Legal Profession (Admission) Rules 2008

VersionNo. 003

Legal Profession (Admission) Rules 2008

S.R. No. 15/2008

Version incorporating amendments as at
2 September 2013

table of provisions

RegulationPage

Part 1—Preliminary

1.01Objectives

1.02Authorising provision

1.03Commencement

1.04Revocation

1.05Definitions

1.06Academic and legal training requirements for admission

Part 2—Academic Qualifications Required for Admission

Division 1—Academic qualifications

2.01Approved academic qualifications

Division 2—Approval of academic institutions

2.02Approved academic institutions

2.03Monitoring and review

Division 3—Approval of course of study

2.04Approval of course of study

2.05Approval of subjects

Part 3—Practical Legal Training Required for Admission

Division 1—Practical legal training

3.01Practical legal training

Division 2—Practical legal training providers and courses

3.02Approval of PLT providers

3.03Monitoring and review of approved PLT provider

3.04Approval of training course

Division 3—Supervised workplace training

3.05Persons eligible to be a supervisor

3.06Where supervised workplace training may take place

3.07Obligations of a trainee's employer

3.08Permitted number of trainees

3.09What supervised workplace training requires

3.10Employment during supervised workplace training

3.11Leave of absence

3.12Content of training plan

3.13Information to be supplied to Board of Examiners

3.14Approval of supervised workplace experience and training
plan by Board of Examiners

3.15Termination of supervised workplace training

Part 4—Qualifications for Overseas Applicants

Division 1—Qualified overseas applicants

4.01Academic qualifications and practical legal training required
for admission

4.02Application for directions

Division 2—Overseas practitioners

4.03Academic qualifications and practical legal training required
for admission

4.04Application for directions

Division 3—Directions by Council

4.05Directions by Council

4.06Specification of time for application for admission

Part 5—Admission Procedure

Division 1—Local applicants

5.01Notice of intention to apply for admission

5.02Documents in support of admission

Division 2—Qualified overseas applicants

5.03Documents in support of admission

Division 3—Interstate and New Zealand practitioners

5.04Mutual recognition admissions

Division 4—Overseas practitioners

5.05Documents in support of admission

Division 5—Consideration of applications

5.06Recommendation of Board of Examiners

Division 6—Altering requirements of the Rules

5.07Alteration of requirement by Board of Examiners

Part 6—General

6.01Council or Board may make inquiries

6.02Council or Board may act on advice of others

6.03Service of notices

Part 7—Transitional and Savings Provisions

7.01Definition

7.02Saving of determinations etc. under former rules

7.03Compliance with former rules

7.04Resolution of issues arising under former rules

______

SCHEDULES

SCHEDULE 1—Rules Revoked

SCHEDULE 2—Academic Areas of Knowledge

SCHEDULE 3—PLT Competency Standards

SCHEDULE 4—Employers—Affidavit Verifying Supervised
Workplace Training

SCHEDULE 5—All Applicants for Admission—Notice of Intention
to Apply for Admission

SCHEDULE 6—Employers—Affidavit of Completion of Supervised Workplace Training

SCHEDULE 7—Supervisors—Affidavit of Compliance with Training Plan

SCHEDULE 8—Local Applicants or Qualified Overseas Applicants—Affidavit in Support of Application for Admission

SCHEDULE 9—Affidavit as to Character

SCHEDULE 10—Statement of Overseas Practitioner Applying for Admission

SCHEDULE 11—Mutual Recognition Applicants—Certificate of
Board of Examiners

SCHEDULE 12—Overseas Practitioner Applicants—Affidavit as to Qualifications for Admission

SCHEDULE 13—Overseas Practitioner Applicants—Affidavit of Employment as a Law Clerk

SCHEDULE 14—All Applicants (Other than Mutual Recognition Applicants)—Certificate and Recommendation of Board of Examiners

SCHEDULE 15—Form of Training Plan

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

VersionNo. 003

Legal Profession (Admission) Rules 2008

S.R. No. 15/2008

Version incorporating amendments as at
2 September 2013

Legal Profession (Admission) Rules 2008

S.R. No. 15/2008

Part 1—Preliminary

1.01Objectives

The objectives of these Rules are to provide for—

(a)the academic qualifications required for admission to the legal profession;

(b)the legal training required for admission to the legal profession;

(c)the procedural requirements for applying for admission to the legal profession.

1.02Authorising provision

These Rules are made under section 2.3.12 of the Legal Profession Act 2004.

1.03Commencement

These Rules come into operation on 1 July 2008.

1.04Revocation

The Rules set out in Schedule 1 are revoked.

1.05Definitions

(1)In these Rules—

acceptable deponent in relation to an applicant for admission, means a person (other than a person who has, for the purposes of these Rules, supervised the applicant during any period of supervised workplace training or as a law clerk) who—

(a)is described in section 107A of the Evidence Act 1958and who has known the applicant for not less than 12months; or

(b)is or was employed at a secondary or tertiary teaching institution and by whom the applicant has been taught for not less than the equivalent of one year of tertiary studies or one of the 2 final years of secondary studies;

admissionwhen used in relation to Victoria,means admission by the Supreme Court under theAct as a lawyer;

r. 1.05

approved academic institutionmeans an academic institution approved under rule2.02;

approved course of study means a course of study approved under rule 2.04;

approved PLT course means a course approved under rule 3.04;

approved PLT provider means an institution approved under rule 3.02;

approved subject means a subject approved under rule 2.05;

LACC means Law Admissions Consultative Committee responsible to the Council of Chief Justices of Australia and New Zealand;

Rule 1.05(1) def.of
local applicant amendedby S.R. No. 106/2013 rule4.

local applicantmeans a person—

(a)who has not previously been admitted to the legal profession in any jurisdiction in Australia (other than Victoria); and

(b)who wishes to be admitted on the basis of academic qualifications and practical legal training obtained in Australia;

mutual recognition legislation means—

(a)in the case of an interstate practitioner, the Mutual Recognition Act 1992 of the Commonwealth as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998;

(b)in the case of a New Zealand practitioner, the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, as adopted under section4 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998;

New Zealand practitionermeans a person who is admitted and, at the time of application for admission under these Rules, is entitled or eligible to practise as a legal practitioner in New Zealand;

r. 1.05

overseas practitioner means a person who is admitted and, at the time of application for admission under these Rules, is entitled to or eligible to practise as a legal practitioner in a place outside Australia;

qualified overseas applicant means a person (other than an overseas practitioner)—

(a)who has not previously been admitted to the legal profession in any jurisdiction; and

(b)who wishes to be admitted on the basis of academic qualifications and practical legal training obtained wholly or principally outside Australia;

supervised workplace training means training undertaken by a trainee under Division 3 of Part 3;

supervisor means a person who is eligible under rule 3.05 to be a supervisor;

the Act means the Legal Profession Act 2004;

traineemeans an eligible person under rule 3.01(2) who undertakes supervised workplace training in accordance with a training plan;

training plan means a training plan executed in accordance with rule 3.07(1)(b).

(2)A reference in the definitions respectively of New Zealand practitioner and overseas practitioner to a person who is eligible to practise as a legal practitioner in New Zealand or in another place outside Australia includes a practitioner who does not have a current practising certificate in New Zealand or that other place (as the case requires) but who would be entitled to obtain a certificate as a matter of course, after applying for a certificate and paying the required fee.

1.06Academic and legal training requirements for admission

r. 1.06

(1)The academic qualifications required for admission are set out in Part 2.

(2)The legal training required for admission is set out in Part 3.

______

Part 2—Academic Qualifications Required for Admission

Division 1—Academic qualifications

2.01Approved academic qualifications

r. 2.01

(1)The academic qualifications approved for admission to the legal profession in Victoria are—

(a)successful completion of a course of study approved under rule 2.04, that includes subjects approved under rule 2.05, provided by an institution approved under Division 2, which requires a student to acquire and demonstrate appropriate understanding of, and competence in, each element of the academic areas of knowledge—

(i)set out in Schedule 2; or

(ii)otherwise determined by the Council after considering any relevant recommendation of the LACC; and

(b)that the applicant has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria.

(2)The Council may require an applicant to pass an examination specified by the Council for the purposes of subrule (1)(b).

(3)The Board of Examiners may determine that an applicant is not required to satisfy the requirements specified in subrule (1)(a) if the Board of Examiners is satisfied that the applicant has an appropriate understanding of, and competence in, each element of the areas of knowledge referred to in that subrule.

Division 2—Approval of academic institutions

2.02Approved academic institutions

r. 2.02

(1)Subject to subrule (3), each of the following is an approved academic institution—

(a)The University of Melbourne;

(b)MonashUniversity;

(c)La TrobeUniversity;

(d)DeakinUniversity;

(e)VictoriaUniversity;

(f)Royal Melbourne Institute of Technology;

(g)any other tertiary institution in Victoria designated by the Council;

(h)any institution recognised by another Australian jurisdiction as providing a course of study which—

(i)satisfies the academic requirements for admission in that jurisdiction; and

(ii)requires a student to acquire and demonstrate an appropriate understanding of, and competence in, each element of the academic areas of knowledge referred to in rule 2.01.

(2)The Council may only designate an institution under subrule (1)(g) if the Council is satisfied that the institution will competently provide an approved course of study in law.

(3)The Council may, by notice in writing to an academic institution—

(a)withdraw approval of that academic institution; or

(b)impose or vary any condition on the approval of that academic institution, which the Council thinks fit, including any condition resulting from—

(i)any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or

(ii)any review of that institution under rule2.03.

2.03Monitoring and review

r. 2.03

(1)The Council may monitor and, if it considers it reasonable to do so, from time to time, review—

(a)the performance of, and the resources available to, an approved academic institution, in providing an approved course of study; and

(b)the content and conduct of an approved course of study or any approved subject provided by the institution.

(2)The Council may, after consulting an approved academic institution—

(a)appoint one or more persons to conduct a review of the approved course of study or of any subject in an approved course of study conducted by that academic institution; and

(b)determine the terms of reference for any such review.

(3)The Council must provide the approved academic institution with a copy of any report received by the Council, as a result of a review.

(4)It is a condition of approval of each approved academic institution that, unless the Council determines otherwise, the cost of any such monitoring or review must be borne by the institution.

(5)An approved academic institution must provide such information to the Council or its reviewer as the Council or reviewer may require, for the purpose of any monitoring or review carried out under this rule.

Division 3—Approval of course of study

2.04Approval of course of study

r. 2.04

(1)The Council may approve a course of study which the Council considers will provide a student with an appropriate understanding of, and competence in, each element of the areas of knowledge referred to in rule 2.01(1)(a).

(2)Subject to rule 2.02(3) and subrule (3), a course of study for obtaining the degree of Bachelor of Law or the equivalent qualification (by whatever name, and whether offered to undergraduate or graduate students) conducted by an academic institution referred to in rule 2.02(1)(a) to (g), as it was comprised and conducted immediately before these Rules came into operation, is an approved course of study.

(3)The Council may, by notice in writing to an approved academic institution—

(a)withdraw approval of any course of study; or

(b)impose or vary any condition on the approval of a course of study which the Council thinks fit, including any condition resulting from—

(i)any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or

(ii)any review of the approved course of study or of any subject in an approved course of study under rule 2.03.

2.05Approval of subjects

r. 2.05

(1)The Council may approve any subject or part of a subject in either—

(a)a course of study approved under rule 2.04; or

(b)a course of study at any other institution—

as providing a student with appropriate understanding of, and competence in, the whole or any part of an area of knowledge referred to in rule 2.01(1)(a).

(2)The Council may, as the Council thinks fit, by notice in writing to an approved academic institution—

(a)withdraw approval of any subject or part of a subject; or

(b)impose or vary any condition on the approval of that subject or part of a subject, including any condition resulting from—

(i)any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or

(ii)any review under rule 2.03.

(3)If a person commences an approved course of study incorporating an approved subject and satisfactorily completes the subject, the person is to be treated as having completed an approved subject, despite withdrawal of approval after the person has commenced the subject.

______

Part 3—Practical Legal Training Required for Admission

Division 1—Practical legal training

3.01Practical legal training

r. 3.01

(1)The practical legal training approved for admission to the legal profession in Victoria, is—

(a)successfully completing either—

(i)an approved PLT course conducted by an approved PLT provider, in accordance with Division 2; or

(ii)supervised workplace training, in accordance with Division 3; and

(b) acquiring and demonstrating to the satisfaction of the Board of Examiners an appropriate understanding of and competence in each element of the skills, values and practice areas—

(i)set out in Schedule 3; or

(ii)otherwise determined by the Council after considering any relevant recommendation of the LACC.

(2)A person is eligible to undertake practical legal training under this Part, if the person has completed—

(a)an approved course of study at an approved institution, in accordance with Part 2; or

(b)some other tertiary qualification in law which is sufficient for the purposes of satisfying the academic requirements for admission to the legal profession in the Australian jurisdiction where the relevant tertiary qualification was obtained.

Division 2—Practical legal training providers and courses

3.02Approval of PLT providers

r. 3.02

(1)The Council may approve an institution as an approved PLT provider only if the Council is satisfied that the institution will competently conduct an approved PLT course.

(2)The Council may, as the Council sees fit, by notice in writing to a PLT provider—

(a)withdraw approval of that PLT provider; or

(b)impose or vary any condition on the approval of that PLT provider, including any condition resulting from—

(i)any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or

(ii)any review under rule 3.03.

3.03Monitoring and review of approved PLT provider

(1)The Council may monitor, and, if it considers it reasonable to do so, from time to time review—

(a)the performance of, and the resources available to, an approved PLT provider in providing an approved PLT course; and

(b)the content and conduct of an approved PLT course, or any subject in an approved PLT course, provided by the PLT provider.

(2)The Council may, after consulting an approved PLT provider—

(a)appoint one or more persons to conduct a reviewof the approved PLT course or of any subject in an approved PLT course conducted by that PLT provider; and

(b)determine the terms of reference for any such review.

(3)The Council must provide the approved PLT provider with a copy of any report received by the Council, as a result of a review.

(4)It is a condition of approval of each approved PLT provider that, unless the Council determines otherwise, the costs of any such monitoring or review must be borne by the provider.

(5)An approved PLT provider must provide such information to the Council or its reviewer as the Council or reviewer may require, for the purpose of any monitoring or review carried out under this rule.

3.04Approval of training course

r. 3.04

(1)The Council may approve a course which the Council considers will provide an appropriate understanding of, and competence in each element of—

(a)the compulsory skills, values and practice areas; and

(b)some, or all, of the optional practice areas—

referred to in rule 3.01(1)(b).

(2)The Council may approve a course which is to be conducted wholly or partly online.

(3)The Council may, as the Council thinks fit by notice in writing to an approved PLT provider—

(a)withdraw approval for a course; or

(b)impose or vary any condition on the approval of that course, including any condition resulting from—

(i)any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or

(ii)any review of an approved PLT course or subject under rule 3.03.

(4)If a person commences a course approved by the Council and satisfactorily completes the course, the person is to be treated as having completed an approved course, despite withdrawal of approval of the course or of the PLT provider, after the person commenced the course.

Division 3—Supervised workplace training

3.05Persons eligible to be a supervisor

r. 3.05

(1)A person may supervise a trainee for the purposes of these Rules if the person is an Australian lawyer engaged—

(a)in legal practice; or

(b)as a Government, corporate, commercial or community legal officer—

working principally in Victoria, who has worked as either or both of—

(d) a practising barrister, or in the manner of a barrister—

for a total of at least 5 years, of which at least 3years were spent in either or both of practice as a solicitor, or working in the manner of a solicitor.

(2)The Board of Examiners may approve (either generally or in relation to a particular trainee, and either on the application of a person or on its own initiative)—

(a)a Judge of—

(i)the High Court; or

(ii)the Federal Court; or

(iii)the Supreme Court of Victoria; or

(iv)the County Court of Victoria; or

(b) any Australian lawyer, other than a person referred to in subrule (1), who has worked as either or both of—

(i)a practising solicitor, or in the manner of a solicitor; or

(ii)a practising barrister, or in the manner of a barrister—

for a total of at least 5 years, of which at least 3 years were spent in either or both of practice as a solicitor, or working in the manner of a solicitor—

r. 3.05

whom the Board of Examiners considers to have appropriate qualifications and experience to be a supervisor,and to be able to provide a trainee with appropriate supervised workplace training.

(3) If a person referred to in subrule (1) or (2)(b) has not engaged in legal practice within the last 5years, the person will not be eligible to supervise a trainee until the person has engaged in legal practice for at least 1 further year.

(4)Supervised workplace training under the successive supervision of more than 1 supervisor may be undertaken, only if the arrangement for such successive supervision is—

(a)set out in the training plan; or

(b)approved in advance by the Board of Examiners; or

(c)subsequently set out in the affidavit referred to in rule 5.02(1)(a)(i) or rule 5.03(2)(a)(i), as the case requires.

(5)Successive supervision referred to in subrule (4) may take place in different places within Australia if the proposed arrangement is—