice rules.
Legal Aid Commission Act 1990. Schedule 1(2)(c) cross-references the Legal Aid Commission Act 1990 insofar as legal aid is defined under that Act. The exemption in Schedule 1(2) for certain model rule obligations therefore depends on legal aid being provided within the meaning of that Act.
Operational interactions and regulatory consequences
By excluding pupillage from the Act’s “supervised legal practice” concept (rule 6(4)), the rules create an operational gap: pupils are regulated in a distinct regime here, but the Act’s supervised-practice rules will not apply. That means the mechanisms, sanctions and obligations that attach to “supervised legal practice” under the Act will not automatically apply to a pupil’s activities as defined in these rules. Any regulatory consequences therefore depend on other parts of the Act or on other instruments.
The dynamic adoption of the model rules creates ongoing regulatory dependency on interstate and national rule-making. Because the model rules adopted contain the Legal Profession Conduct Rules for barristers, conduct standards and many professional obligations in Tasmania are in practice those contained in the model rules, with the local modifications set out in Schedule 1. That can effect a de facto harmonisation of professional conduct standards with other jurisdictions that adopt the same model rules.
Information sharing in rule 12 explicitly links the Bar Council, Law Society and Board. That provides a legal basis for cross-institutional information flows necessary for enforcement, supervision, complaints handling, and disciplinary proceedings under the Act or other rules.
In short, these rules operate as part of a layered regulatory architecture. They both stand alone in creating local procedural requirements for pupillage and lean on the model rules and other statutes for conduct standards and potential sanctioning frameworks. The exclusion of pupillage from the Act’s supervised-practice category is a concrete statutory interaction that affects where enforcement power is exercised and under what statutory label.
Amendment history
The instrument contains explicit pointers to its origin, adoption process and at least one recorded amendment, together with a structural mechanism for future automatic incorporation of model-rule changes. The observable amendment history and change mechanisms are as follows.
Enactment and commencement. The rules were made by the Council of the Tasmanian Bar at a meeting on 8 September 2016 and were notified in the Gazette on 14 September 2016. They commenced on 1 October 2016 (rules 1-2 and the enacting recital at the end).
Dynamic adoption of model rules. Rule 5 adopts the model rules “as from time to time amended”, meaning future amendments to the model rules will become part of these local rules automatically unless displaced by a specific local modification in Schedule 1. That gives the instrument a mechanism for continuous updating without local amending instruments in every case.
Recorded amendment in Schedule 1. Schedule 1 contains a notation stating that item 2(c) was amended by No. 2 of 2022, Schedule 1, applied 18 March 2022. The text shows that rule 13(b)-(f) of the model rules is excluded for certain child representation if Tasmania Legal Aid has agreed to provide legal aid for the barrister’s fees and expenses, and the bracketed note records the 2022 amendment to Schedule 1. This shows at least one discrete local amendment has been made.
Consequential amendments. Schedule 2 is titled “Consequential Amendments” and references Rules of Practice 1994 (rule 13). The provided extract does not print the full consequential amendment text, but the presence of Schedule 2 indicates the instrument makes cross-references or changes to pre-existing local practice rules to maintain internal consistency.
Local modifications to specific model-rule provisions. Schedule 1 lists three numbered local modifications: treating Tasmania as the “participating jurisdiction” in rule 6 of the model rules, carving out parts of model rule 13 for certain child representation circumstances (Schedule 1(2)), and amending model rule 125 to include “pupil” in the definition of “reader” (Schedule 1(3)). These are part of the original instrument and have been altered at least once by the 2022 amendment noted above.
Implications of the amendment mechanisms
The adoption clause in rule 5 produces a stable but evolving legal text: obligations under the model rules can be imported without separate local drafting, unless specifically excluded or modified by Schedule 1. That reduces local drafting overhead but raises a compliance and monitoring task for Bar Council and practitioners to track model-rule changes interstate or nationally.
The 2022 amendment recorded in Schedule 1 shows that Schedule 1 itself is amendable and that local carve-outs have been used to adapt model rules to local funding arrangements (for example in legal aid contexts).
The provided text does not list any other amendments, repeals, or historical versions. For a full official amendment history and textual comparison, practitioners should consult the consolidated instrument as published in the Tasmanian statute or subordinate legislation register maintained by the relevant governmental department.
Litigation history
The instrument as provided contains no reported litigation history. There are no judicial decisions, appeals, or references to cases embedded in the text. The rules do not name any cases and do not record judicial interpretation or challenges.
Consequences and practical points from the absence of litigation history in the text
Because the rules are administrative and prescriptive and because they adopt the model rules, litigation about their meaning could arise (for example concerning the meaning of “as soon as practicable”, the scope of Bar Council discretion, or the effect of excluding pupillage from “supervised legal practice” under the Act). None of that litigation is recorded in the provided text.
Where disputes occur about the Bar Council’s exercise of approval or review powers, or about a master’s reasonable determination that a pupil has failed without reasonable excuse, remedies and judicial review would typically involve general public law principles and whatever appeal or review mechanisms exist under the Act or other relevant instruments. The rules themselves do not create a bespoke tribunal or appeal process.
Because the model rules are adopted and because they themselves may have produced litigation in other jurisdictions, there is potential for interstate precedent to be relevant in interpreting conduct rules imported here. However, no such precedent is cited or present in the instrument.
If you require authoritative decisions interpreting these rules or the adopted model rules as applied in Tasmania, a search of Tasmanian case law and tribunal decisions, and of decisions applying the corresponding model rules in other jurisdictions, will be necessary. The text supplied contains no such litigation references.
Gotchas
The rules contain several operational features that can catch practitioners, pupils and supervisors if they are not read closely. These are concrete mechanics and timing points that affect practical compliance.
Pupillage commences on grant of barrister's practising certificate. Rule 6(3) defines commencement of pupillage as the day the pupil is granted a barrister's practising certificate, but rule 6(5) lists that as a prerequisite to commencing practice (rule 6(5)(d)). Practically this means pupils must secure the practising certificate before pupillage begins and ensure the other preconditions in rule 6(5) are met before practising. Misreading the timing could lead to inadvertent practice before prerequisites are satisfied.
Pupillage is not “supervised legal practice” under the Act. Rule 6(4) expressly disclaims that pupillage constitutes supervised legal practice within the meaning of the Act. That affects regulatory characterisation and may alter the applicability of any Act-based protections, obligations or supervisory frameworks that hinge on the label “supervised legal practice.”
Chambers requirement may constrain seating choices. Rule 6(5)(c) requires pupils to arrange chambers in Tasmania being the same chambers as those from which at least one master practises. This is a practical constraint on where a pupil may seat and may affect career planning, shared-cost arrangements, or the ability to be based remotely.
Hard limits on direct briefs and out-of-state appearances. Pupils may not accept briefs directly without prior written approval of at least one master (rule 9(9)). For out-of-state appearances, pupils may not appear before a court or tribunal outside Tasmania unless led by a master, led by an approved senior/junior barrister, or approved by the Bar Council (rule 6(6)). These rules limit earning opportunities and reduce autonomy until masters and approvals are in place.
Prescriptive hourly minima and potential increases. The rules prescribe specific minimum hours (80 in the first year, 40 in the second) and allow a senior master to increase outstanding hours by up to 50% where the senior master reasonably determines more experience is required, after consulting the junior master (rule 9(10)-(13)). Pupils must track hours carefully. Also, a request for review must be made in writing and the Bar Council may affirm, vary or quash the increased requirement (rule 9(14)-(15)). Failure to maintain adequate records could jeopardise completion certification.
Stringent meeting and reporting cadence. Pupils must have an initial meeting within two weeks and monthly in-person reviews, and must provide a report to the Bar Council at least once every three months including copies of monthly reviews and hours records (rules 9(1)-(4), 9(16)-(17)). Non-compliance requires explanations and notifications and can trigger master notification to the Bar Council (rule 9(5), 9(18)). Practically, this imposes recurring administrative work on pupils and masters.
Information sharing. Rule 12 authorises disclosure of information obtained in respect of a pupil to the Law Society and the Board when relevant to their functions or powers. Pupils and masters should anticipate that Bar Council records and notifications can be shared with other regulatory bodies.
Dynamic importation of model-rule changes. Because rule 5 imports the model rules “as from time to time amended”, practitioners must monitor changes to the model rules elsewhere. A change in the model rules in another jurisdiction may alter obligations in Tasmania unless Schedule 1 excludes that particular provision.
Absence of internal sanctions in these rules. There are no monetary fines or explicit disciplinary steps provided within this instrument. Enforcement rests on Bar Council administration and connections to the Act and other rules. Parties should not assume immediate local monetary penalties flow from a breach of these rules alone.
Legal aid-triggered carve-outs. Schedule 1(2) exempts parts of model rule 13 for certain child representation when Tasmania Legal Aid agrees to pay the barrister’s fees and expenses and no instructing solicitor has been appointed. That means legal-aid coverage decisions, as recorded under the Legal Aid Commission Act 1990, directly affect which conduct rules apply.
Failing to note any of these mechanics can impede a pupil’s ability to meet certification requirements by the end of the nominal period, create conflicts about where a pupil may practise, or leave supervisors and pupils open to administrative escalation through Bar Council notifications.
How to comply
This section provides a practical compliance checklist and process notes mapped to the rules. It is source-grounded and set out as sequential actions and ongoing obligations.
Pre-commencement checklist (before practising or on the day of grant)
Secure a local barrister's practising certificate. Pupillage commences on the day the certificate is granted (rule 6(3)) and the certificate is an explicit precondition for commencing practice (rule 6(5)(d)).
Arrange two masters and obtain Bar Council approval for both. Pupils must have one senior master (senior barrister) and one junior master (junior barrister) and Bar Council approval is required for either to act as master (rule 7(1)-(2), rule 6(5)(b)). If changing masters later, obtain Bar Council approval and record the change (rule 7(3)-(6)).
Arrange chambers in Tasmania. Ensure chambers are “the same chambers as those from which at least one of [the] masters practises” (rule 6(5)(c)).
Complete examinations required by the Bar Council. The pupil must complete any Bar Council-determined exam before commencing practice (rule 6(5)(a)).
Complete and sign the Pupillage Register before commencing practice. The Bar Council must keep the register and pupils must sign it before beginning practice (rule 8(1)-(2)).
Initial and ongoing operational duties (first 2 weeks onwards)
Hold the initial meeting within two weeks. Meet with both masters jointly, or allow remote participation if necessary, to plan and commit to pupillage (rule 9(1)-(2)). Within two weeks notify the Bar Council that the initial meeting has been held and give a copy to each master (rule 9(4)). If the meeting is delayed, notify the Bar Council of reasons and expected date, and provide copies to masters (rule 9(5)).
Conduct monthly in-person reviews. At least once a month meet in person with at least one master to review progress (rule 9(3)). Keep minutes or written notes because these will be required in the three-monthly report (rule 9(17)(a)).
Record and track hours carefully. Keep contemporaneous records of hours spent in initial meeting, monthly reviews, court-orientated work and other exercises and activities directed by masters or the Bar Council (rule 9(16)(a)). Provide copies of these records as part of the report to the Bar Council every three months and at the conclusion of pupillage (rule 9(16)(b), 9(17)(c)).
Meet court-orientated minimums. In first 12 months complete at least 80 hours of court-orientated work, at least 40 of which are actual attendances in a Tasmanian court or tribunal and at least 40 occur in the first 6 months (rule 9(10)(a)-(b)). In the second 12 months complete at least 40 hours of such work with at least 20 actual attendances (rule 9(11)). If a senior master increases remaining hour requirements, note the increase and consider a written request for Bar Council review if appropriate (rule 9(12)-(15)).
Seek approvals for out-of-state appearances and for accepting briefs. Do not accept a brief directly without prior written approval of at least one master (rule 9(9)). Do not appear in courts or tribunals outside Tasmania unless led by a master, led by an approved senior or junior barrister, or approved by the Bar Council (rule 6(6)).
Participate in required educational activities. Complete practical exercises, attend lectures and advocacy courses and other legal education events as directed by either master or the Bar Council (rule 9(8)).
Reporting and administrative interactions
Three-monthly reporting. Provide the Bar Council with a report at least once every three months that includes copies of monthly reviews, a record of activities, and the hours log (rule 9(17)(a)-(c)). Include any other information the Bar Council directs (rule 9(17)(d)).
Notifications about extended absences and substitutions. If a master expects to be inaccessible for more than 30 days, ensure they arrange an equivalent master to cover and that the pupil notifies the Bar Council of that arrangement (rule 7(8)-(9)). Masters should give the pupil and Bar Council notice of such arrangements.
End-of-nominal-period steps. On expiry of the 24-month nominal period, notify the Bar Council whether, to the best of the pupil’s belief, the required pupillage has been undertaken and give copies to masters and the Law Society (rule 10(1)). Obtain written certification from each master as to whether they are satisfied the pupillage requirements are completed and give copies to the pupil and Bar Council (rule 10(2)). If the Bar Council is not satisfied, it will notify the pupil and masters and the Law Society (rule 10(3)).
Master-specific compliance steps
Provide access and devil opportunities. Masters are required to afford practical access to pupils and, whenever practicable, to have the pupil devil for them (rule 7(7)(a)-(b)).
Arrange appropriate cover. If unavailable for more than 30 days, a master must arrange for access to another qualified barrister and ensure the pupil notifies the Bar Council of that arrangement (rule 7(8)-(9)).
Certify completion and report non-compliance. Masters must certify pupillage completion for each pupil at the nominal period and must notify the Bar Council if they reasonably determine a pupil has failed without reasonable excuse to comply (rule 10(2), rule 9(18)).
Bar Council compliance and administrative duties
Keep accurate registers. Maintain the Pupillage Register and Barristers List, ensure entries and removals occur as required on grant or cessation of practising certificates, and record changes of masters (rules 8 and 11).
Process approvals, reviews and notifications. Approve masters and master changes, handle requests for review of increased hour requirements, and notify pupils and masters of decisions (rules 7, 9(14)-(15), 10(3)).
Share information when necessary. Disclose pupil-related information to the Law Society and the Board where relevant to their functions and powers under the Act or other rules (rule 12).
Practical record-keeping and audit readiness
Keep contemporaneous written minutes for initial meetings and monthly reviews, signed where possible by participating masters and the pupil, to form the basis of three-monthly reports (rules 9(1), 9(3), 9(4), 9(17)).
Maintain a clear, dated hours log that identifies court attendances, preparatory work and other exercises, with evidence such as court attendance sheets, brief indexes or master attestations supporting actual attendance claims (rule 9(16)-(17)).
Retain copies of all approvals, Bar Council correspondence, and any written approvals permitting direct briefs or out-of-state appearances (rules 6(6), 9(9)).
Monitoring for model-rule changes
Because the rules adopt the model rules as amended, pupils, masters and the Bar Council should monitor changes to the Australian Bar Association model rules and the Legal Profession Uniform Law framework. Where Schedule 1 modifies or excludes a model-rule provision, practitioners must apply the local modification rather than the unmodified model-rule text (rule 5; Schedule 1).
By following these steps and keeping clear records tied to the rule citations above, pupils and masters can demonstrate compliance with the instrument’s procedural and experiential requirements and provide the Bar Council with the material it needs to perform its gatekeeping and certification functions.
(b) containing provisions designated as the Legal Profession Conduct Rules in respect of barristers under the Legal Profession Uniform Law, as applied in New South Wales under the Legal Profession Uniform Conduct (Barristers) Rules 2015 of that State;
nominal period, of pupillage, means 24 months;
notify means give notice in writing;
practice means practice as a barrister;
pupil means a local legal practitioner who is –
(a) entitled to engage in legal practice only as or in the manner of a barrister; and
(b) serving a period of pupillage as provided by Part 2 ;
Pupillage Register means the register kept under rule 8 ;
senior barrister means –
(a) a Senior Counsel; or
(b) a barrister of not less than 10 years' standing in practice;
Senior Counsel means a barrister who is a Senior Counsel or Queen's Counsel appointed as, and in accordance with the protocol for the appointment of, such counsel applying in this jurisdiction.
4 Timing of actions
4 Timing of actions
Where these rules require a person to take an action consequent on some occurrence then, unless the contrary intention appears, the person must take the action as soon as practicable after the occurrence.
5 Adoption of model rules
5 Adoption of model rules
The model rules as from time to time amended are adopted by and form part of these rules, with the modifications set out in Schedule 1 .
Part 2 Pupillage
Part 2 Pupillage
6 Pupillage requirements
6 Pupillage requirements
(1) A barrister who commences practice on or after the day on which these rules commence must serve pupillage in accordance with these 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 10 years' standing as an Australian legal practitioner; or
(c) the Bar Council is satisfied that he or she has relevant experience that is equivalent to the experience specified in paragraph (a) or (b) .
(2) Pupillage is to be of 24 months' duration.
(3) Pupillage commences on the day on which the pupil concerned is granted a barrister's practising certificate.
(4) The service of pupillage does not constitute supervised legal practice within the meaning of the Act.
(5) A pupil must not commence practice before –
(a) completing, to the satisfaction of the Bar Council, any exam that the Bar Council determines should be taken by the pupil; and
(b) arranging 2 masters in accordance with this Part; and
(c) arranging chambers in Tasmania, being the same chambers as those from which at least one of his or her masters practises; and
(d) being granted a barrister's practising certificate; and
(e) completing and signing the Pupillage Register.
(6) A pupil must not appear as a barrister before any court or tribunal outside Tasmania unless –
(a) led by one or both of his or her masters; or
(b) led by a senior barrister, or a junior barrister, approved by one or both of the pupil's masters; or
(c) he or she has the approval of the Bar Council to so appear.
(7) A pupil must practise as a barrister solely, or principally, in Tasmania.
7 Masters
7 Masters
(1) A pupil is required to have 2 masters as follows:
(a) a senior master, being a senior barrister;
(b) a junior master, being a junior barrister.
(2) A pupil must obtain the approval of the Bar Council to have a barrister act as either of his or her masters.
(3) A pupil may, with the approval of the Bar Council, change either or both of his or her masters.
(4) A request for an approval under subrule (3) is to be made by the pupil, in writing, either at his or her own instigation or that of the relevant master or, if applicable, both masters.
(5) A change of master does not affect the period of pupillage already completed by the pupil.
(6) A pupil is to arrange with the Bar Council for a change of master to be recorded in the Pupillage Register.
(7) A master is to –
(a) afford a pupil as much access to the master as is practicable to enable the pupil to obtain the assistance that the pupil reasonably requires; and
(b) whenever practicable, try to have his or her pupil devil for the master (being the assignation to the pupil of work on briefs held by the master).
(8) If a master knows or expects that he or she will not be accessible to a pupil for an extended period during pupillage, the master must arrange for the pupil to have access to another barrister qualified to act as an equivalent master during that extended period.
(9) A pupil must notify the Bar Council of any arrangement made under subrule (8) in respect of that pupil.
(10) In this rule –
extended period means a period exceeding 30 days.
8 Pupillage Register
8 Pupillage Register
(1) The Bar Council is to keep a register of pupils and their masters (Pupillage Register).
(2) A pupil must complete and sign the Pupillage Register before commencing practice.
9 Duties of pupils and masters
9 Duties of pupils and masters
(1) A pupil must, in the first 2 weeks of pupillage, meet with his or her masters to plan and commit to the pupillage (initial meeting).
(2) The initial meeting must be with both masters jointly but either or both of them may, if not able to be physically present, participate in the meeting by telephone, video conference or other electronic means of communication.
(3) Following the initial meeting, a pupil must, at least once a month, meet in person with at least one of his or her masters to review the pupil's progress at the Bar (monthly review).
(4) A pupil must, within 2 weeks of the initial meeting –
(a) notify the Bar Council that the initial meeting has been held; and
(b) give a copy of the notification to each master.
(5) A pupil who fails for any reason to comply with subrule (1) must –
(a) notify the Bar Council of the reasons for the failure and of when the initial meeting is expected to take place; and
(b) give a copy of the notification to each master.
(6) A pupil must, at a monthly review, inform the master conducting that review of –
(a) the work done by the pupil with each master in the preceding month (so as to reveal the pupil's understanding of that work); and
(b) the substance of any work done by the pupil and any difficulties encountered.
(7) Subrule (6) has effect subject to any conflict between the work of the pupil and that of either master.
(8) A pupil must –
(a) do such practical exercises, attend such lectures and seminars and participate in such exercises and activities as either master from time to time directs; and
(b) attend such advocacy courses and legal education events as the Bar Council from time to time directs.
(9) A pupil is not entitled to accept a brief directly from a prospective client unless the pupil has obtained the prior written approval of at least one master to so do.
(10) A pupil must, in the first 12 months of pupillage, do at least 80 hours of court-orientated work as follows:
(a) at least 40 hours of actual attendances in a Tasmanian court or tribunal with either master (or with another senior barrister, or junior barrister, approved by either master);
(b) at least 40 hours in the first 6 months of pupillage.
(11) A pupil must, in the second 12 months of pupillage, do a minimum of 40 hours of court-orientated work, at least 20 of which must comprise actual attendances in a Tasmanian court or tribunal.
(12) A senior master may, by notice to a pupil and the Bar Council given at any time during the period of pupillage, increase (by no more than a factor of 50%) the remaining hours of court-orientated work the pupil must do under subrule (10) or (11) .
(13) However, a senior master may only increase a pupil's remaining hours of court-orientated work if he or she reasonably determines, in consultation with the junior master, that the pupil needs more experience of that kind.
(14) A pupil may, in writing, request the Bar Council to review an increased work requirement imposed on the pupil under subrule (12) .
(15) On review, the Bar Council may affirm, vary or quash an increased work requirement imposed under subrule (12) , in which case it is to notify the pupil and senior master accordingly.
(16) A pupil must –
(a) keep a record of the hours that he or she spends in –
(i) the initial meeting; and
(ii) monthly reviews; and
(iii) court-orientated work; and
(iv) exercises, attendances and other activities under subrule (8) ; and
(b) give a copy of that record to the Bar Council –
(i) as part of a report under subrule (17) ; and
(ii) at the conclusion of the nominal 24-month pupillage (or any extended period).
(17) A pupil must, at least once in every 3 month period of his or her pupillage, provide a report to the Bar Council on his or her progress at the Bar which includes –
(a) a copy of each monthly review held in that 3-month period in accordance with subrule (3) ; and
(b) a record of all things performed, attended, and participated in in accordance with subrule (8) ; and
(c) the record of hours kept under subrule (16) ; and
(d) such other information as the Bar Council from time to time directs.
(18) A master who reasonably determines that a pupil has failed without reasonable excuse to comply with these rules must –
(a) notify the Bar Council accordingly; and
(b) give a copy of that notification to the pupil.
10 Completion of pupillage
10 Completion of pupillage
(1) A pupil must, when the nominal period of pupillage expires –
(a) notify the Bar Council whether he or she has, to the best of the pupil's belief, undertaken the pupillage required by these rules; and
(b) give a copy of the notification to each of his or her masters and the Law Society.
(2) On receipt of a copied notification under subrule (1) , each master must –
(a) certify in writing to the Bar Council whether the pupil has, to the master's satisfaction, undertaken the pupillage required by these rules; and
(b) give a copy of the certification to the pupil.
(3) If the Bar Council is not satisfied that the pupil has completed the pupillage required by these rules, the Bar Council is to –
(a) notify the pupil in writing of this decision; and
(b) give a copy of the notification to each master of the pupil and the Law Society.
Part 3 Miscellaneous
Part 3 Miscellaneous
11 Barristers List
11 Barristers List
(1) The Bar Council is to keep a list of those persons who hold a barrister's practising certificate (Barristers List).
(2) A person who is granted a barrister's practising certificate must cause his or her name to be placed on the Barristers List.
(3) A person who ceases to hold a barrister's practising certificate, or whose barrister's practising certificate is suspended, must cause his or her name to be removed from the Barristers List.
12 Information sharing
12 Information sharing
The Bar Council, Law Society and the Board may disclose information obtained in respect of a pupil during his or her pupillage if the information is relevant to the performance of a function, or the exercise of a power, by the Bar Council, Law Society or Board, under the Act, these rules or any other legal profession rules.
13.
See Schedule 2 .
13.
See Schedule 2 .
SCHEDULE 1 - Local modificatio SCHEDULE 1 - Local modifications of model rules
SCHEDULE 1 - Local modificatio SCHEDULE 1 - Local modifications of model rules
Rule 5
1. Modification of rule 6 of the model rules
(1) A reference in rule 6 of the model rules to "a participating jurisdiction" is taken to be a reference to "Tasmania".
(2) A reference in rule 6 of the model rules to "a non-participating jurisdiction" is taken to be a reference to "an Australian jurisdiction other than Tasmania".
2. Modification of rule 13 of the model rules
Rule 13(b), (c), (d), (e) and (f) of the model rules do not apply to a barrister acting as –
(a) an independent lawyer to represent a child's interests pursuant to an order made under section 68L of the Family Law Act 1975 of the Commonwealth; or
(b) a separate representative of a child pursuant to an order made under section 59 of theChildren, Young Persons and Their Families Act 1997 –
if –
(c) [Schedule 1 Amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] Tasmania Legal Aid has agreed that legal aid, within the meaning of the Legal Aid Commission Act 1990 , is to be provided in respect of the fees and expenses of the barrister incurred while so acting; and
(d) no instructing solicitor has been appointed in respect of the matter.
**3. **Modification of rule 125 of
This is an opening excerpt, not the complete document.