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©State of Queensland
QUEENSLAND
NERS ACTS A 1968-1
~~~[Reprinted as at 1 March, 19871
Legal ~actitioners Acts Amendment Act 196 As amended by
ractitioners Acts Amendment Act 1974, No. 5 ra~titioners Acts A ~ e n ~ m e n t Act 1977, No. 28
Director of Prosecutions Act 1984, No, 9§, s. 34 (l), (2) (as amended
s. 34 (l), ( 2 ) commenced 17 January 1985 (Proc. gubd. Gaz. 19 January 1985, p.
by Act No. 25 of 19
165).
An Act to Amend The Legal Practitioners Acts, 1881 to 1965 and for other purposes
[ASSENTED TO 19 DECEMBER, 19681 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of ~ueensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as the Legal P r ~ c t i t i o ~ e r ~ Acts Amendment Act 1968.
2. (1) ~ o n s ~ u c t ~ o n of Act, This Act shall be read as one with The Legul ~ractitioners Acts 1881 to 1965, in this Act referred to as the Principal Act.
(2) Collective title. The Principal Act and this Act may be collectively cited as the Legal Pra~titi~ners Act 1881-1968,
Collective title conferred by Act of 1984, No. 95, s. 34 ( 2 ) (as amended by Act No.
25 of 1985, s. 7 (b)).
3, Amended Le@ ~ r u c t i t ~ o n e r ~ Act ~ ~ eAct ~of 1938. ~ ~ e n ~ 4. ~ e a n i n g of terms. In this Act, unless the context otherwise
indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-
“Board”-the Solicitors’ Board constituted under the Rules of court;
“Rules of Court”-“The Solicitors’ Admission Rules, 1 968” or any rules for the time being in force relating to the admission
2 S , 5 LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968-1 985 s, 7 of Solicitors of the Supreme Court of Queensland in substitution therefor or amendment thereoc
~‘solicitor”-solicitor of the upreme Court of ~ueensland;
“Solicitors’ Board examinations”-examinations conducted by the Board under and in accordance with the Rules of Court.
~ ~ s t r ~ c t i ~ ~ . The Rules of Court shall be read with and subject oard ~ x a ~ i n a t i o ~ s . Any person who satisfies the (a) he possesses one of the educational qualifications that would be required of him if he were seeking the consent of the Board to enter into articles o f clerkship; or
(b) he has passed the ~xamination qualifying him for promotion to the position of Clerk of a Magistrates Court and Mining R e ~ s t r a r ,
and who has paid the fee prescribed by Rules of Court for permission to pursue the Solicitors’ Board examinations, may pursue the Solicitors’
Board examinations by complying with the Rules of Court relating to those examinations.
i s s ~ o ~ . (1) ~otwithstanding any Act or law or Rule of Court made under any Act or law, any person-
to the provisions of this Act.
Boar
a ~ i f i c a t i ~ ~ s for a
(a) who is a British subject;
(b) who is of good fame;
(c) who is an officer within the meaning of the Public Service Act 1922-1973 and has-
(1) obtained at a University or at the Queensland Institute of ~echnology a degree in law approved by the Board;
Or
(ii) completed the Solicitors’ Board examinations,
and has ~ompleted a period of 10 years’ service as prescribed by subsection (2) of this section or, in the case of aOperson who, before the ~ o m ~ e n c e m e n t of the Legal Pr~cti~iuners Acts Amendment Act 1977, has commenced at a University a course leading to a degree in law, has com~Ieted a period of 5 years’ service as prescribed by that subsection;
(d) who has complied with the Rules of Court relating to- (i) the sticking up, delivery and adve~ising of notices of
intention to apply for admission;
(ii) the delivery of certificates of passing or, Gompletion of, the relevant examinations;
(iii) the filing and delivery of a ~ d a v i t s relating to compliance with the Rules ofeourt;
(iv) the pay me^^ of fees; and
S . 7 LEGAL P ~ A C T I T I ~ N ~ R S ACTS A ~ E ~ R ~ ~ N T ACT 1968-1985 S. 7 3
(e) who has filed in the Supreme Court office at Brisbane- (i) an affidavit declaring the extent of his compliance with
this Act;
(ii) a certificate or certificates issued by the Under
secreta^
of the Department or, as the case rnay be, Departments of the Public Service in which the service as prescribed by subsection (2) of this section has been served certifying as to the period or periods of that service,
shall be entitled to be admitted to practise as a solicitor.
subsection (1) of this section- (2) The period of service to be c o ~ p l e t e d for the p u ~ o s e s of (a) shall be served as a clerk (which term shall i ~ c l u d e any appointment in the Public Service of a higher grade than that of clerk) in one or more of the following offices:-
the Solicitor-General’s office;
olicitor’s office;
the Public Defender’s office;
any branch or section (other than the offices of the
§o~i~itor-General, the Crown Solicitor and the Public Defender) of the Chief Office of the Department of Justice;
the Parliamenta~ Counsel and Draftsman’s OEce;
a Registry of the Supreme Court;
a Registry of a District Court;
the Public Curator’s ofice (including any branch office thereo~;
an office of a Clerk of a ~ a g i s t r a t e s Court;
the office of the Director of Prosecutions;
(bj may include service wholly before or wholly after, or partly (c) need not be continuous service;
(d) rnay if the Board directs include service in the Defence Force of the ~ o m m o n ~ e a l t h but not so as to reduce the period of actual service to less than 6 years in the case of a person required by subsection (1) to have completed a period of 10 years’ service and to less than 3 years in the case of ;a person required by that subsection to have completed a period of 5 years’ service.
(3) A person who is entitled to be a ~ m i t t e d to practise as a solicitor pursuant to subsection (1) of this section shall not be required to serve or have served under any articles of clerkship or to c o ~ p l e t e or have completed any period of practical training other than the period of service referred to in subsection (1) of this section.
(4) Service by any person in an office specified in paragraph (a) of subsection (2) of this section shall for the purposes of those rules of the
before and partly after the passing of this Act;
4 S. 8 LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968-1985 S. 8
Rules of Court relating to the conditional admission as solicitors in Queens~and of persons a~mitted as solicitors outside Queensland, be and be deemed to be emp~oyment as a law clerk or legal officer in Queensland.
(5) A certificate issued by the Under Secretary of a Department pursuant to subparagraph (ii) of paragraph (e) of subsection (1) shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.
As amended by Act of 1974, No. 5 , s. 3: Act of 1977, No. 28, s. 3; Act of 1984, NO.
95, s, 34 (1) {a) (as amended by Act No, 25 of 1985, s. 7 (a}}.
8. ~ ~ ~ i s s i o n of certain olicitors as ~arri$t~rs. { 1) Any solicitor of good repute who-
(a) is serving in any one of the follo~ing offices:- (i) the Solicitor-General’s office;
(ii) the Crown Solicitor’s office;
(iii) the Public Defender’s office;
(iv) the Parliamentary Counsel and Draftsman’s office;
(v) a Registry of the Supreme Court;
(vi) the Public Curator’s office {including any branch ofice (vii) the office of the Director of ~rosecutions; or
t ~ e r e o ~ ;
(b) is serving in or occupying the position of-
(i) Under Secretary of the Department of Justice;
(ii) a Stipendiary Magistrate, as defined in the Justices Act 1886-1973, other than an Acting Stipendiary Magistrate;
or
(iii) Chief Land Court Advocate, a Land Court advocate or an assistant Land Court advocate,
and who has completed a period of five years’ service as prescribed by subsection (2) of this section shall upon motion at any sittings of the Full Court of ~ u e e n s ~ a n d at his own request be called and a d ~ i t t e d as a barrister-at-law without being required to pass any examination, and thereupon his name shall be removed from the Roll of Solicitors.
(2) The period of service to be completed for the purposes of subsection (1) of this section shall be served after admission as a solicitor in one or more of the following positions or capacities-
(a) an officer performing official duties as a solicitor in one or more of the offices set forth in subsection (2) of section 7 of this Act;
(b) a stipendiary magistrate;
(e) a registrar, deputy registrar or taxing officer of the Supreme (d) a registrar of a District Court;
(e) a clerk of a Magistrates Court;
Court;
S. 9 LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968-1985 S. 9 5
(f) Chief Land Court Advocate, a Land Court advocate or an In calculating such period of service, service wholly before or wholly after or partly before and partly after the passing of this Act may be inc~uded.
assistant Land Court advocate.
As amended by Act of 1974, No. 5, s. 4; Act of 1984, No. 95, s. 34 (1) (b) (as amended by Act No. 25 of 1985, s. 7 (a)).
9. T r ~ ~ ~ j ~ i o n ~ l * (1) (a) The provisions of section 9 of The Legal
~ r a c t i ~ i o n e r ~ Act A ~ e n d ~ e ~ t Act of 1938 as in force immediately prior to the passing of The Legal Practitioners Acts A m ~ n d m e n t Act of 1961 but as subsequently amended by The Legal Practitio~ers Acts Amendment Act of 1965 shall, notwithstanding section 3 of this Act, apply (and it is hereby declared always to have applied) to and in respect of any person who is serving or has served in any office mentioned in subsection 1) of the said section 9 who has passed the intermediate examination first day of December, one thousand nine hundred and sixty-eight, and for that purpose such provisions shall be deemed to continue in force but such provisions shall cease to apply to and in respect of any such person who has not passed the second section of the final examination for solicitors referred to in the said section 9 on or before the thirty- first day of December, one thousand nine hundred and seventy:
Provided that any such person may at any time before the thirty- first day of December, one thousand nine hundred and seventy, elect to take the benefit of the provisions of this Act and thereupon the Board shall grant him exemption from passing in such of the subjects of the Solicitors' Board examinations as it considers equivalent to subjects already passed by that person at any examination and such further exemptions, if any, as it may consider proper in the circums~nces of his case.
(b) In respect of any such person who has passed the said intermediate examination for solicitors on or before the thirty-first day of December, one thousand nine hundred and sixty-eight, it shall not be necessary for that person to have completed seven ears of service as required for the first section of the final examination for solicitors.
(c) ff any such person has passed the said intermediate examination for solicitors on or before the thirty-first day of December, one thousand nine hundred and sixty-ei~ht, but has not passed the said second section of the final examination for solicitors on or before the thi~y-first day of December, one th~usand nine hundred and seventy, the Board shall grant him exemption from passing in such of the su~jects of the Solicitors' Board examinations as it considers equivalent to subjects already passed by that person at any examinati~n and such further exemptions, if any, as it may consider proper in the circumstances of his case.
(2) (a) The provisions of section 9 of The Legal ~ r a c t ~ t i o ~ e r s Act Amendment Act of1938 as in force immediately after the passing of
f.
or solicitors referred to in the said section. 9 on or before the thirty-by subsection (4) of the said section 9 be
f"
ore he may present himself6 S , 9 LEGAL ~ R A ~ T I T r ~ ~ E R S ACTS A ~ E ~ ~ ~ E N T ACT 1968-1985 S. 9
The Legal Practitioners Acts A m e n d m e n t Act of 1961 shall, n o t ~ i t h s t a n ~ i n g section 3 of this Act, apply (and it i s hereby declared always to have applied) to and in respect of any person who is serving or has served in any ofice mentioned in subsection (1) of the said section 9 and who is pursuing the Articled Clerks’ Course, and for that purpose such provisions shall be deemed to continue in force but such provisions shall cease to apply to and in respect of any such person who has not. completed the Articled Clerks’ Course on or before the thirty-first day of December, one thousand nine hundred and seventy- seven:
Provided that any such person may at any time before the thirty- first day of December, one thousand nine hundred and seventy, elect to take the benefit of the provisions of this Act and thereupon the Board shall grant him exemption from passing in such of the subjects of the Solicitors’ Board exami~ations as it considers equivalent to subjects already passed by that person at any examination and such further exemptions, if any, as it may consider proper in the ~ircumstances of his case.
(b) If any such person has not completed the Articled Clerks’
Course on or before the thirty-first day of December, one thousand nine hundred and seventy-seven, the Board shall grant him exemption from passing in such of the subjects of the Solicitors’ Board examinations as it considers equivalent to subjects already passed by that person at any examination and such further exemptions, if any, as it may consider proper in the circumstances of his case.
(e) In this subsection the expression “Articled Clerks’ Course”
means the course of study referred to by that expression in the rules relating to admission of solicitors, in force, immediately prior to the Rules of Court.
BY AUTHORITY
S. R. HAMPSON, ~ O V E R N M ~ N T PRINTER, QUEENSLAND-1988
75367 ( r j u l Z 8 ) ~ / 8 7
