Australian Capital Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO. 25 OF 2006) - SECT 38

Professional indemnity insurance for local practising certificate etc

    (1)     This section applies to each of the following people who apply for the grant or renewal of a local practising certificate:

        (a)     an Australian lawyer who is a government legal officer who, in the lawyer's application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government legal officer engaged in government work;

        (b)     an Australian lawyer who is employed by a corporation, that is not an incorporated legal practice, and who provides only in-house legal services to the corporation;

        (c)     an Australian lawyer other than an Australian lawyer mentioned in paragraph (a) or (b).

    (2)     The licensing body must not grant or renew a local practising certificate unless the licensing body —

        (a)     for an application by an Australian lawyer mentioned in subsection (1) (a)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government legal officer engaged in government work; or

        (b)     for an application by an Australian lawyer mentioned in subsection (1) (b)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than by providing in-house legal services for a corporation by which the lawyer is employed; or

        (c)     for an application for grant or renewal of an unrestricted practising certificate by an Australian lawyer mentioned in subsection (1) (c) who, as the holder of the certificate, would be required under this Act to be covered by an approved policy of indemnity insurance—is satisfied that the lawyer will, and imposes a condition on the certificate that the lawyer must, be covered by an approved policy of indemnity insurance during the currency of the practicing certificate; or

        (d)     for an application for grant or renewal of a barrister practising certificate by an Australian lawyer mentioned in subsection (1) (c) who, as the holder of the certificate, would be required under this Act to be covered by an approved policy of indemnity insurance—

              (i)     has received a report from the bar council stating that the bar council is satisfied that the lawyer will be covered by an approved policy of indemnity insurance during the currency of the practising certificate; and

              (ii)     imposes a condition on the certificate that the lawyer must be covered by an approved policy of indemnity insurance during the currency of the practising certificate.

    (3)     In this section:

"approved", for a policy of indemnity insurance—see section 312.



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