Victorian Consolidated Regulations

LEGAL PRACTICE (ADMISSION) RULES 1999 - SECT 1.05.

Definitions

1.05. Definitions



(1) In these Rules-

acceptable deponent, in relation to an applicant for admission, means a person
(other than a person with whom the applicant has served under articles or
served as a clerk) who-

   (a)  is described in section 107A of the Evidence Act 1958 and who has
        known the applicant for not less than 12 months; or

   (b)  is or was employed at a recognised secondary or tertiary teaching
        institution and by whom the applicant has been taught for not less
        than the equivalent of one year of tertiary studies or one of the two
        final years of secondary studies;

accredited PLT provider means Leo Cussen Institute or any other institution
accredited by the Council as the provider of practical legal training under
rule 3.01;

approved institution means the University of Melbourne, Monash University, La
Trobe University, Deakin University or an institution designated by the
Council under subrule (3)(a); admission means admission by the Supreme Court
under the Legal Profession Act 2004 as a lawyer;



articles means articles of clerkship entered into or served under these Rules;

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Commonwealth Government Office means an office listed in Schedule 2 or an
office designated by the Council under subrule (3)(b); eligible legal
practitioner means an Australian legal practitioner-

   (a)  whose practising certificate authorises him or her-

   (i)  to receive trust money; and

   (ii) to engage in legal practice as a principal of a law practice (other
        than a multi-disciplinary partnership or a community legal centre);
        and

   (b)  who is not a barrister; employee practitioner means an Australian
        legal practitioner whose practising certificate authorises him or her
        to engage in legal practice as an employee of a law practice;

Faculty of Law means the faculty of law (by whatever name called) of an
approved institution;

Law Degree means the degree of Bachelor of Laws, or equivalent qualification,
conferred by an approved institution;

Leo Cussen Institute means Leo Cussen Institute established by the
Leo Cussen Institute Act 1972;



local applicant means a person-

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

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

mutual recognition legislation means-

   (a)  in the case of an interstate practitioner, the
        Mutual Recognition Act 1992 of the Commonwealth as adopted under
        section 4 of the Mutual Recognition (Victoria) Act 1998;

   (b)  in the case of a New Zealand practitioner, the
        Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as
        adopted under section 4 of the
        Trans-Tasman Mutual Recognition (Victoria) Act 1998;

New Zealand practitioner means a person who is admitted and, at the time of
application for admission under these Rules, is entitled to or eligible to
practise as a legal practitioner in New Zealand;

overseas practitioner means a person who is admitted and, at the time of
application for admission under these Rules, is entitled to or eligible to
practise as a legal practitioner in a place outside Australia;

Principal means an eligible legal practitioner or other person with whom
articles are being served in accordance with Division 2 of Part 3;

private practice means the practice of law as-

   (a)  an eligible legal practitioner (other than an incorporated
        practitioner); or

   (b)  a director of an incorporated practitioner; or

   (c)  an employee practitioner (other than an employee of a legal
        practitioner in practice solely or predominantly as a barrister);

qualified overseas applicant means a person (other than an overseas
practitioner)-

   (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; recognised secondary or tertiary teaching institution
        means-

   (a)  a State school under the Education Act 1958; or

   (b)  a school registered under Part III of the Education Act 1958; or

   (c)  a TAFE college or university under the Tertiary Education Act 1993; or

   (d)  an institution in another State or a Territory that provides education
        at the secondary or tertiary level; or

   (e)  an institution that is approved by the Board of Examiners under
        subrule (4);

Victorian Government Office means an office listed in Schedule 3 or an office
designated by the Council under subrule (3)(c).

(2) A reference in the definitions of New Zealand practitioner and overseas
practitioner to a practitioner who is eligible to practice in New Zealand or
in a place outside Australia includes a practitioner who does not have a
current practising certificate in New Zealand or that place (as the case
requires) but who would be entitled to obtain a certificate as a matter of
course after applying for a certificate and paying the required fee.

(3) For the purposes of these Rules, the Council may designate-

   (a)  an institution in Victoria to be an approved institution;

   (b)  an office (including an office of a corporation established by the
        Commonwealth) to be a Commonwealth Government Office;

   (c)  an office (including an office of a corporation established by the
        State of Victoria) to be a Victorian Government Office.

(4) For the purposes of these Rules, the Board of Examiners may approve an
institution (whether in or outside Victoria) that provides education at the
secondary or tertiary level to be a recognised secondary or tertiary teaching
institution.

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