QLS Policies and Guidelines on regulatory matters

ILP legal practitioner director appointments

These guidelines relate to the content for applications to appoint a legal practitioner director to an Incorporated Legal Practice – s119(5) Legal Profession Act 2007

Exemption from or reduction of supervised legal practice

Guidance on, and outlines the conditions under which, QLS will grant an exemption from, or reduce the relevant period relating to the statutory condition of supervised legal practice on a local practising certificate in accordance with s56(3) of the Legal Profession Act 2007.

Disqualified lay associates

A law practice must not employ a disqualified lay associate without consent of the Council. An offence against s26 of the Legal Profession Act 2007 carries a maximum penalty of 200 penalty units ($15,000), so it is imperative that law practices take appropriate action to ensure they do not contravene the Act.

Guidelines for employing disqualified or convicted persons and for making applications to the Law Society for approval to employ disqualified and convicted persons are available.

Mental Health Policy

This policy sets out the QLS's approach to solicitors with mental health issues.  The purpose of this policy is to encourage such solicitors to voluntarily seek appropriate treatment and to only require disclosure where there is a material mental impairment that affects the solicitor’s capacity to engage in legal practice.

Show Cause Procedure

This document sets out the Society’s procedure after it receives notice from a legal practitioner to whom it has issued a current practising certificate (certificate holder), under s57 of the Legal Profession Act 2007 that they have been charged with a serious offence to ensure the Society keeps under consideration the fitness to practice of the certificate holder up to the determination of the charges.

What you must disclose when applying for a PC

There is information solicitors are required from time to time to disclose to the Society, especially when applying for a grant or renewal of their practising certificate. This document identifies those requirements.

Bankruptcy Guidelines

These are guidelines to be observed by the Society’s Council in exercising its discretionary powers pursuant to the Legal Profession Act 2007 (LPA) in relation to insolvent practitioners. They are guidelines only. Regard must be had to the circumstances of each case. Practitioners should be aware of their obligations upon becoming an insolvent under administration as set out in ss67 and 68 LPA.

The guidelines commence operation on 1 July 2025. All practising certificate holders becoming insolvent should use Form7 (LPA) to advise the Society and meet their obligation under s68(1)(a) LPA. The form is to be found in the Forms Library.