LSB July 2018_Web

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was or is subject to the restriction imposed
by Rule 3 of the LPEAC Rules 2004
(before 12 May 2011) which stated the
following:
3.1 A local applicant admitted to practice
in this State shall not be entitled to
practise as a sole practitioner until he
or she has completed in this State or
in another State or Territory:
(a) a continuous period of two years
full-time employment as an employed
practitioner, or an equivalent period
of part-time employment, following
the first issue to him or her of a
practising certificate.
For the purpose of Rule 3 of the
LPEAC Rules 2004 (before 12 May, 2011)
the following definitions apply:
to practise as a sole practitioner means
to practise other than as an employed practitioner,
where the employer is a practitioner entitled to
practise as a sole practitioner or is controlled or
managed by a practitioner who is so qualified, or
other than as a partner in a firm where at least
one full-time principal is so qualified and provided
also that an employer or principal so qualified
is in full-time practice at the place at which the
practitioner is employed or engaged.
employed practitioner means a
practitioner employed to perform predominantly the
work of a legal practitioner:
i. in a private law practice;
ii. in a government department or semi-government
authority, if the employment requires the
performance of the work of a legal practitioner
which the Council considers appropriate for the
purposes of these rules;
iii. in a corporate legal office;
iv. in a community legal service;
v. in the office of the Crown Solicitor, the
Director of Public Prosecutions, the
Commonwealth Australian Government
Solicitor or the Commonwealth Director of
Public Prosecutions;
vi. in any other organisation, department or office
which the Council approves for the purposes of
this rule;
vii. as a judge’s associate which work so qualifies.
ADMITTED ON OR AFTER 12 MAY 2011 –
RULE 3 OF THE LPEAC RULES 2004 (FROM
12 MAY, 2011)
If you were admitted in South Australia
on or after 12 May, 2011, your right to
practise was or is subject to the restriction
imposed by Rule 3 of the LPEAC Rules
2004 (from 12 May, 2011) which requires
that practitioners admitted in South
Australia complete 2 years of supervised
practice before being entitled to practise as
a principal.
Your practising certificate will be
endorsed with this restriction if it applies
to you.
It is important to emphasise the
definition of “to practise as a principal”
in this context. Prior to 11 November,
2015 the LPEAC Rules 2004 defined “to
practise as a principal” as follows:
“to practise while holding an unrestricted
practising certificate following completion of
supervised practice.”
From 11 November, 2015 the LPEAC
Rules 2004 defined “to practise as a
principal” as follows:
“to practise whilst holding a Category A or
Category B principal practising certificate as
prescribed in Rule 3B following completion of
supervised practice.”
Otherwise, for the purpose of LPEAC
Rule 3 the following definitions apply:
“Supervised practice” means practise as an
employed practitioner controlled or managed by a
legal practitioner entitled to practise as a principal
during which supervised practice the practitioner
is employed at the location where the principal
conducts his or her practice.
“Employed practitioner” means a practitioner
employed to perform predominantly the work of a
legal practitioner:
• in a private law practice;
• in a government department or semi-government
authority if the employment requires the
performance of the work of a legal practitioner
and which the Council considers appropriate for
the purposes of this rule;
• in a corporate legal office;
• in a community legal service;
• in the office of the Crown Solicitor, the South
Australian Director of Public Prosecutions,
the Commonwealth Australian Government
Solicitor or the Commonwealth Director of
Public Prosecutions;
• in any other organisation, department or office
which the Council approves for the purposes of
this rule;
• as a judge’s associate which work so qualifies.
To have the restriction lifted you will
need to make an application to the Board
of Examiners by submitting a Form 5
Statutory Declaration AND supporting
evidence from each of your employer or
employers relied on for the supervised
periods as part of a Form 6 letter. It is
essential that you keep to the wording of
the Forms as much as possible as they are
prescribed Forms of LPEAC.
Applications that are not able to be
determined by the Board’s delegate will
be included in the agenda for the next
applicable Board meeting.
The Guidelines for the Supervision of
Newly Admitted Practitioners published
by LPEAC on 22 July, 2016 are available
on the Society’s website.
If you have any questions about this
article please contact the Ethics & Practice
Unit on 8229 0200. B
July 2018 THE BULLETIN 43