Before you can practise as a solicitor in the ACT, you need to be admitted to the legal profession as a lawyer and hold a current practising certificate.

Before you can apply for a different category of practising certificate, you must surrender your current practising certificate (more information can be found under Applying for an Unrestricted Practising Certificate). The relevant form for surrendering your practising certificate can be found here.

Click here to join the Law Society and apply for a Practising Certificate.

For all membership and practising certificate enquiries contact Member Connect at:
P: 02 6274 0333
E: memberconnect@actlawsociety.asn.au

Applying for a practising certificate

Once you have been admitted in an Australian jurisdiction you are eligible to apply directly to the Law Society for a restricted practising certificate. You are required to attach a copy of your Certificate of Admission or a copy of your current interstate practising certificate to your application. The Society also requires interstate practising certificate applicants to supply with their application a certificate of fitness (also known as a certificate of good standing) from each jurisdiction the applicant has been admitted and/or practised in, issued no more than 28 days prior to the date of application. Section 50 of the Legal Profession Act 2006 and Regulation 13 of the Legal Profession Regulation 2007 sets out the requirements for supervised legal practice.

Executive considers non-standard applications, including applications for a first unrestricted practising certificate, on a monthly basis.

Renewing your practising certificate

Practising certificate renewals are conducted from early May each year. All current members will receive an email when the renewal period opens. If your practising certificate has expired, but was held within the past 5 years, you should log in and renew for this current year from your Member Dashboard.

Joining the Society: Fees 2024-25

Private lawyer

  • ACT Unrestricted Practising Certificate (Private) = $1,484
  • ACT Restricted Practising Certificate (Private) = $913

In-house lawyer

  • ACT Unrestricted Practising Certificate (In-house) = $1,276
  • ACT Restricted Practising Certificate (In-house) = $913

Government lawyer

  • ACT Unrestricted Practising Certificate (Government) = $909
  • ACT Restricted Practising Certificate (Government) = $633

Not practising in the ACT (for ACT practitioners residing overseas)

  • ACT Unrestricted Practising Certificate (Non-ACT) = $964
  • ACT Restricted Practising Certificate (Non-ACT) = $511

 

Please note that fees apply from 1 July to 30 June and are pro-rated from August onwards.

Note: The eligibility criteria for applying for a First ACT Unrestricted Practising Certificate is set out in Regulation 10 of the Legal Profession Regulation 2007. You are required to attach a statutory declaration to your application addressing the eligibility criteria.

  • ACT Unrestricted Practising Certificate (Volunteer) = free
  • ACT Restricted Practising Certificate (Volunteer) = free

Please note that fees apply from 1 July to 30 June and are pro-rated from August onwards.

Note: Holders of volunteer practising certificates must still arrange appropriate professional indemnity insurance, and they may only undertake work of a pro bono nature. 

  • No PC member (Full) = $163
  • No PC member (Associate) = $163
  • No PC member (Associate Student) = $25*

Please note that fees apply from 1 July to 30 June and are pro-rated half-yearly. Student memberships are not pro-rated.

Note: Full members have the right to vote in Law Society elections, and may serve on Committees, Executive or Council. Associate members may serve on Law Society Committees, but may not vote in elections, or serve on Executive or Council.

 

Types of practising certificates

A practising certificate can be either restricted, or unrestricted. The holder of an unrestricted practising certificate is entitled to practice as a principal of a law practice as defined in section 9 of the Legal Profession Act 2006. The holder of a restricted practising certificate is not entitled to practice as a principal of a law practice. Other conditions may also be placed on practising certificates (a list of practising certificate conditions is available below). 

Your practising certificate type relates to your employer (i.e. private, in-house, government, volunteer). 

Practising certificates are available free of charge to lawyers who will be undertaking specified pro bono legal work. Holders of volunteer practising certificates must still arrange appropriate professional indemnity insurance, and they may only undertake work of a pro bono nature. The holder of a volunteer practising certificate must only engage in legal practice as a volunteer at:

  • a community legal centre
  • Legal Aid ACT
  • the Aboriginal Legal Service NSW/ACT
  • the ACT Law Society’s Pro Bono Clearing House
  • any other entity approved by the Council of the ACT Law Society.

The holder of a volunteer practising certificate must not:

  • engage in private practice
  • receive trust money
  • act as a director of an incorporated practice; a partner in a law firm; a partner of a multi-disciplinary partnership; a supervising legal practitioner at a community legal centre; or a sole practitioner.

Applications for volunteer practising certificates must be submitted with the relevant form.

Applications for first ACT Unrestricted Practising Certificates are considered by the Executive Committee of the Council at its monthly meetings. You should ensure you allow sufficient time for an application to be considered if you are seeking to hold an unrestricted practising certificate from a particular date. The time taken to consider an application can be longer in peak periods.

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. You are required to attach a statutory declaration to your application addressing the eligibility criteria.

Your statutory declaration should include sufficient information to demonstrate to the Executive Committee that you have the necessary skill and experience to be granted an Unrestricted Practising Certificate, including the following:

  • Names of your employer(s), role(s) held and dates employed over the last 5 years
  • For each role you have held, whether you were employed on a full-time or part-time basis and any gaps in performing legal work over the period – if part-time, please specify the periods you were part-time and the extent of your part-time role (eg 0.6 FTE)
  • Type of legal work you have engaged in for each role (goes to skill and experience)
  • Dates you have held a practising certificate within the last 5 years (if applicable)
  • The type of certificate previously held (if applicable)
  • The Item number of Regulation 10 under which you are applying
  • Reason for applying for an unrestricted certificate
  • For unrestricted private applications - an undertaking that you will complete a Practice Management Course within the next 6 months if not already completed.

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.

The Council of the Law Society has resolved pursuant to section 47 of the Legal Profession Act 2006 that before being granted an unrestricted certificate, a practitioner must satisfactorily complete, or undertake to satisfactorily complete, within a specified time, an approved practice management course. The Law Society conducts a Practice Management Course for the benefit of members wishing to satisfy this criteria. The course requires punctual and full attendance at all modules. For further information about the Practice Management Course please contact the Society’s Events Team on events@actlawsociety.asn.au.

Surrendering your Current PC

Before you can hold an unrestricted certificate, you will need to surrender your current certificate. To do so, you will need to complete the following steps:

  1. Login to the website and access your dashboard.
  2. On the left, vertical menu, select the “submit forms to the Society” tab. 
  3. Select “surrender an ACT practising certificate” and enter the relevant information.
  4. Ensure that in the criteria “date ceased practising under current certificate” you enter “on approval of UPC”.

Once your surrender form has been received, you will be sent a confirmation email from the Society. When you receive this confirmation, you will need to reapply for a practising certificate. A prompt and steps to do this will be found in the notifications section of your dashboard.

 

Conditions on practising certificates

A practitioner who is granted a practising certificate by the ACT Law Society may be subject to statutory conditions or conditions imposed by the Council on their entitlement to practice. Those conditions are listed below.

Any holder of a practising certificate granted by the Council of the Law Society is entitled to engage in legal practice in the ACT as a volunteer providing pro bono legal services through a law practice or under an arrangement approved by the Council.

Code

Condition

Unrestricted practising certificate

The holder of an unrestricted practising certificate is entitled to practice as a principal of a law practice as defined in section 9 of the Legal Profession Act 2006.

C1 (Restricted practising certificate)

The holder is not entitled to practice as a principal of a law practice.

The term ‘principal’ is defined in section 9 of the Legal Profession Act 2006. In addition section 50 also provides that the holder must not engage in unsupervised legal practice as a solicitor until the holder has completed a period of supervised legal practice prescribed by Regulation 13.

C2 (Government or in-house lawyer)

The holder must not engage in legal practice otherwise than as a government lawyer engaged in government work or by providing in-house legal services for a corporation by which the holder is employed.

Statutory requirement pursuant to section 38 of the Legal Profession Act 2006.

C3 (must complete Practice Management Course)

The holder must successfully complete an approved Practice Management Course within a period set by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C4 (must obtain PII insurance)

The holder must obtain professional indemnity insurance before engaging in legal practice in Australia on his or her own account or as a partner in a law firm.

Statutory requirement pursuant to section 311 of the Legal Profession Act 2006.

C5 (Barrister)

The holder is subject to the conditions and restrictions imposed upon barristers by the ACT Bar Association.

Statutory requirement pursuant to section 49 of the Legal Profession Act 2006.

C6 (must only practice in specified areas of law)

The holder is permitted to practice in the area(s) of law specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C7 (must undertake specified training or study)

The holder is required to undertake a course of study or training specified by the Society.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C8 (must not operate a trust account or deal with trust monies)

The holder is not permitted to operate a trust account or to otherwise deal with trust, transit or controlled money.

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

C9 (other)

Other (please contact the Society for more information).

Condition imposed by the Council of the Law Society of the Australian Capital Territory pursuant to section 47 of the Legal Profession Act 2006.

 

Changes to your practising certificate

Changing employers: If you hold an ACT practising certificate, you must advise the Law Society if you change employers, this can be done via your members dashboard. Your practising certificate may need to be reissued if a change of employment affects your practising certificate type. To change your certificate type complete the surrender form in the members dashboard and indicate on your form the reason for surrendering your certificate is due to a change in employment. You will then receive an email to advise you can apply for the new certificate type. 

Moving to another jurisdiction: If you have been admitted in the ACT or have previously held an ACT practising certificate and will be moving to another jurisdiction and seeking a practising certificate there, you are required to provide a Certificate of Fitness with your application form. Financial members of the Law Society are not charged a fee for a Certificate of Fitness. 

 

Related Documents

Related Links

In this Section

New Zealand lawyers applying to practise in the ACT  

Information about the steps required for New Zealand lawyers wishing to apply to practise in the ACT.

Find out more

Certificate of Fitness  

If you intend to engage in legal practice in a jurisdiction other than the ACT, you can apply to the Society for a ‘Certificate of Fitness’.

Find out more