Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.3.12.

Admission Rules

2.3.12. Admission Rules



(1) The Council may at a meeting make rules for or with respect to-

   (a)  academic qualifications required for admission to the legal
        profession;

   (b)  legal training required for admission to the legal profession;



   (c)  procedural requirements for applying for admission to the legal
        profession.



(2) The admission rules must not require a person to satisfactorily complete
before admission a period of supervised training that exceeds in length a
period or periods equivalent to one full-time year (as determined in
accordance with the admission rules).

(2A) The admission rules may require an applicant for admission to give the
Board of Examiners, or consent to the Board of Examiners obtaining, a report
on the applicant's criminal record (if any) from-

   (a)  the Chief Commissioner of Police; or

   (b)  the police force, however described, of any place outside Victoria
        where the applicant attained academic qualifications, undertook
        practical legal training or engaged in legal practice.

(3) A power conferred by this section to make rules may be exercised-

   (a)  either in relation to all cases to which the power extends, or in
        relation to all those cases subject to specified exceptions, or in
        relation to any specified case or class of case; and

   (b)  so as to make, as respects the cases in relation to which the power is
        exercised-

   (i)  the same provision for all cases in relation to which the power is
        exercised, or different provisions for different cases or classes of
        case, or different provisions for the same case or class of case for
        different purposes; or

   (ii) any such provision either unconditionally or subject to any specified
        condition.

(4) Rules made under this section may be made-

   (a)  so as to apply at all times or at a specified time; and

   (b)  so as to require a matter affected by the rules to be-

   (i)  in accordance with a specified standard or specified requirement; or

   (ii) approved by or to the satisfaction of a specified person or body or a
        specified class of person or body; or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (c)  so as to apply, adopt or incorporate any matter contained in any
        document whatsoever whether-

   (i)  wholly or partially or as amended by the rules; or

   (ii) as in force at a particular time or as in force from time to time; and

   (d)  so as to confer a discretionary authority or impose a duty on a
        specified person or body or a specified class of person or body; and

   (e)  so as to provide in a specified case or class of case for the
        exemption of persons or things or a class of persons or things from
        any of the provisions of the rules, whether unconditionally or on
        specified conditions and either wholly or to such an extent as is
        specified.

(5) For the purposes of the Subordinate Legislation Act 1994, rules made under
this section are deemed to be statutory rules.

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