Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.18.

Statutory condition regarding supervised legal practice

2.4.18. Statutory condition regarding supervised legal practice



(1) It is a statutory condition of a local practising certificate that the
holder must engage in supervised legal practice only, until the holder has
completed-

   (a)  if, to qualify for admission to the legal profession, the holder
        completed practical legal training-

   (i)  principally under the supervision of an Australian legal practitioner,
        whether involving articles of clerkship or otherwise; or

   (ii) involving articles of clerkship principally under the supervision of a
        person other than an Australian legal practitioner in accordance with
        the admission rules- a period or periods equivalent to 18 months'
        supervised legal practice, worked out under relevant regulations,
        after the day the holder's first practising certificate was granted;
        or

   (b)  if the holder completed other practical legal training to qualify for
        admission to the legal profession in this or another jurisdiction-a
        period or periods equivalent to 2 years' supervised legal practice,
        worked out under relevant regulations, after the day the holder's
        first practising certificate was granted.

(2) Subsection (1) has effect subject to any other conditions that relate to
engaging in supervised legal practice after a period or periods referred to in
that subsection.

(3) The Board may exempt a person or class of persons from the requirement for
supervised legal practice under subsection (1) or may reduce a period referred
to in that subsection for a person or class of persons, if satisfied that the
person or persons do not need to be supervised or need to be supervised only
for a shorter period, having regard to-

   (a)  the length and nature of any legal practice previously engaged in by
        the person or persons; and

   (b)  the length and nature of any legal practice engaged in by the
        supervisors (if any) who previously supervised the legal practice
        engaged in by the person or persons.

(4) An exemption under subsection (3) may be given unconditionally or subject
to any conditions that the Board thinks appropriate.

(5) This section does not apply to-

   (a)  the holder of a local practising certificate who is a barrister; or

   (b)  a person who held an Australian practising certificate at any time
        before 12 December 2005.

(6) Nothing in subsection (5) prevents the Board or the Tribunal imposing a
condition regarding supervised legal practice in relation to a person referred
to in subsection (5)(b).

Division 6-Amendment, suspension or cancellation of local practising
certificates