Section 56 of the Legal Profession Act 2004 – ‘specified class’. 

RESOLVED that the ‘specified class’ for the purpose of s56(1)(b) of the Legal Profession Act 2004 include:

1. a barrister who has continuously held a New South Wales barrister’s practising certificate for not less than seven years, and

2. a barrister who has not yet been appointed Senior Counsel at the beginning of the reader’s reading period.

FURTHER RESOLVED that the Executive Director, in consultation with the Bar Council Executive and others as he believes appropriate, act on behalf of the Council in respect of applications to be a Tutor where the barrister has continuously held a NSW barrister’s practising certificate more than five but less than seven years.

Barristers who have been the subject of an adverse finding by the Administrative Decisions Tribunal or Supreme Court, who had been reprimanded in the past seven years, or who had conditions attached to their practising certificate within the past seven years, (other than the standard conditions applying to readers, academics and Crown officers), should not be on the statutory list of tutors (s56(1)(b) of the Legal Profession Act 2004) unless the Bar Council had specifically agreed to their being on the list.

A tutor must be a full-time practising New South Wales barrister. The tutor need not be a member of The New South Wales Bar Association.