Restricted Practising Certificates

The following criteria apply to practitioners holding restricted practising certificates:

• Magistrates Court matters involving only summary charges may be assigned to a practitioner in the first year of a restricted practicing certificate. That practitioner may act as solicitor and counsel.
• Magistrates Court matters involving only minor indictable charges, or a combination of minor indictable and summary charges, may be assigned to a practitioner in the second year of a restricted practicing certificate provided the Commission is informed of the nature of the matter, approves it to be undertaken by the named practitioner and is satisfied that the junior practitioner is properly supervised. That practitioner may act as solicitor and counsel
• District and Supreme Court matters will only be assigned to a legal practitioner holding an unrestricted practicing certificate. The Commission acknowledges that on occasions junior practitioners working at a firm may be undertaking specific tasks on a legally aided file as a solicitor, but the Commission expects that the junior practitioner will be properly supervised in the conduct of these tasks. Counsel attendances in Court must be by a practitioner holding an unrestricted practicing certificate.
• Matters arising under the Guardianship and Administration Act 1993 and the Mental Health Act 2009 may be assigned to a practitioner holding a restricted practising certificate to act as solicitor and counsel where:
  • the practitioner is a member of the Guardianship and Mental Health Representation Panel, and
  • the matter either:
    • is a review of an order under section 81 of the Mental Health Act 2009, or
    • is to be heard in the South Australian Civil and Administrative Tribunal (SACAT) in the exercise of its original jurisdiction, and
  • the Commission is satisfied that the practitioner will be properly supervised.
• Practitioners should inform the Commission as soon as an unrestricted practising certificate is obtained.