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New South Wales Bar Association Tutor Policy
[Bar Council resolution 20 September 2012]




Section 56 of the Legal Profession Act 2004 – ‘ specified class or description’. 

  1. RESOLVED that the ‘specified class’ for the purpose of s56(1)(b) of the Legal Profession Act 2004 include a barrister who has:
    1. continuously held a New South Wales barrister’s practising certificate for not less than seven years, and
    2. has not been appointed Senior Counsel at the beginning of the reader’s reading period.
  2. FURTHER RESOLVED that a reader may have more than one tutor, in which event the reader must nominate one as the ‘certifying tutor’. A barrister can only be the certifying tutor for one reader in each Bar Practice Course and cannot be the certifying tutor for two readers undertaking consecutive Bar Practice Courses. A barrister can be a second, or non-certifying, tutor for no more than two readers at any one time.
  3. FURTHER RESOLVED that the Bar Council delegate to the Executive Director the authority to act on behalf of the Bar Council, in consultation with the members of the Bar Council Executive and the Education Committee as he believes appropriate, in respect of applications to be a Tutor where the barrister has continuously held a NSW barrister’s practising certificate more than five but less than seven years.
  4. FURTHER RESOLVED that barristers who have been the subject of an adverse finding by the Administrative Decisions Tribunal or Supreme Court, or who have been reprimanded or cautioned in the past seven years, or who have had conditions attached to their practising certificate within the past seven years, (other than the standard conditions applying to readers, Crown prosecutors, public defenders, parliamentary counsel and academics), should not be on the statutory list of tutors (s56(1)(b) of the Legal Profession Act 2004) unless the Bar Council had specifically agreed to their being on the list.
  5. FURTHER RESOLVED that a tutor must be a full-time practising New South Wales barrister. The tutor need not be a member of The New South Wales Bar Association.