Legal Profession (Board of Legal Education) Amendment Rules 2005

Legal Profession (Board of Legal Education) Amendment Rules 2005

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 2005 .

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 3 amended (Interpretation)

Rule 3 of the Principal Rules is amended as follows:

(a) by inserting the following definition after the definition of chairperson :

combined law degree means a Bachelor of Laws that is combined with another degree;

(b) by omitting "rule 5." from the definition of specified subject and substituting " rule 5 ;";

(c) by inserting the following definition after the definition of specified subject :

straight law degree means a Bachelor of Laws that is not combined with another degree.

5.    Rule 5 substituted

Rule 5 of the Principal Rules is rescinded and the following rule is substituted:

5.   Subjects

(1)  The following subjects are the subjects which a person who commenced a straight law degree before 2005, or a combined law degree before 2004, must pass for admission under Part 5 of the Act:

(a) Contract;

(b) Torts;

(c) Criminal Law;

(d) Property Law or both of the following subjects:

(i) Property Law A;

(ii) Property Law B;

(e) Principles of Public Law or both of the following subjects:

(i) Constitutional Law 1;

(ii) Administrative Law;

(f) Equity and Trusts;

(g) Corporations Law 1;

(h) Litigation or both of the following subjects:

(i) Evidence;

(ii) Criminal and Civil Procedure;

(i) Mooting;

(j) one subject chosen from each of the groups of subjects specified in Part 1 of Schedule 1 .

(2)  The following subjects are the subjects which a person who commences a straight law degree during or after 2005, or a combined law degree during or after 2004, must pass for admission under Part 5 of the Act:

(a) Contract or both of the following subjects:

(i) Contract A;

(ii) Contract B;

(b) Torts or both of the following subjects:

(i) Torts A;

(ii) Torts B;

(c) Criminal Law or both of the following subjects:

(i) Criminal Law A;

(ii) Criminal Law B;

(d) Property Law A;

(e) Property Law B;

(f) Administrative Law;

(g) Constitutional Law 1;

(h) Constitutional Law 2;

(i) Trusts;

(j) Equity;

(k) Corporations Law 1;

(l) Evidence;

(m) Criminal and Civil Procedure;

(n) Professional Conduct;

(o) Mooting;

(p) one subject chosen from each of the groups of subjects specified in Part 2 of Schedule 1 .

(3)  A person may apply to the Board to –

(a) accept other subjects than the specified subjects; or

(b) exempt the person from passing a specified subject.

(4)  On receipt of the application referred to in subrule (3) , the Board may –

(a) accept other subjects; or

(b) exempt the person from passing a specified subject.

6.    Rule 6 rescinded

Rule 6 of the Principal Rules is rescinded.

7.    Rule 7 amended (Examinations of articled clerks)

Rule 7(2) of the Principal Rules is amended by omitting "after the first examination referred to in rule 6(1) ".

8.    Rule 8 rescinded

Rule 8 of the Principal Rules is rescinded.

9.    Schedule 1 substituted

Schedule 1 to the Principal Rules is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Elective subjects

Rule 5

PART 1 - ELECTIVES: GROUPS OF SUBJECTS FOR PERSONS WHO COMMENCED A STRAIGHT LAW DEGREE BEFORE 2005 OR A COMBINED LAW DEGREE BEFORE 2004

	Group A
1.	Jurisprudence A
2.	Jurisprudence B
3.	Criminology
4.	Sociology of Law
5.	Comparative Law
6.	Legal History
7.	Any other subject in the Group A schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group B
1.	International Law
2.	Law of the Oceans and the Antarctic
3.	Human Rights
4.	Law of Nations
5.	Law of the European Union
6.	Any other subject in the Group B schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group C
1.	Environmental Law: Developmental Control
2.	International Environmental Law and Policy
3.	Labour Law
4.	Media Law
5.	Advanced Constitutional Law
6.	Comparative Administrative Law
7.	Any other subject in the Group C schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group D
1.	Commercial Law
2.	Tax 1
3.	International Trade
4.	Intellectual Property
5.	Corporations Law 2
6.	Consumer Protection
7.	Tax 2
8.	Information Technology Law
9.	Financial Institutions Law
10.	Competition Law
11.	Insurance and Superannuation Law
12.	Any other subject in the Group D schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group E
1.	Family 1 – The Family and the Child
2.	Family 2 – Financial Aspects of Family Law
3.	Succession
4.	Conflicts
5.	Law and Ethics of Health Care
6.	Sentencing
7.	Elective 1 (Jessup Moot)
8.	Professional Conduct
9.	Elective 2 (Supervised Research)
10.	Elective 3 (Supervised Research)
11.	Law Elective 1
12.	Law Elective 2
13.	Law Elective 3
14.	Biotechnology Law
15.	Any other subject in the Group E schedule of electives for the combined law degree or straight law degree at the University of Tasmania

PART 2 - ELECTIVES: GROUPS OF SUBJECTS FOR PERSONS WHO COMMENCE A STRAIGHT LAW DEGREE DURING OR AFTER 2005 OR A COMBINED LAW DEGREE DURING OR AFTER 2004

	Group A
1.	Jurisprudence A
2.	Jurisprudence B
3.	Criminology
4.	Comparative Law
5.	Any other subject in the Group A schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group B
1.	International Law
2.	Law of the Oceans and the Antarctic
3.	Human Rights
4.	Law of Nations
5.	Law of the European Union
6.	Elective 1 (Jessup Moot)
7.	Any other subject in the Group B schedule of electives for the combined law degree or straight law degree at the University of Tasmania

	Group C
1.	Environmental Law: Developmental Control
2.	Environmental Law: Resource Management, Conservation and Heritage
3.	Labour Law
4.	Competition Law
5.	Media Law
6.	Advanced Constitutional Law
7.	Comparative Administrative Law
8.	Tax 1
9.	International Trade
10.	Intellectual Property
11.	Consumer Protection
12.	Tax 2
13.	Information Technology Law
14.	Financial Institutions Law
15.	Family 1 – The Family and the Child
16.	Family 2 – Financial Aspects of Family Law
17.	Succession
18.	Conflicts
19.	Law and Ethics of Health Care
20.	Sentencing
21.	Elective 2 (Supervised Research)
22.	Elective 3 (Supervised Research)
23.	Law Elective 1
24.	Law Elective 2
25.	Law Elective 3
26.	Contemporary Issues in Constitutional Law
27.	Insurance and Superannuation Law
28.	Biotechnology Law
29.	Any other subject in the Group C schedule of electives for the combined law degree or straight law degree at the University of Tasmania

These rules were made by the Board of Legal Education at a meeting held on 8 November 2005.

The common seal of the Board of Legal Education was affixed on 8 November 2005, in the presence of –

E. C. CRAWFORD

Member

C. WARNER

Member

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

Notified in the Gazette on 23 November 2005

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

(a) amending the requirements in respect of subjects that a person must pass to be eligible for admission as a barrister or legal practitioner; and

(b) making other minor miscellaneous amendments.