Applying for an unrestricted practising certificate
An unrestricted practising certificate (UPC) in the ACT is a type of legal practising certificate that allows a solicitor to practise independently and operate as a principal of a law practice. It is the highest level of practising authority for solicitors in the ACT. An unrestricted practising certificate holder may operate as a sole practitioner, act as a principal of a law firm, and supervise other legal practitioners.
There are different types of unrestricted practising certificates in the ACT:
- Private unrestricted practising certificate
- Government unrestricted practising certificate
- In-House unrestricted practising certificate
- Volunteer unrestricted practising certificate
- Non-ACT unrestricted practising certificate
If you intend to open a firm, you must first establish an ACT law practice before applying for an unrestricted practising certificate. For guidance on this process, please refer to our Opening an ACT Law Practice page.
Eligibility
The eligibility criteria for applying for a First ACT unrestricted practising certificate is set out in Regulation 10 of the Legal Profession Regulation 2007 (ACT). You are required to attach a statutory declaration to your application addressing the eligibility criteria. The proforma statutory declaration can be accessed here.
Your statutory declaration must include sufficient information to demonstrate that you have the necessary skill and experience to be granted an unrestricted practising certificate, including the following:
- Employment history (last 5 years): Provide the names of your employer(s), the position(s) held, and the relevant dates of employment.
- Working arrangements: For each role, indicate whether your employment was full-time or part-time. If part-time, specify the relevant dates and the extent of your engagement (e.g. 0.6 FTE). Note any periods where you were not engaged in legal practice, for example, parental leave.
- Attainment of professional skills and experience: Outline the nature of legal work performed in each role, focusing on demonstrated skills and experience. Typically, this will cover:
- A summary of your technical legal expertise, including areas of law practiced, types of matters handled and your specific role in those matters.
- Examples of complex or significant matters you contributed to, detailing your involvement and impact.
- Description of your professional autonomy, such as exercising independent judgment, managing files, and/or supervising other legal professionals.
- Details of any training undertaken that supports your competence and readiness for unrestricted practice.
- Practising certificate history: Provide the dates during which you held a practising certificate within the past 5 years, including jurisdiction, and specify the type of certificate held.
- Admission to practice: Provide the jurisdiction and date when you were admitted to the legal profession.
- Regulatory item reference: State the Item number under Regulation 10, table 10, of the Legal Profession Regulation 2007 (ACT) that applies to your application.
- Purpose of application: Explain your reason for seeking an unrestricted practising certificate.
- Practice Management Course undertaking: If you have not completed an approved Practice Management Course within the five years prior to the date of your application for a UPC, you must provide a written undertaking to complete an approved course within six months of approval.
If you have practised for less than 5 years, you are also requested to include with your application a statutory declaration from a supervisor/s who can address the work you have performed under their supervision and whether you have attained such a level of professional skill, and gained such professional experience, that it is appropriate that an unrestricted practising certificate be issued to you. A proforma statutory declaration for this purpose can be accessed here.
The Council of the Law Society has resolved pursuant to section 47 of the Legal Profession Act 2006 (ACT) that before being granted a private unrestricted practising certificate, a practitioner must satisfactorily complete, or undertake to satisfactorily complete, within six months, an approved practice management course. (PMC) The Law Society conducts a PMC three times annually for the benefit of members wishing to satisfy this criteria. The course requires punctual and full attendance at all modules. You can view the schedule and register for upcoming workshop dates here. For further information about the Practice Management Course please contact the Society’s Events Team on events@actlawsociety.asn.au. Please note that completion of the PMC, of itself, does not guarantee an applicant will be considered to have attained the professional skill and experience such that it is appropriate an unrestricted practising certificate be issued to the person.
Government and In-House unrestricted practising certificate holders are required to complete the practice management course if they move into private practice, at which point they must undertake to complete it within six months.
How to apply
To apply for a unrestricted practising certificate (UPC), you must first surrender your current practising certificate.
When completing the form, list your reason for surrender as “upgrading to a UPC” and leave the surrender date blank. This ensures your current certificate remains active until your new UPC is approved.
You will be unable to lodge a UPC application until the surrender has been processed).
Once the surrender is finalised, you will receive a notification advising that you may submit your UPC application through your Member Dashboard.
Applications must be submitted at least two weeks prior to the approval date. Please note that approvals are ordinarily considered on a monthly basis.
Can’t find what you’re looking for?
If the information on this page doesn’t answer your question, our Member Engagement Officer is here to help.
Email: memberconnect@actlawsociety.asn.au
Phone: (02) 6274 0333
