Lawyers stepping away from legal practice should make sure they understand the different implications in surrendering or cancelling their practicing certificate before they take their next step.
Amy Hayes, QLS Director Licensing, Operations and Policy said there are significant consequences that flow from actively cancelling or surrendering a practising certificate that do not arise if a certificate is simply allowed to lapse.
“Because of the way the Legal Profession Act operates, a practicing certificate lapse occurs automatically and does not involve a decision by the Society,” she said.
“As a result, no suitability matter arises for future practising certificate applications.
“So, for practitioners taking a break from practice, for example to take maternity leave, allowing the certificate to lapse will often be the better option when it comes time to resume practice.”
Ms Hayes said this is different to cases where a practitioner applies to cancel their certificate as that requires the QLS to give written notice cancelling the certificate.
“Once cancelled, the practitioner becomes a disqualified person under the Act and the cancellation becomes a suitability matter that must be disclosed upon a future application for a grant of a practising certificate,” she said.
“Practitioners should carefully consider whether surrender or cancellation is necessary, or whether simply allowing a practising certificate to lapse will better reflect their intentions and avoid unintended effects.”
A full outline of the options and implications can be found on the QLS website and for further guidance practitioners should consult the Legal Profession Act or contact the Society’s Licensing team.
Share this article