Legal Profession (Board of Legal Education) Amendment Rules 2003

Legal Profession (Board of Legal Education) Amendment Rules 2003

The Board of Legal Education makes the following rules under the Legal Profession Act 1993 .

1.   Short title

These rules may be cited as the Legal Profession (Board of Legal Education) Amendment Rules 2003 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these rules, the Legal Profession (Board of Legal Education) Rules 1994 are referred to as the Principal Rules.

4.   Rule 13 amended (Equivalent qualifications)

Rule 13 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1)(a) "of" first occurring and substituting "referred to in";

(b) by omitting from subrule (2)(a) "of" first occurring and substituting "referred to in".

5.    Part 3A inserted

After rule 17 of the Principal Rules , the following Part is inserted:

PART 3A - Overseas Applicants

17A.   Applicants admitted in other jurisdictions

(1)  If a person is admitted as a barrister or solicitor, or barrister and solicitor, in an overseas jurisdiction (other than New Zealand), he or she may apply to the Board for a direction as to what further academic or practical requirements, if any, must be met in order to satisfy the Board under section 27(1)(b)(ii) or 28(1)(b)(ii) of the Act that he or she has qualifications and professional experience substantially equivalent to the requirements referred to in section 23 , 24 or 25 of the Act.

(2)  The application must be accompanied by an affidavit or statutory declaration –

(a) stating the nature and details of the applicant's academic qualifications, practical qualifications and professional experience; and

(b) providing original or authenticated documentary evidence that the applicant has the academic and practical qualifications relied upon; and

(c) providing original or authenticated documentary evidence of the applicant's admission in the overseas jurisdiction; and

(d) stating that the applicant is currently admitted and entitled to practice in the overseas jurisdiction, has not at any stage been struck off the roll of practitioners or otherwise suspended from practice and is not presently subject to a disciplinary inquiry or proceedings; and

(e) describing the nature, range, duration and character of the applicant's practice in the overseas jurisdiction; and

(f) stating whether the applicant has applied for a like direction, or admission, in any other Australian jurisdiction and the result of any such application.

(3)  On receipt of the application, the Board, having regard to such considerations as it thinks fit, may –

(a) give the direction; or

(b) advise the applicant that he or she is not required to meet any further academic or practical requirements; or

(c) refuse to give the direction.

(4)  If subrule (3)(a) applies, the applicant may make an application under rule 13(1)(a) once he or she has met the further requirements specified in the direction.

(5)  If subrule (3)(b) applies, the Board may deal with the application as if it were an application under rule 13(1)(a) .

(6)  If subrule (3)(c) applies, the Board is to notify the applicant of the refusal and the reasons for the refusal.

17B.   Applicants with qualifications gained outside Australia but not admitted

(1)  If a person –

(a) is qualified by qualifications gained outside Australia to be admitted as a solicitor or a barrister and solicitor in an overseas jurisdiction (including New Zealand); but

(b) has not been so admitted –

he or she may apply to the Board for a direction as to what further academic or practical requirements, if any, must be met in order to satisfy the Board under section 27(1)(b)(ii) of the Act that he or she has qualifications and professional experience substantially equivalent to the requirements referred to in section 23 , 24 or 25 of the Act.

(2)  The application must be accompanied by an affidavit or statutory declaration –

(a) stating the nature and details of the applicant's academic qualifications, practical qualifications and professional experience; and

(b) providing original or authenticated documentary evidence that the applicant has the academic and practical qualifications relied upon; and

(c) stating whether the applicant has applied for a like direction, or admission, in any other Australian jurisdiction and the result of any such application.

(3)  On receipt of the application, the Board, having regard to such considerations as it thinks fit, may –

(a) give the direction; or

(b) advise the applicant that he or she is not required to meet any further academic or practical requirements; or

(c) refuse to give the direction.

(4)  If subrule (3)(a) applies, the applicant may make an application under rule 13(1)(a) once he or she has met the further requirements specified in the direction.

(5)  If subrule (3)(b) applies, the Board may deal with the application as if it were an application under rule 13(1)(a) .

(6)  If subrule (3)(c) applies, the Board is to notify the applicant of the refusal and the reasons for the refusal.

17C.   Fee payable on application

The fee payable on an application to the Board under rule 17A or 17B is $200.

17D.   Sufficient proficiency in English

If the first language of an overseas applicant is not English, the applicant must satisfy the Board that he or she has sufficient proficiency in written and spoken English to practise in Australia.

These rules were made by the Board of Legal Education at a meeting held on 26 August 2003.

The common seal of the Board of Legal Education was affixed on 26 August 2003, in the presence of –

E. Crawford

Member

B. J. Morgan

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 September 2003

These rules are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the rule)

(a) enabling overseas applicants to apply to the Board for directions regarding certain admission requirements; and

(b) prescribing the fee payable on such an application; and

(c) providing that overseas applicants must satisfy the Board that they have sufficient proficiency in English to practise law in Australia; and

(d) making a minor consequential amendment.