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The
Bar Association's Reading Programme
Introduction
The
Reading Programme is comprised of the following elements:
Having
passed all three Bar exams, a legal practitioner
may register for the Bar Practice Course.
Exemptions
Applications
for exemption from the Reading Programme, or any part thereof. should
be directed to the Executive Director, in writing, detailing grounds
for exemption supported by a curriculum vitae and two professional
references.
Specific
guidelines for application are not provided. All applications
are judged on their merits.
Full
or partial exemptions are more likely to be given to an applicant
who has practised as a barrister, for more than two years, in another
state or country, than in other cases.
Full
exemptions are seldom given. It is the view of the Bar Association
that the roles of solicitor and barrister differ to the extent that
even experienced solicitors will benefit from all aspects of the
Reading Programme. In addition, the Bar Practice Course is
a major part of the induction to the Bar and is not simply a skills
course.
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Qualifications
for practice as a barrister
All
persons wishing to practise in New South Wales must have been
admitted by the Supreme Court of New South Wales as a lawyer
or be eligible to practice in the State by way
of mutual recognition of their admission in another State
or Territory.
This
section is primarily concerned with the post-admission
conditions which the Bar Council imposes on practising
certificates to be issued to lawyers who wish
to practise as barristers.
For information about recognition of qualifications,
admission to the Supreme Court of New South Wales,
and obtaining a practising certificate, visit the 'Practising
as a barrister in NSW' pages on this web site.
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Reading
Programme
A lawyer must complete the Bar exams
before taking out a (reader's) practising certificate.
On
taking out a practising certificate with conditions, the legal practitioner
is termed a 'reader'. The reader embarks on the Reading Programme,
which has as a major element, the Bar Practice Course.
The
period of reading commences on the issuance of the practising certificate
with conditions attached, and continues for at least 12 months.
During
the 12 month period, the reader remains under the supervision of
at least one experienced barrister, who is called a tutor. Depending
on the reader's progress, the conditions on the practicing certificate
are lifted during the 12 month reading period.
Legislative
and administrative framework
A
New South Wales lawyer who takes out an initial barrister's
practising certificate is called a reader.
Legislation and rules of particular relevance to readers are the
following:
Legal Profession Act 2004
New
South Wales Barristers' Rules (particularly Rules 112
and 113)
Prior
to the commencement of reading and the Bar Practice Course, the
lawyer must have been issued with a practising certificate.
Conditions will attach to this certificate.
Conditions
imposed by Bar Council on the reader's practice
The Legal Profession Act 2004 empowers the Bar Council to attach conditions
to practising certificates. Readers must comply with all the conditions attached to the certificate.
Period
of the initial (reader's) practising certificate
In most cases, the initial reader's restricted practising certificate
will not cover a full twelve month period. Accordingly, before 30
June of the current practice year, most readers will be applying
for a further readers' practising certificate.
Certificate
of fitness to practise under an unrestricted practising certificate
For most readers, at the end of their twelve month reading period,
the tutors will have completed and returned to the Professional Development
Department the 'Satisfactory completion of reading' form so that
the reader will be entitled to a practising certificate that does not have readers conditions attached to it.
With the 'Satisfactory completion of reading' form in hand, the
Director of Professional Development will be able to advise the
Bar Association's Certification Officer that a practising
certificate may be issued. There is no additional fee for this
practising certificate. This practising certificate runs for the
remainder of the current practice year. At the end of that
practice year, the former reader is then in a position to apply
for a further practising certificate, provided that
CPD and relevant statutory requirements have been met.
Failure
to complete all requirements within 12 months
Readers who have not completed all of the requirements within 12
months from the issuance of their initial practising certificate
constitute a special case. These barristers may be entitled to a
further conditional practising certificate. They should write a
detailed letter of explanation to the Director of the Professional
Development Department explaining why such a further conditional
practising certificate should be issued in their case.
Where a reader is considered by The Bar Council to need further
particular assistance, the conditions may be extended at the discretion
of The Bar Council.
Continuing
Professional Development (CPD)
In a 12 month practice year, the practising certificate holder must
accumulate 10 CPD points. Barristers with PCs of less than 12 months
duration have the 10 point per annum requirement reduced proportionately.
For further information see the 'Information on CPD' section of this website
The barrister's practising certificate will then be renewed for
a further 12 months (subject to the other statutory conditions being
met). In that ensuing 12 month period, the barrister will be required
to accumulate 10 CPD points.
Details of the CPD programme
(including accredited events) are set out on this web site.
Criminal reading
Reader must complete 10 days of criminal reading within the first
six months of their reading programme. Readers need to complete
the Criminal Reading verification
form.
Criminal
reading guidelines
Requirements in relation to criminal reading
In order to complete criminal reading satisfactorily, the reader
must, at the discretion of the supervising counsel, participate
as fully as possible in the case, including reading of the brief,
discussion of issues, preparation of submissions, interviews with
witnesses and court attendance(s).
Criminal reading may be undertaken with a tutor, crown prosecutor/public
defender, senior counsel or junior counsel practising in criminal
law.
On their application for an unconditional practising certificate,
all readers are required to provide to the Director, Professional
Development verification from counsel with whom they have read in
crime, detailing particulars.
Arrangements for criminal reading
These may be made with contacts as listed below:
1. Crown Prosecutor: contact the Professional Assistant to the Senior
Crown Prosecutor, on Ph: (02) 9285 2569.
2. Crown Prosecutor, Wagga Wagga, can be contacted for criminal
reading in Canberra and Southern New South Wales.
3. Public Defender's Officer, contact: (02) 9268 3111.
4. Private arrangements can be made with counsel practising in the
area of criminal law.
5. For prosecutions of Customs Act 1901 (Cth) offences
(except drug matters) contact the Legal Training Officer, Australian
Government Solicitor on (switch) (02) 9581 7777.
6. For prosecutions of all Crimes Act 1914 (Cth) offences
(including drug related matters) contact the Legal Training Officer,
Commonwealth DPP on 9285 8606.
8. Members of the Bar Association Criminal Law Committee, as listed
on the web site, may be contacted for criminal reading.
Civil
reading
readers must complete ten days of civil reading within the first
six months of their reading programme. Readers need to complete
the Civil Reading verification
form.
Civil
reading guidelines
Requirements in relation to civil reading
In order to complete satisfactorily the required civil reading,
readers must, at the discretion of counsel, participate as fully
as possible in the case, including reading of the brief, discussion
of issues, preparation of submissions, interviews with witnesses
and court attendance.
Civil reading may be undertaken with a tutor, senior counsel or
junior counsel practising in civil law.
On their application for an unconditional practising certificate,
all readers are required to provide to the Director, Professional
Development verification from counsel with whom they have read of
their compliance with the civil reading requirements.
Conditions in practising certificate regarding completion of
civil and criminal reading
Readers are required to complete all their civil and criminal reading
requirements within six months of issuance of their practising certifcate.
Readers should be familiar with the conditions relating to appearance
rights prior to completing civil and criminal reading. Readers
should also be familiar with the conditions relating to appearance
rights if their civil and criminal reading is not completed within six months.
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