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Conditions to be attached to initial (reader's) practising certificates.

Bar Council, 15 June 2006

RESOLVED that the following conditions be attached to the practising certificate of readers.
Conditions to be attached to practising certificates of barristers under the Legal Profession Act 2004

1. Reading Programme

The holder of this certificate (‘the Holder’) must do the following:

(a) Read with at least one but not more than two barristers for not less than 12 months (the reading period). The Holder must choose each of these barristers from a list kept by Bar Council (a barrister so chosen is a tutor).

The reading period:

i) begins on the date this certificate is issued;

ii) may include the period of the Bar Practice Course; and

iii) ends when all tutors certify that the Holder is fit to practise without restriction.

(b) Complete the Bar Practice Course, to the satisfaction of Bar Council;

(c) Within six months of commencing the reading period, participate with a leader in a total of at least 10 days of preparation, conferences and hearing(s) of criminal proceedings (‘criminal reading’) according to the requirements for criminal reading as approved by Bar Council;

(d) Within six months of commencing the reading period, participate with a leader in a total of at least 10 days of preparation, conferences and hearing(s) of civil proceedings (‘civil reading’) according to the requirements for civil reading as approved by Bar Council;

(e) Meet the requirement of the Bar Council’s Continuing Professional Development programme.

2. Reading with Tutor

During the reading period, the Holder must do the following:

(a) Attend on the tutor(s), appear as an observer with the tutor(s) and comply with the reasonable directions of the tutor(s);

(b) Study diligently:

i) the art of advocacy;

ii) the general work and practice as a barrister, including drafting documents, advising clients and dealing with solicitors clients, witnesses and the public; and

iii) the proper conduct and ethics of a barrister;

(c) Study under the tutor(s), including reading and discussing briefs with the tutor.

3. Practice rights prior to undertaking the Bar Practice Course

Prior to undertaking the Bar Practice Course:

(a) the Holder must not appear in any court or tribunal except if led by a barrister who holds a current practising certificate without readers restrictions; and

(b) the Holder may undertake opinion work for a solicitor, with the consent of a tutor.

4. Practice rights during the period of the Bar Practice Course

The Holder has no right of practice during the period of the Bar Practice Course.

5. Practice rights after completing the Bar Practice Course but prior to the completion of both the criminal and civil reading requirements

After completing the Bar Practice Course but prior to the completion of both the criminal and civil reading requirements:

(a) if within six months of commencing reading the Holder may appear in any court or tribunal only:

i) if led by a barrister who holds a current practising certificate without readers restrictions, or

ii) with a tutor’s approval for the particular appearance.

(b) where the Holder has failed to complete their criminal and civil reading within six months of commencing reading (as required by condition 1(c) and 1(d)) the Holder: must apply to the Director, Professional Development for a formal extension of the Holder’s civil and criminal reading period, and may appear in any court or tribunal only with a tutor’s written approval for that particular appearance.

6. Practice rights after completion of both the Bar Practice Course and the civil and criminal reading requirements

After completing both the Bar Practice Course and the civil and criminal reading requirements, the Holder may appear in any court or tribunal.

7. Direct client access restriction before completing the reading period

The Holder must not accept a brief from a person other than a solicitor without a tutor’s written approval for the particular brief. Exception: This restriction does not apply if the Holder held an unrestricted solicitor’s practising certificate immediately before being issued with this certificate, or in cases where the holder is participating in the Duty Barrister Schemes conducted in the Local Court, or the District Court.