New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 38

38 Admission rules

(1) The Admission Board may make rules for the admission of persons as lawyers under this Act.

(2) Without limiting subsection (1), rules may be made about any of the following:

(a) the procedure for admission, including:

(i) how an application is to be made, and

(ii) giving notice of the application to an entity or public notice of the application, and

(iii) the affidavits or certificates the applicant must provide with or for the application,

(b) admission requirements regarding, and the approval of, academic qualifications and practical legal training,

(c) the examination of applicants for admission and the assessment of their qualifications,

(d) the disclosure of matters that may affect consideration of the eligibility of an applicant for admission, or affect consideration of the question whether the applicant is a fit and proper person to be admitted, including convictions that must be disclosed and those that need not be disclosed,

(e) applications for admission under the trans-Tasman mutual recognition legislative scheme,

(f) the assessment of the qualifications and practical legal training of overseas qualified or trained applicants against the academic requirements and practical legal training requirements that apply to local applicants,

(g) the conferral of a right of objection to an applicant’s admission on persons of appropriate standing,

(h) the procedure to be adopted in the conduct of inquiries under this Part,

(i) registration and deregistration as, and the discipline of, students-at-law and the qualifications for registration,

(j) the examination and assessment in academic subjects of candidates for registration, students-at-law or applicants for admission,

(k) the establishment and conduct of boards or other bodies with functions concerning:

(i) the examination of applicants for admission, and

(ii) the assessment of applicants as to whether they are eligible for admission and as to whether they are fit and proper persons to be admitted,

(l) the exemption by the Board of a person from the requirements of section 24 (1) (a) or (b) as provided by section 24 (4),

(m) accreditation of legal education and practical legal training courses,

(n) fees and costs payable under the rules and the refund or remission of fees,

(o) any other matters relating to the functions of the Board.

(3) Without limiting subsection (1), the rules may provide for abridging, in specified circumstances, any period of practical legal training required by the rules.

(3A) Without limiting subsection (1) or the power of the Admission Board to delegate functions under section 718, the rules may:

(a) provide for the establishment, dissolution and procedures of committees and subcommittees of the Board, and

(b) confer or provide for conferring functions on any such committee or subcommittee, including any functions of the Board, and

(c) provide that a committee or subcommittee exercises any of its functions in an advisory capacity or as delegate of the Board.

(4) The rules must be published in the Gazette.

(5) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to the rules in the same way as they apply to a statutory rule.