Legal Profession (Board of Legal Education) Amendment Rules 2014
The Board of Legal Education makes the following rules under the Legal Profession Act 2007 .
These rules may be cited as the Legal Profession (Board of Legal Education) Amendment Rules 2014 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Legal Profession (Board of Legal Education) Rules 2010 are referred to as the Principal Rules.
4. Rule 4 amended (Approved academic qualification)
Rule 4 of the Principal Rules is amended by inserting after subrule (2) the following subrules:(3) If an applicant has completed the requirements specified in subrule (1) more than 5 years before applying to have his or her academic qualifications assessed for the purposes of admission, the Board of Legal Education may, after assessing the applicant's academic qualifications, require him or her to undertake such further academic studies, or pass such further examinations, as the Board may determine, or both.(4) The Board of Legal Education may, when assessing an applicant's academic qualifications for the purposes of subrule (3) , take into consideration any matter specified in Schedule 2A .
5. Rule 8 amended (Commencement and duration of practical legal training)
Rule 8 of the Principal Rules is amended as follows:(a) by inserting the following subrules after subrule (1) :(1A) An applicant may commence practical legal training, in the case of a practical legal training course that is not integrated with the applicant's academic qualification in law, only after the applicant –(a) has completed an academic qualification in law leading to admission to the legal profession, unless the applicant has no more than 2 academic subjects to complete –(i) neither of which is one of the academic areas of knowledge referred to in Schedule 1 ; and(ii) for which the applicant must be enrolled while undertaking the practical legal training course; and(b) has received the prior permission of the Board of Legal Education to commence the practical legal training course.(1B) Despite subrule (1A) , an applicant may commence an integrated program of academic study and practical legal training that –(a) requires the equivalent of 3 years full-time academic study of law, apart from the time required to undertake the practical legal training components of the program; and(b) has been recognised by the Board of Legal Education for the purposes of preparing students for admission to the legal profession.(b) by inserting the following subrules after subrule (2) :(2A) If an applicant has completed the requirements of subrule (2) more than 5 years before applying to have his or her practical legal training assessed for the purposes of admission, the Board of Legal Education may, after assessing the applicant's practical legal training qualifications, require him or her to undertake such further practical legal training requirements as the Board may determine.(2B) The Board of Legal Education may, when assessing an applicant's practical legal training qualifications for the purposes of subrule (2A) , take into consideration any matter specified in Schedule 2A .
6. Schedule 2A inserted
After Schedule 2 to the Principal Rules , the following Schedule is inserted:SCHEDULE 2A - Common Considerations Relevant to Stale QualificationsRule 4(4) and rule 8(2B)
The following are common considerations which the Board of Legal Education may, but is not obliged to, take into account when considering the qualifications of an applicant for the purposes of rule 4(4) and rule 8(2B) :(a) the nature and quality of the applicant's previous academic and practical legal training qualifications including the results obtained in any academic or practical legal training subjects undertaken in Australia;(b) the length of time since the applicant successfully completed a particular academic or practical legal training requirement;(c) the applicant's subsequent verifiable experience in the subject matter of a particular academic or practical legal training requirement;(d) the nature, duration and currency of the applicant's experience in law-related occupations, including experience gained –(i) in working in an Australian jurisdiction, or with Australian lawyers or in Australian law; or(ii) in an environment requiring the regular public or objective testing of the applicant's judgement and knowledge of the relevant law;(e) whether there have been any significant changes in the relevant law since the applicant completed an academic or practical legal training requirement;(f) any other factor that may bear on the currency or relevance of the applicant's knowledge or experience in relation to a particular academic or practical legal training requirement.
These rules were made by the Board of Legal Education at a meeting held on 5 May 2014.
The common seal of the Board of Legal Education was affixed on 5 May 2014, in the presence of –
D. J. PORTER
Chairperson
M. E. O'FARRELL
Member
E. A. WARNER
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 May 2014
These rules are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Legal Profession (Board of Legal Education) Rules 2010 to conform with the Uniform Admission Rules of the Law Admissions Consultative Committee.