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Legislative Assembly for the ACT: 1997 Week 6 Hansard (17 June) . . Page.. 1687 ..

MR HUMPHRIES (continuing):

Members will have noticed that the legislation deals only with solicitors. Barristers are not regulated as yet under this regime. The reason is that barristers in the ACT are not subject to registration at all. Their regime is very different from that of solicitors, who are governed by the Law Society. In New South Wales, however, barristers are issued with practising certificates and the New South Wales Bar Association operates, in that sense, differently from the ACT Bar Association.

I am advised that the New South Wales Bar Association has, fairly lately, objected to the making of a declaration that would make the ACT Act a corresponding law for the purposes of the New South Wales Act. They have two concerns about the situation. One is that they object to the fact that ACT barristers do not have practising certificates. They also apparently have a wider concern and do not want to issue practising certificates to barristers in those jurisdictions where barristers do not hold a practising certificate.

My advice, Mr Speaker, is that those grounds of objection are misconceived. The operation of the legislation we are passing today has the effect only of providing that New South Wales barristers should be able to practise in the ACT. It does not, of itself, allow ACT barristers to practise in New South Wales. At the moment most barristers - in fact, all barristers - who would want to practise in New South Wales, I believe, would have obtained right of admission to appear in New South Wales courts. That is an issue outside the scope of this legislation. It may become part of the scope of the legislation when issues to do with the regulation, if any, of the ACT bar are dealt with in the future. Those issues have not been resolved as yet.

I think it is only right to alert members to the fact that the New South Wales Bar Association at this point is not supporting a recommendation to the New South Wales Government that the ACT legislation we are now considering be made a corresponding law. I am confident that we can overcome the concerns that have been raised by the Bar Association in New South Wales. I commend the legislation before the house today and undertake to keep the house informed of any developments in this area that might necessitate amendments to our legislation. At this point I am not convinced that there is any need to amend our legislation in respect at least of solicitors.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

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