Information about what to disclose when renewing or applying for a practising certificate.
No. If you have disclosed something to us previously you don’t need to do this each time you renew.
You must be a fit and proper person to hold a practising certificate. In considering whether you are fit and proper, we may take into account any matter we think is appropriate. Please refer to Rule 13 of the Rules when completing your application for a full description of matters that we can take into account.
Case law generally affirms that honesty, candour and frankness are particularly relevant to a person’s fitness and propriety. Mental illness is not relevant where it is appropriately managed, and has no impact on your capacity to engage in legal practice.
You should disclose any matter that relates to serious dishonesty, such as criminal charges, pending criminal proceedings, misconduct, contempt of court, etc. You are not required to disclose things like parking fines or speeding tickets, unless the circumstances or frequency of the offending indicate a disregard for the law (for example, multiple fines over the course of a few months).
If any of the matters referred to above are applicable to you, or if there are any other matters which you think may be relevant, please attach a written statement addressing each of these matters to the application or renewal form.
If you have previously disclosed matters to us these don't need to be disclosed again at renewal.
Automatic show cause events refer to a ‘bankruptcy-related event’, ‘serious criminal offence’ and ‘tax offence’.
If an automatic show cause event has happened to you prior to this application, you must disclose this by providing us with a written statement about the event, explaining why, despite the event, you consider yourself to be a fit and proper person to hold a certificate. A ‘Notice of show cause event’ form is available to assist you.
If you have already disclosed a show cause event to us, you don’t need to do this again.
Please note, if a show cause event happens during the practising certificate period, you must disclose this to us within 7 days.
We may refuse to grant or renew an Australian practising certificate if:
- you fail to provide a written statement (as outlined above); or
- you have provided a written statement, but we do not consider that you have shown in the statement that you are a fit and proper person to continue to hold a practising certificate.