45Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction

45 Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction

45 Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction

(1) The designated local regulatory authority may grant or renew an Australian practising certificate only if it is satisfied that the applicant—

(a) is an Australian lawyer; and

(b) if required by this Law to have professional indemnity insurance—has, or will have on or before the grant or renewal, professional indemnity insurance in accordance with this Law and the Uniform Rules; and

(c) has indicated in the application that he or she does not hold (and he or she does not have a current application for) another Australian practising certificate that would be in force concurrently with the certificate whose grant or renewal is sought under this section.

Note

Section 474(2) contemplates that jurisdictional legislation may fix fees for payment in relation to any function of the Supreme Court, the designated tribunal or a local regulatory authority under this Law or the Uniform Rules. This could, for example, extend to processing an application for a practising certificate.

(2) Subject to subsection (4), the designated local regulatory authority must not grant or renew an Australian practising certificate if it considers that the applicant is not a fit and proper person to hold the certificate.

(3) In considering whether a person is or is not a fit and proper person to hold an Australian practising certificate, the designated local regulatory authority may have regard to the matters specified in the Uniform Rules for the purposes of this section.

(4) A person may be considered a fit and proper person to hold an Australian practising certificate even though the person does not satisfy the requirements for a matter to which the designated local regulatory authority may have regard, if it is satisfied that this action is warranted in the circumstances.

Note

A person who has been refused the grant or renewal of a certificate is a disqualified person—see the definition of disqualified person in section 6.