Making a Disclosure

It is a statuary condition of a local practising certificate (refer to s. 51 LPA) that the holder of the certificate must notify the Law Society, not later than 7 days after the event, if the holder is:

1. convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act; or
2. charged with a serious offence.

What is a conviction?

(refer to s.13(1) LPA)

A conviction is a formal verdict or order of a judge in a court of law that someone is guilty of offence.  An individual is convicted because of:

1. a finding of guilt in relation to the offence; or
2. the acceptance of a guilty plea in relation to the offence.

What is a serious offence?

(refer to Dictionary)

Serious offence means an offence whether committed in or outside the ACT that is:

1. an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or 
2. an offence against a law of another jurisdiction that would be an indictable offence against a territory law if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT); or 
3. an offence against a law of a foreign country that would be an indictable offence against a territory law or a law of the Commonwealth if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT). 

The LPA provides that a show cause event in relation to a solicitor means:

1. the person becoming an insolvent under administration (refer to Dictionary)

"Insolvent under administration" means:

• a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory); or
• a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations created by the agreement have been discharged; or
• a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part 9 (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or
• a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or
• a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under the composition.

2. if the person is a legal practitioner director of an incorporated legal practice—the incorporated legal practice becoming a Chapter 5 body corporate; or
    
3. the person being convicted of a serious offence or tax offence, whether or not—

• the offence was committed in or outside the ACT; or
• the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer; or
• other people are prohibited from disclosing the identity of the offender.

A show cause event, if relevant needs to be disclosed by all applicants applying for a new or renewal of practising certificate or a current holder of a practising certificate.

Application for new or renewal of practising certificate

(s.60 LPA)

If a show cause event in relation to the applicant happened after the applicant was first admitted to the legal profession in the ACT or another jurisdiction, as part of the application, applicants for a new or renewal of a practising certificate are required to notify the Law Society with a written statement about the show cause event explaining why, despite the show cause event, the applicant considers themselves to be a fit and proper person to hold a practising certificate.

If the event occurred prior to the applicant’s admission as an Australian lawyer, they should inform the Society whether they disclosed the matter to the relevant admission authority.

Current holder of a practising certificate

(s.61 LPA)

The holder of a current practising certificate must provide a written notice to notify the Law Society that the event has happened, no later than 7 days after the event happened. Additionally, a written statement explaining why, despite the show cause event, the individual considers themselves to be a fit and proper person to hold a practising certificate needs to be provided to the Law Society no later than 28 days after the day the event happens.

If a written statement is given to the relevant council after the end of the 28-day period, the council may accept the statement and take it into consideration.

Current members
If making a disclosure during the period of currency of your existing practising certificate, please log into the Member Portal using the link at the top of the page, and select "Submit Forms to the Society" from the dashboard to lodge the form directly with the Society's Regulatory Services team.

If making a disclosure when applying for renewal of your practising certificate, please lodge this form as an attachment when submitting your renewal application online.

New members
When applying for a new practising certificate, please use this form when submitting your application online. 

If you have not disclosed a required matter to the Law Society, you should notify the Law Society as soon as possible. 

Following disclosure of the matter, the Law Society may require that you provide further information in relation to it.

Failure to disclose a matter required to be disclosed under the Legal Profession Act 2006 is a breach of that Act and may constitute professional misconduct or unsatisfactory professional conduct. Failure to disclose a matter may lead to refusal of your practising certificate application, or cancellation or suspension of your practising certificate.

The Law Society and Council will review and possibly investigate the disclosure to determine whether you are a fit and proper person to hold a practising certificate and/or whether any conditions need to be imposed on your practicing certificate.

For further information or assistance, please email the Regulatory Services team, via Member Connect at memberconnect@actlawsociety.asn.au