Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.3.3.

Suitability for admission

2.3.3. Suitability for admission



(1) The Board of Examiners must, in deciding whether or not to recommend that
a person is a fit and proper person to be admitted to the legal profession
under this Act, consider-

   (a)  each of the suitability matters in relation to the person to the
        extent that a suitability matter is appropriate; and

   (ab) whether the person is or has been the subject of disciplinary action,
        however described, arising out of the person's conduct in-

   (i)  attaining approved academic qualifications or corresponding academic
        qualifications; or

   (ii) completing approved practical legal training requirements or
        corresponding practical legal training requirements; and

   (b)  any other matter it considers relevant.

(2) However, the Board of Examiners may recommend that a person is a fit and
proper person despite a suitability matter because of the circumstances
relating to that matter.

(3) An education or training body must, at the written request of the Board of
Examiners, produce for inspection or copying by the Board of Examiners any
documents held by the body that are relevant to the Board of Examiners'
consideration of a matter referred to in subsection (1)(ab).

(4) Subsection (3) does not apply unless the person to whom the document
relates pays the reasonable costs of the education or training body in
complying with the request.

(5) In this section-

approved academic qualifications, corresponding academic qualifications,
approved practical legal training requirements and corresponding practical
legal training requirements have the same meanings as in section 2.3.2;
education or training body means a person or body that provides a course or
other service for the purposes of allowing a person to-

   (i)  attain approved academic qualifications or corresponding academic
        qualifications; or

   (ii) complete approved practical legal training requirements or
        corresponding practical legal training requirements.

Division 3-Admission to the legal profession