Prior to the commencement of the Legal Profession Uniform Law (NSW) on 1 July 2015, government lawyers in NSW were exempt from the requirement to be admitted or to hold a practising certificate in order to engage in legal practice. 

There is no equivalent exemption under the Uniform Law.  This means that some government lawyers in NSW will soon be required to become admitted and to hold a practising certificate (including some Australian Government and local government lawyers). 

The intention behind this change is to regulate all persons engaged in legal practice and ensure they comply with regulatory obligations such as undertaking continuing professional development.  The Uniform Law requirements for practising certificates also make it easier for legal practitioners to move between private, in-house and government practice.

The NSW Government has introduced transitional arrangements which will help to manage the impact of this change.  While some government lawyers will have a permanent exemption from the requirement to become admitted and to hold a practising certificate, others will have only a transitional exemption for a limited period of time.  The exemptions are set out in clause 19 of the Legal Profession Uniform Law Application Regulation 2015. 

The attached fact sheet contains information about:

• to whom the permanent and transitional exemptions apply
• how to notify the NSW Legal Profession Admission Board if practising as a government lawyer pursuant to the transitional exemptions
• how to apply for admission as a lawyer, and
• the definition of ‘government lawyer’ and where to find more information.