Legal Profession (Board of Legal Education) Rules 2010

Legal Profession (Board of Legal Education) Rules 2010

The Board of Legal Education makes the following rules under the Legal Profession Act 2007 .

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Legal Profession (Board of Legal Education) Rules 2010 .

2.   Commencement

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

3.   Interpretation

In these rules –

Act means the Legal Profession Act 2007 ;

admission has the same meaning as in Part 2.2 of Chapter 2 of the Act;

admitting authority means the authority responsible for determining whether an applicant has satisfied the requirements for admission in the relevant jurisdiction;

approved academic institution means an academic institution approved under rule 5 ;

approved practical legal training provider means a practical legal training provider approved under rule 9 ;

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

local applicant means a person who –

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

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

overseas practitioner means a person who –

(a) is admitted to the legal profession in a jurisdiction other than Australia; and

(b) at the time of application for admission under the Act, is entitled to practise as a legal practitioner in a place outside Australia;

qualified overseas applicant means a person –

(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.

PART 2 - Academic Requirements for Admission

4.   Approved academic qualification

(1)  For the purposes of section 25 of the Act, the academic qualification approved for admission to the legal profession in Tasmania is the successful completion of a tertiary course of study (whether or not leading to a qualification in law) –

(a) which is provided by an approved academic institution; and

(b) includes the equivalent of at least three years of full-time study of law; and

(c) requires a student to acquire and demonstrate a satisfactory level of understanding and competence in the areas of knowledge set out in Schedule 1 .

(2)  The Board of Legal Education may determine that an applicant has the approved academic qualification without satisfying the requirements specified in subrule (1) if the Board of Legal Education is satisfied that the applicant has acquired and demonstrated a satisfactory level of understanding and competence in the areas of knowledge set out in Schedule 1 .

(3)  [Rule 4 Subrule (3) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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)  [Rule 4 Subrule (4) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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.   Approved academic institutions

(1)  Each of the following is approved as an academic institution:

(a) the University of Tasmania;

(b) another tertiary institution designated by the Board of Legal Education as an approved academic institution;

(c) an 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 a satisfactory level of understanding and competence in the areas of knowledge set out in Schedule 1 .

(2)  The Board of Legal Education may, by notice in writing to an approved academic institution, withdraw approval of that academic institution or impose or vary any conditions on its approval.

6.   Monitoring and review of approved academic institution

(1)  The Board of Legal Education may monitor and review –

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

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

(2)  After consulting with an approved academic institution, the Board of Legal Education may –

(a) appoint one or more persons to conduct a review of –

(i) a course of study; or

(ii) a subject in the course of study provided by the academic institution; and

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

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

(4)  An approved academic institution is to pay the reasonable costs incurred by the Board of Legal Education in monitoring, or for a review carried out on, the institution under this rule.

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

PART 3 - Practical Legal Training Requirements

7.   Approved practical legal training requirement

(1)  For the purposes of section 25 of the Act, the practical legal training approved for admission to the legal profession in Tasmania is –

(a) successful completion of a practical legal training course –

(i) that is conducted by an approved practical legal training provider; and

(ii) that, in the opinion of the Board of Legal Education, requires a satisfactory level of understanding of and competence in the skills, values and practice areas set out in Schedule 2 ; or

(b) successful completion of practical legal training –

(i) that would qualify the person for admission to the legal profession in another Australian jurisdiction; and

(ii) that, in the opinion of the Board of Legal Education, requires a satisfactory level of understanding of and competence in the skills, values and practice areas set out in Schedule 2 .

(2)  A person is eligible to undertake approved practical legal training under this Part if the person has the academic qualification approved for admission to the legal profession in Tasmania.

8.   Commencement and duration of practical legal training

(1)  In this rule –

programmed training means structured and supervised training activities, research and tasks with comprehensive assessment;

workplace experience means supervised employment in a law or law-related work environment or equivalent unpaid engagement in such an environment.

(1A)  [Rule 8 Subrule (1A) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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)  [Rule 8 Subrule (1B) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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.

(2)  Approved practical legal training is to include both programmed training and workplace experience of at least –

(a) if practical legal training is undertaken as a program of academic study at graduate diploma level, 900 hours, of which at least 90 hours is workplace experience; or

(b) if practical legal training is undertaken as a non-award training course, 900 hours, of which at least –

(i) 450 hours is programmed training; and

(ii) 90 hours is workplace experience; or

(c) if practical legal training is undertaken as distance training or in electronic form, 450 hours of computing time.

(2A)  [Rule 8 Subrule (2A) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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)  [Rule 8 Subrule (2B) inserted by S.R. 2014, No. 51, Applied:21 May 2014] 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 .

(3)  Nothing in this rule prevents a person from undertaking or providing practical legal training in excess of the required hours.

9.   Approved practical legal training provider

(1)  The Board of Legal Education may approve a practical legal training provider if it is satisfied that the proposed practical legal training provider will competently conduct an approved practical legal training course.

(2)  For the purposes of subrule (1) , a course is competently conducted if it provides to its participants a satisfactory level of understanding and competence in the skills, values and practice areas set out in Schedule 2 .

(3)  The Board of Legal Education may, by notice in writing to a practical legal training provider, withdraw approval of that provider or impose or vary any conditions on the approval of the provider.

10.   Monitoring and review of approved practical legal training provider

(1)  The Board of Legal Education may monitor and review –

(a) the performance of, and the resources available to, an approved practical legal training provider; and

(b) the content and conduct of the practical legal training course, or part of the course, provided by the approved practical legal training provider.

(2)  After consulting with an approved practical legal training provider, the Board of Legal Education may –

(a) appoint one or more persons to conduct a review of –

(i) the practical legal training course; or

(ii) a subject in the course conducted by the provider; and

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

(3)  The Board of Legal Education must provide the approved practical legal training provider with a copy of any report received by the Board of Legal Education as a result of a review.

(4)  An approved practical legal training provider is to pay the reasonable costs incurred by the Board of Legal Education for monitoring, or for a review carried out on, the institution under this rule.

(5)  An approved practical legal training provider must provide such information to the Board of Legal Education or its reviewer as the Board of Legal Education or its reviewer may require, for the purpose of monitoring or a review carried out under this rule.

PART 4 - Local Applicant

11.   Application for Board of Legal Education Certificate

(1)  A local applicant who wishes to apply for admission to the legal profession in Tasmania must apply to the Board of Legal Education to certify that the applicant has –

(a) the academic qualifications that –

(i) are approved under these rules for admission; or

(ii) would qualify the applicant for admission to the legal profession in another jurisdiction if the Board of Legal Education is satisfied that the academic qualifications are substantially the same as that approved for admission in this jurisdiction; and

(b) practical legal training that –

(i) is approved under these rules for admission; or

(ii) would qualify the applicant for admission to the legal profession in another jurisdiction if the Board of Legal Education is satisfied that the practical legal training is substantially the same as that approved for admission in this jurisdiction.

(2)  A local applicant who wishes to apply for admission to the legal profession in Tasmania may apply to the Board of Legal Education for a certificate recommending to the Supreme Court that the applicant be exempted under section 25(4) of the Act from the requirements of section 25(1)(a) or (b) , or both.

12.   Documents in support of application

(1)  In relation to academic qualifications, an applicant under rule 11 must provide the Board of Legal Education with –

(a) a certificate from the approved academic institution that the applicant has successfully completed the tertiary course of study required by rule 4(1) ; or

(b) if the applicant seeks a determination by the Board of Legal Education under rule 4(2) , evidence that the applicant has acquired and demonstrated a satisfactory level of understanding and competence of the areas of knowledge set out in Schedule 1 ; or

(c) if the applicant relies on a course of study, or subject, in another Australian jurisdiction, a certificate from the admitting authority in that jurisdiction that the course of study or subject, as the case may be, is recognised for the purposes of admission to the legal profession in that jurisdiction.

(2)  In relation to practical legal training, an applicant under rule 11 must provide the Board of Legal Education with –

(a) a certificate that the applicant has successfully completed a practical legal training course referred to in rule 7(1)(a) ; or

(b) if the applicant relies on practical legal training referred to in rule 7(1)(b) , a certificate from –

(i) the provider of that training that it was successfully completed; and

(ii) the admitting authority in that jurisdiction that such successful completion is recognised for the purposes of admission to the legal profession in that jurisdiction.

(3)  The Board of Legal Education may also require the following information:

(a) other certificates and information to support the application;

(b) an affidavit in support of the application verifying the certificates and information provided.

(4)  If the Board of Legal Education requires, a local applicant must cause any certificate or information to be provided directly to the Board of Legal Education by the institution or authority that provides or issues the certificate or information.

PART 5 - Applicants with Overseas Qualifications

Division 1 - Qualified overseas applicant

13.   Qualifications for admission of qualified overseas applicant

(1)  The requirements for a qualified overseas applicant to be admitted to the legal profession in Tasmania are –

(a) that the applicant holds an academic qualification, and, unless the Board of Legal Education determines otherwise in a particular case, has received practical legal training, recognised in a jurisdiction outside Australia (other than any requirements in that jurisdiction which the Board of Legal Education is satisfied are of a formal or procedural nature); and

(b) that the applicant complies with any directions given under rule 19 ; and

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

(2)  The Board of Legal Education may require a qualified overseas applicant to pass an examination specified by the Board of Legal Education for the purposes of subrule (1)(c) .

14.   Application for directions

(1)  A qualified overseas applicant who wishes to apply for admission in Tasmania must first apply to the Board of Legal Education for directions under rule 19 as to the extent (if any) to which his or her existing academic qualifications and practical legal training may be regarded as sufficient for admission without meeting any further academic qualifications and practical legal training requirements.

(2)  Unless the Board of Legal Education otherwise determines, an application under subrule (1) must be accompanied by an affidavit comprising each relevant document and –

(a) stating the nature and details of the qualified overseas applicant's academic qualifications and practical legal training; and

(b) providing evidence that the applicant has the academic qualifications and practical legal training on which he or she relies and that they meet all the requirements for admission in the jurisdiction in which he or she obtained the academic qualifications and practical legal training other than any requirements, of which the applicant must provide adequate detail, that are of either a formal or a procedural nature; and

(c) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of the application; and

(d) setting out any additional information the Board of Legal Education requests.

Division 2 - Overseas practitioners

15.   Qualifications for admission of overseas practitioners

(1)  The requirement for an overseas practitioner to be admitted to the legal profession in Tasmania are –

(a) that the practitioner complies with any directions given under rule 19 ; and

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

(2)  The Board of Legal Education may require an overseas practitioner to pass an examination specified by the Board of Legal Education for the purposes of subrule (1)(b) .

16.   Application for directions

(1)  An overseas practitioner who wishes to apply for admission in Tasmania must apply to the Board of Legal Education for directions under rule 19 as to the extent (if any) to which his or her existing qualifications may be regarded as sufficient qualifications for admission without meeting any further academic qualifications and practical legal training requirements.

(2)  Unless the Board of Legal Education otherwise determines, an application under subrule (1) must be accompanied by an affidavit comprising each relevant document and –

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

(b) providing evidence that the applicant has the academic qualifications and any practical legal training qualifications on which he or she relies; and

(c) giving details of the applicant's admission in the overseas jurisdiction on the basis of which he or she is seeking admission in Tasmania; and

(d) stating that any condition imposed on the applicant's admission by the admitting authority in the overseas jurisdiction has been satisfied; and

(e) stating that the applicant is currently entitled to practise in the overseas jurisdiction or elsewhere, has not at any stage been struck off the roll of practitioners in the overseas jurisdiction or elsewhere and is not presently subject to disciplinary inquiry or proceedings; and

(f) describing the nature, range and character of the applicant's practice in the overseas jurisdiction or elsewhere; and

(g) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of the application; and

(h) setting out any additional information the Board of Legal Education requires.

Division 3 - Consideration of applications

17.   Inquiries by Board of Legal Education

The Board of Legal Education may make any inquiries it thinks fit concerning any application under this Part, including inquiries in relation to –

(a) in the case of an application by a qualified overseas applicant or an overseas practitioner, the system of jurisprudence of the overseas jurisdiction, in which the applicant has been admitted or in which the applicant obtained the qualification, that forms the basis on which the applicant seeks the Board of Legal Education's directions; and

(b) the nature and adequacy of the applicant's academic qualifications, practical legal training and experience in the practice of law.

18.   Board of Legal Education may act on advice

(1)  As part of inquiries made under rule 17 , the Board of Legal Education may take into account –

(a) the written advice of the dean or head of a Department of Law at an approved academic institution; or

(b) a report of a member of, or committee appointed by, the Board of Legal Education; or

(c) a report of an admitting authority in another Australian jurisdiction, or of a committee, body or person to which such an authority refers like matters for assessment.

(2)  In deciding whether a subject provides an understanding of, and competence in, any area of knowledge or in a topic which is part of an area of knowledge, the Board of Legal Education may take into account –

(a) the advice of the dean or head of a Department of Law at an approved academic institution; or

(b) any relevant principles adopted by LACC; or

(c) a report of an admitting authority in another Australian jurisdiction, or of a committee, body or person to which such an authority refers like matters for assessment.

19.   Directions by Board of Legal Education

(1)  In relation to an application for directions made under rule 13 or 15 , the Board of Legal Education may direct that –

(a) the existing academic qualifications and practical legal training of the applicant are equivalent to the academic qualifications and practical legal training required under these rules; or

(b) the applicant is to successfully meet further academic requirements or practical legal training requirements specified by the Board of Legal Education (whether or not those requirements also form part of the qualifications required of a local applicant) for the applicant's academic qualifications and practical legal training to be equivalent to the academic qualifications and practical legal training required under these rules; or

(c) the existing academic qualifications and practical legal training of the applicant are not equivalent to the academic qualifications and practical legal training required under these rules.

(2)  The Board of Legal Education may vary or revoke any requirement specified under subrule (1)(b) it thinks fit, if to do so does not substantially diminish the value of the academic qualifications or practical legal training required under that subrule.

(3)  Without limiting the Board of Legal Education's discretions under subrule (1) or (2) , the Board of Legal Education must take into account any principles from time to time adopted by LACC for assessing the qualifications of overseas applicants for admission when deciding upon any direction under this rule.

(4)  The Board of Legal Education may certify that an overseas applicant has academic qualifications and practical legal training sufficient for admission whether or not the applicant has complied with a direction under this rule.

20.   Specification of time for application for admission

(1)  If the Board of Legal Education has given a direction under rule 19(1)(a) or (b) to an applicant, the Board of Legal Education may specify in the direction a time period within which the applicant must apply for admission.

(2)  The Board of Legal Education may extend a time period specified under subrule (1) , and subject to any conditions it thinks fit, on application of the person affected by the time period.

Division 4 - Fees payable on applications

21.   Fees payable on applications under this Part

(1)  Subject to subrule (2) , a person who makes an application under rule 14 or 16 must pay to the Board of Legal Education a fee of 200 fee units and the Board of Legal Education may refuse to consider the application until the fee is paid.

(2)  The Board of Legal Education may waive payment of the fee or reduce the amount payable.

(3)  The Board of Legal Education is to apply the fees in the discharge of costs and expenses incurred by it in the exercise of its functions.

PART 6 - Miscellaneous

22.   Alteration of requirement by Board of Legal Education

(1)  A person may apply to the Board of Legal Education to vary or dispense with a requirement under these rules.

(2)  On receipt of an application under subrule (1) , the Board of Legal Education may, subject to subrule (2) , do either or both of the following:

(a) vary a requirement in these rules;

(b) dispense with a requirement in these rules.

(3)  The variation or dispensing of a requirement under this rule may be made subject to any condition the Board of Legal Education thinks fit.

(4)  The Board of Legal Education may only dispense or vary a requirement in these rules –

(a) if the Board of Legal Education considers that such variation or dispensation –

(i) does not in itself materially diminish the value of the qualifications or training required by these rules; or

(ii) does not diminish the value of the qualifications or training required by these rules due to the conditions imposed under subrule (3) ; or

(b) in relation to the variation or dispensation of one of the following elements, if the circumstances resulting from a determination made under rule 19(1)(a) or (b) mean it would be unfair to the applicant not to do so:

(i) an academic area of knowledge referred to in rule 4(1) ;

(ii) a skill, value or practice area referred to in rule 7(1) .

PART 7 - Savings and Transitional Provisions

23.   Interpretation

In this Part –

former rules means the Legal Profession (Board of Legal Education) Rules 1994 .

24.   Saving of certificates &c. under former rules

Any certificate, direction or advice issued or given by the Board of Legal Education under the former rules continues to have effect as if the former rules had not been rescinded.

25.   Resolution of issues arising under former rules

The Board of Legal Education, on the application of a person or on its own initiative, may make any determination or direction it considers necessary to resolve any issues arising as a result of the operation of these rules and the rescission of the former rules.

26.   Legislation rescinded

The legislation specified in Schedule 3 is rescinded.

SCHEDULE 1 - Academic areas of knowledge

Rule 4(1)(c)

1.   Interpretation

An area of knowledge listed in this Schedule –

(a) must be studied; but

(b) does not need to be studied in a specific subject or situation.

2.   Criminal law and procedure

(1) The topics covered in respect of criminal law and procedure are to provide knowledge of –

(a) the general doctrines of the criminal law; and

(b) in particular, examination of both offences against the person and against property; and

(c) various defences; and

(d) elements of criminal procedure.

(2) Without limiting subclause (1) , the topics covered in respect of criminal law and procedure may include –

(a) the definition of crime; and

(b) the elements of crime; and

(c) the aims of criminal law; and

(d) homicide and defences; and

(e) non-fatal offences against the person and defences; and

(f) the general doctrines of criminal law including such topics as –

(i) attempts; and

(ii) participation in crime; and

(iii) drunkenness; and

(iv) mistake; and

(v) strict responsibility; and

(g) the elements of criminal procedure including such topics as –

(i) classification of offences; and

(ii) process to compel appearance; and

(iii) bail; and

(iv) preliminary examination; and

(v) trial of indictable offences.

3.   Torts law

(1) The topics covered in respect of torts law are to provide knowledge of –

(a) negligence and a representative range of torts, with some consideration of defences and damages; and

(b) alternative methods of providing compensation for accidental injury; and

(c) such topics as concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation schemes.

(2) Without limiting subclause (1) , the topics covered in respect of torts law may include –

(a) negligence, including defences; and

(b) a representative range of torts other than negligence and their defences; and

(c) damages; and

(d) concurrent liability; and

(e) compensation schemes.

4.   Contracts law

(1) The topics covered in respect of contracts law are to provide knowledge of –

(a) the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, and their performance and discharge; and

(b) available remedies; and

(c) the broad theoretical basis of contract.

(2) Without limiting subclause (1) , the topics covered in respect of contracts law may include –

(a) formation of contracts including capacity, formalities, privity and consideration; and

(b) the content and construction of contracts; and

(c) vitiating factors; and

(d) discharge of contracts; and

(e) remedies; and

(f) assignment.

5.   Property law

(1) The topics covered in respect of property law are to provide knowledge of –

(a) the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity; and

(b) statutory schemes or registration for both general law land and Torrens land; and

(c) fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements and restrictive covenants.

(2) Without limiting subclause (1) , the topics covered in respect of property law may include –

(a) the meaning and purposes of the concept of property; and

(b) possession, seisin and title; and

(c) the nature and type of proprietary interests; and

(d) creation and enforceability of proprietary interests; and

(e) legal and equitable remedies; and

(f) statutory schemes of registration; and

(g) acquisition and disposal of proprietary interests; and

(h) concurrent ownership; and

(i) proprietary interests in land owned by another person; and

(j) mortgages.

6.   Equity

(1) The topics covered in respect of equity are to provide knowledge of –

(a) the elements of trust law; and

(b) equitable doctrines apart from those relating to trusts and equitable remedies; and

(c) various kinds of trusts; and

(d) the rights, duties and powers of trustees; and

(e) the consequences of breach of trust; and

(f) equitable doctrines, including fiduciary obligations, equitable assignments, unconscionability and confidential information; and

(g) the remedies of specific performance, injunction, declaration and damages in equity.

(2) Without limiting subclause (1) , the topics covered in respect of equity may include –

(a) the nature of equity; and

(b) equitable rights, titles and interests; and

(c) equitable assignments; and

(d) estoppel in equity; and

(e) fiduciary obligations; and

(f) unconscionable transactions; and

(g) equitable remedies.

7.   Company law

(1) The topics covered in respect of company law are to provide knowledge of –

(a) an analysis of incorporation and its effects, and management and control of a company; and

(b) the various methods of financing by the issue of shares and by debts; and

(c) the processes of winding up a company.

(2) Without limiting subclause (1) , the topics covered in respect of company law may include –

(a) corporate personality; and

(b) the incorporation process; and

(c) the corporate constitution; and

(d) company contracts; and

(e) administration of companies and management of the business of companies; and

(f) the duties and liabilities of directors and officers; and

(g) share capital and membership; and

(h) member's remedies; and

(i) company credit and security arrangements; and

(j) the winding-up of companies.

8.   Administrative law

(1) The topics covered in respect of administrative law are to provide knowledge of –

(a) traditional common law remedies concerning judicial review of administrative action; and

(b) the range of Commonwealth and State statutory regimes.

(2) Without limiting subclause (1) , the topics covered in respect of administrative law may include –

(a) the organisation and structure of administration; and

(b) administrative law theory; and

(c) common law and statutory avenues of judicial review at Commonwealth and State level; and

(d) the grounds for judicial review; and

(e) remedies; and

(f) Crown immunity; and

(g) the Administrative Appeals Tribunal; and

(h) statutory review; and

(i) freedom of information.

9.   Federal and State constitutional law

(1) The topics covered in respect of Federal and State constitutional law are to provide knowledge of –

(a) the major principles of both the relevant State or Territory constitution and the Commonwealth Constitution; and

(b) the relationship between the different Commonwealth and State or Territory laws; and

(c) a general knowledge of the scope of both State or Territory and Commonwealth Constitutions.

(2) Without limiting subclause (1) , the topics covered in respect of Federal and State constitutional law may include –

(a) State constitutions and constitutional systems; and

(b) the Commonwealth Constitution and constitutional system; and

(c) the constitution and operation of the legislature, executive and judiciary; and

(d) the relationship between the different institutions of government and the separation of powers; and

(e) the relationship between the different levels of government.

10.   Civil procedure

(1) The topics covered in respect of civil procedure are to provide knowledge of –

(a) the general study of rules of civil procedure relevant in the State or Territory; and

(b) jurisdiction, and the initiation and service of process; and

(c) the definition of issues through pleading; and

(d) judgement enforcement.

(2) Without limiting subclause (1) , the topics covered in respect of civil procedure may include –

(a) court adjudication under an adversary system; and

(b) the cost of litigation and the use of costs to control litigation; and

(c) the service of originating process, as the foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum; and

(d) joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts; and

(e) defining questions for trial, including pleadings, notices to admit and other devices; and

(f) obtaining evidence, including discovery of documents, interrogatories, subpoena and other devices; and

(g) disposition without trial, including the compromise of litigation; and

(h) extrajudicial determination of issues arising in the course of litigation; and

(i) judgement; and

(j) appeal; and

(k) enforcement.

11.   Evidence

(1) The topics covered in respect of evidence are to provide knowledge of –

(a) the examination of both the sources and acceptability of evidence; and

(b) the rules concerning the burden and standard of proof; and

(c) the rules concerning such matters as relevance, the hearsay rule and exceptions to hearsay, admissions, and the discretion to exclude evidence.

(2) Without limiting subclause (1) , the topics covered in respect of evidence may include –

(a) the burden and standard of proof; and

(b) competence and compellability; and

(c) privilege; and

(d) the examination of witnesses; and

(e) tendency and co-incidence; and

(f) credibility; and

(g) the accused as a witness; and

(h) documentary evidence; and

(i) opinion evidence; and

(j) hearsay and the exceptions to hearsay; and

(k) admissions; and

(l) discretions to exclude or limit the use of evidence; and

(m) unreliable evidence.

12.   Ethics and professional responsibility

(1) The topics covered in respect of ethics and professional responsibility are to provide knowledge of –

(a) the various pertinent rules concerning a practitioner's duty to the law, the courts, clients and fellow practitioners; and

(b) a basic knowledge of the principles relating to the holding of money on trust.

(2) Without limiting subclause (1) , the topics covered in respect of ethics and professional responsibility may include professional and personal conduct in respect of a practitioner's duty to –

(a) the law; and

(b) the courts; and

(c) clients, including a basic knowledge of the principles relating to the holding of money on trust; and

(d) fellow practitioners.

SCHEDULE 2 - Practical Legal Training Competency Standards

Rule 7(1)

PART 1 - General

1.   Training requirements

(1) A practical legal training course must contain the following skills:

(a) lawyer skills;

(b) problem-solving skills;

(c) work management and business skills;

(d) trust and office accounting skills.

(2) A practical legal training course must contain the following values:

(a) ethics;

(b) professional responsibility.

(3) A practical legal training course must contain the following practice areas:

(a) civil litigation practice;

(b) commercial and corporate law practice;

(c) property law practice;

(d) at least one of the following areas:

(i) administrative law practice;

(ii) criminal law practice;

(iii) family law practice;

(e) at least one of the following areas:

(i) consumer law practice;

(ii) employment and industrial relations practice;

(iii) planning and environmental law practice;

(iv) wills and estates practice.

(4) Legal training provides the skills, values and practice areas specified in this clause if the course meets the requirements set out in this Schedule for those skills, values and practice areas.

PART 2 - Skill competency standards

1.   Lawyer skills

The practice area of lawyer skills requires understanding and competence in –

(a) communicating effectively; and

(b) interviewing clients; and

(c) writing letters; and

(d) drafting other documents; and

(e) negotiating settlements and agreements; and

(f) facilitating early resolution of disputes; and

(g) representing a client in court.

2.   Problem-solving skills

The practice area of problem-solving skills requires understanding and competence in –

(a) analysing facts and identifying issues; and

(b) analysing law; and

(c) providing legal advice; and

(d) generating solutions and strategies.

3.   Work management and business skills

The practice area of work management and business skills requires understanding and competence in –

(a) managing personal time; and

(b) managing risk; and

(c) managing files; and

(d) keeping a client informed; and

(e) working cooperatively.

4.   Trust and office accounting skills

The practice area of trust and office accounting skills requires understanding and competence in –

(a) receiving money; and

(b) making outlays; and

(c) rendering costs; and

(d) maintaining trust accounts.

PART 3 - Practice area competency standards

1.   Civil litigation practice

The practice area of civil litigation requires understanding and competence in –

(a) assessing the merits of a case and identifying dispute resolution alternatives; and

(b) initiating and responding to claims; and

(c) taking and responding to interlocutory proceedings; and

(d) gathering and presenting evidence; and

(e) negotiating settlements; and

(f) taking action to enforce orders and settlement agreements.

2.   Commercial and corporate practice

The practice area of commercial and corporate law requires understanding and competence in –

(a) conducting commercial transactions; and

(b) setting up commercial structures; and

(c) dealing with loans and securities; and

(d) advising on revenue law and practice.

3.   Property law practice

The practice area of property law requires understanding and competence in –

(a) transferring titles; and

(b) creating leases including standard commercial leases and standard residential leases; and

(c) creating and releasing securities and mortgages; and

(d) advising on land use including, but not limited to –

(i) town planning schemes; and

(ii) local government by-laws; and

(iii) environment and heritage legislation; and

(e) advising on revenue implications.

4.   Administrative law practice

The practice area of administrative law requires understanding and competence in –

(a) obtaining information under freedom of information legislation; and

(b) obtaining reviews of administrative decisions; and

(c) representing parties before courts and administrative tribunals.

5.   Criminal law practice

The practice area of criminal law requires understanding and competence in –

(a) providing advice; and

(b) applying for bail; and

(c) making pleas; and

(d) representing a client in minor matters; and

(e) assisting to prepare cases for trial.

6.   Family law practice

The practice area of family law requires understanding and competence in –

(a) applying for dissolution of marriage; and

(b) acting in relation to ancillary matters including, but not limited to –

(i) parenting matters; and

(ii) property settlements; and

(iii) spouse maintenance; and

(iv) child support; and

(v) domestic violence orders; and

(vi) injunctions and sole use orders; and

(vii) de facto proceedings.

7.   Consumer law practice

The practice area of consumer law requires understanding and competence in –

(a) obtaining information; and

(b) drafting documents; and

(c) initiating and responding to claims; and

(d) representing the client; and

(e) taking action to implement outcomes.

8.   Employment and industrial relations practice

The practice area of employment and industrial relations requires understanding and competence in –

(a) assessing the merits of the dispute and identifying the dispute resolution alternatives; and

(b) advising the client on relevant procedures; and

(c) commencing negotiations; and

(d) initiating and responding to proceedings; and

(e) representing the client; and

(f) taking action to implement outcomes.

9.   Planning and environmental law practice

The practice area of planning and environmental law requires understanding and competence in –

(a) assessing the merits of the matter and advising the client; and

(b) preparing applications; and

(c) initiating and responding to claims; and

(d) representing the client; and

(e) implementing outcomes.

10.   Wills and estates practice

The practice area of wills and estates requires understanding and competence in –

(a) drafting wills; and

(b) administering deceased estates; and

(c) taking action to resolve wills and estate problems.

PART 4 - Values competency standards

1.   Ethics and professional responsibility practice

The practice area of ethics and professional responsibility requires understanding and competence in –

(a) acting ethically; and

(b) discharging the legal duties and obligations of legal practitioners; and

(c) complying with professional conduct rules; and

(d) complying with fiduciary duties; and

(e) avoiding conflicts of interest; and

(f) acting courteously; and

(g) complying with rules relating to the charging of fees; and

(h) reflecting on wider issues.

SCHEDULE 2A - Common Considerations Relevant to Stale Qualifications

[Schedule 2A Inserted by S.R. 2014, No. 51, Applied:21 May 2014]

Rule 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.

SCHEDULE 3 - Legislation rescinded

Rule 26

These rules were made by the Board of Legal Education at a meeting held on 8 June 2010.

The common seal of the Board of Legal Education was affixed on 10 June 2010, in the presence of –

D. PORTER

Chairperson

A. WALKER

Member

C. WARNER

Member

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

Notified in the Gazette on 23 June 2010

These rules are administered in the Department of Justice.