Under the Legal Profession Act 2006 (NT), it is the responsibility of each practitioner to ensure that they have a current Practising Certificate.
A Practitioner may practice in the Northern Territory on their interstate Practising Certificate on one off matters as long as they have notified their PII insurer that they will be practising interstate. If a Practitioner is residing in the Northern Territory they need to apply for a Local Northern Territory Practising Certificate. They may however practice on their interstate Practising Certificate as long as they have been added to the firms PI insurance schedule until the end of the Practising Certificate year (being 30 June). When they have received their Northern Territory Practising Certificate they will need to surrender the interstate Practising Certificate.
The Practising Certificate year runs from 1 July to 30 June each year.
Four types of Practising Certificates are issued:
Usually issued to firm partners, sole practitioners, and senior solicitors in government departments, or legal aid organisations. Entitlement to Unrestricted Practising Certificates is set out in the Legal Profession Act 2006 or inquiries may be directed to the Law Society.
Employee solicitor in a legal firm, government department or legal aid service. Must be supervised by the holder of an unrestricted Practising Certificate.
Restricted Corporate Lawyer
Issued to an employee solicitor in a private corporation or organisation advising only their employer.
Australian legal practitioner practising as counsel only. The Society has adopted a formal policy as to what constitutes the work of a practitioner engaging in legal practice in the manner of a Barrister only.
Lodgment of Practising Certificates
All original applications for Practising Certificates should be lodged with the Law Society Northern Territory, together with appropriate documentation:
- Proof of Professional Indemnity Insurance as required.
- Payment of the Practising Certificate fee and if applicable payment of the Legal Practitioners Fidelity Fund contribution (s 393) etc.
- A current Certificate of Fitness is required from each jurisdiction you have been admitted in, regardless of whether or not you have previously held a Practising Certificate in the Northern Territory.
- If you are not registering to be admitted in the Northern Territory, a certified copy of your Admission Certificate is required.
- If you are applying for an Unrestricted Practising Certificate for the first time, a Statutory Declaration regarding completion of the period of supervised legal practice.
- A Checklist of Attachments is provided for your assistance:
- Practising Certificate Application Checklist
Practising Certificate fees are not subject to GST.
Additional Practising Certificate documentation
- Notification of Show Cause Event
- Incorporated Legal Practice
- Notice by Local Practising Certificate Holder of a Conviction or Charge
- Statutory Declaration regarding entitlement to Unrestricted Practising Certificate