Legal Profession (Board of Legal Education) Rules 2021
In ForceTAS
Jurisdiction
Tasmania
Act Number
40 of 2021
Collection
regulation
Plain English Summary
6/10 complexity
These rules set the academic and practical legal training standards and the Board procedures used to certify people for admission to practise law in Tasmania. They define approved qualifications, institutions and practical legal training providers; set minimum practical training hours and competency standards; prescribe application, documentation, monitoring, fee and review processes; and provide a route for overseas-trained applicants to obtain Board directions. Applicants pay prescribed fees (which the Board may waive); the Board decides approvals, conditions, reviews and any additional training required.
These rules set out the Board of Legal Education’s regulatory framework for certifying academic and practical legal training qualifications for admission to the legal profession in Tasmania, and for assessing equivalent qualifications held by persons trained outside Tasmania or outside Australia. They operate under the Legal Profession Act 2007 (the Act) (see rule 3 definition of Act) and commenced on 23 June 2021 (rule 2).
Mechanically, the rules:
prescribe what constitutes an approved academic qualification for local applicants (rule 4), including an explicit minimum of the equivalent of three years’ full-time law study and coverage of the areas in Schedule 1 (rule 4(1)(a)(ii)-(iii)); they also allow the Board to approve other qualifications substantially the same as those approved in other Australian jurisdictions (rule 4(1)(b));
authorise the Board to find that a person has the approved academic qualification based on evidence of competence in Schedule 1 areas even where the strict formal requirements are not satisfied (rule 4(2)), and to require further study or assessments if the academic work was completed more than five years before application (rule 4(3));
prescribe approved academic institutions and allow the Board to designate, condition, vary or withdraw approval (rule 5);
set out monitoring and review powers over approved academic institutions and require the institution to provide information and pay reasonable costs of review (rule 6);
define approved practical legal training (PLT) and the competency standards in Schedule 3 (rule 7), set out commencement and minimum duration rules for PLT including differing hour requirements by delivery mode (rule 8(4)), and allow the Board to require additional PLT where the work was completed more than five years earlier (rule 8(6));
Current sections
Direct links to the current provisions in Legal Profession (Board of Legal Education) Rules 2021.
admitting authority means the authority responsible for determining whether an application for admission to the legal profession in that jurisdiction has satisfied the requirements for admission in that jurisdiction;
applicant means an applicant within the meaning of Part 2.2 of Chapter 2 of the Act;
approved academic institution means an academic institution approved under rule 5 ;
approved academic qualification means an academic qualification approved under rule 4 ;
approved practical legal training provider means a practical legal training provider approved under rule 9 ;
approved practical legal training requirement means a practical legal training requirement approved under rule 7 ;
Board means the Board of Legal Education within the meaning of the Act;
LACC means the Law Admissions Consultative Committee responsible to the Council of Chief Justices of Australia and New Zealand;
local applicant means a person who –
(a) has not previously been admitted to the legal profession in a jurisdiction in Australia; and
(b) submits an application for admission on the basis of academic qualifications and practical legal training obtained wholly, or principally, in Australia;
overseas practitioner applicant means an applicant who –
(a) is admitted to the legal profession in a jurisdiction other than Australia; and
(b) at the time of application for admission under the Act, is entitled to practise as a legal practitioner in a jurisdiction outside Australia;
qualified overseas applicant means an applicant who –
(a) has not previously been admitted to the legal profession in a jurisdiction; and
(b) submits an application for admission on the basis of academic qualifications and practical legal training obtained wholly, or principally, outside of Australia.
Part 2
Rules Relating to Admission of Local Applicants
Part 2 Rules Relating to Admission of Local Applicants
Division 1
Academic requirements for admission
Division 1 Academic requirements for admission
4
Approved academic qualifications
4 Approved academic qualifications
(1) For the purposes of section 25 of the Act, the academic qualification approved for admission to the legal profession in Tasmania is the successful completion of –
(a) a tertiary course of study, whether or not leading to a qualification in law, that –
(i) is provided by an approved academic institution; and
(ii) includes the equivalent of at least three years of full-time study of law; and
(iii) requires the person undertaking the course to acquire and demonstrate a satisfactory level of knowledge of, and competence in, the areas of academic knowledge specified in Schedule 1 ; or
(b) a tertiary course of study, whether or not leading to a qualification in law, that, in the opinion of the Board –
(i) would qualify the applicant for admission to the legal profession in a jurisdiction other than Tasmania; and
(ii) is substantially the same as that approved for admission in this jurisdiction.
(2) The Board may determine that a local applicant has the approved academic qualification without satisfying the requirements specified in subrule (1) if the Board is satisfied that the applicant has acquired and demonstrated a satisfactory level of understanding of, and competence in, the areas of knowledge specified in Schedule 1 .
(3) If a local applicant completed the requirements specified in subrule (1) or (2) more than 5 years immediately before the day on which the applicant lodged an application under rule 11 , the Board may, after assessing the applicant’s academic qualifications –
(a) require the applicant to successfully complete one or more of the following as the Board may determine:
(i) further academic qualification;
(ii) further academic study;
(iii) further examination; or
(b) make a determination that the applicant’s academic qualification is an approved academic qualification for the purposes of these rules.
(4) The Board, in assessing a local applicant’s academic qualifications for the purposes of subrule (3) , may consider any matter specified in Schedule 2 as it relates to the applicant’s academic qualification.
5
Approved academic institution
5 Approved academic institution
(1) Each of the following is an approved academic institution for the purposes these rules:
(a) a tertiary institution designated, by notice in writing to the academic institution, by the Board as an approved academic institution;
(b) an institution recognised by another jurisdiction in Australia as providing a tertiary course of study which, to the Board’s satisfaction –
(i) satisfies the academic requirements for admission to the legal profession in the other jurisdiction; and
(ii) requires the person undertaking the tertiary course of study to acquire and demonstrate a satisfactory level of knowledge of, and competence in, the areas of academic knowledge specified in Schedule 1 ; and
(iii) is substantially the same as that approved for admission in this jurisdiction.
(2) The Board may, by notice in writing to an approved academic institution –
(a) withdraw the Board’s approval of that academic institution; or
(b) impose a condition on the Board’s approval of that academic institution; or
(c) vary or revoke a condition imposed by the Board.
6
Monitoring and review of approved academic institution
6 Monitoring and review of approved academic institution
(1) The Board may monitor and review –
(a) the performance of, and the resources available to, an approved academic institution in providing all, or part of, a course of study; and
(b) the content and conduct of all, or part of, a course of study or a subject provided by the approved academic institution.
(2) For the purposes of monitoring and review under subrule (1) , the Board –
(a) is to consult with the approved academic institution subject of the review; and
(b) may appoint one or more persons to conduct a review of –
(i) a course of study; or
(ii) a subject in the course of study provided by the academic institution; and
(c) may determine the terms of reference for the review.
(3) If, under subrule (1) , the Board conducts a review of an approved academic institution –
(a) the institution subject of the review –
(i) must provide to the Board such information as requested by the Board for the purposes of the review; and
(ii) is to pay to the Board the reasonable costs incurred by the Board for the purposes of the review; and
(b) the Board –
(i) may request such information as required by the Board for the purposes of the review; and
(ii) must provide the institution with a copy of a report prepared by, or received by, the Board as a result of the review; and
(iii) may impose, on the institution subject of the review, a charge for reasonable costs incurred by the Board in undertaking the review.
Division 2
Practical legal training requirements for admission
Division 2 Practical legal training requirements for admission
7
Approved practical legal training requirements
7 Approved practical legal training requirements
For the purposes of section 25 of the Act, the practical legal training approved for admission to the legal profession in Tasmania is –
(a) successful completion of practical legal training that –
(i) is provided by an approved practical legal training provider; and
(ii) in the opinion of the Board, results in a participant in the training acquiring and demonstrating a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 ; or
(b) successful completion of practical legal training that, in the opinion of the Board –
(i) would qualify the person who completed the practical legal training for admission to the legal profession in an Australian jurisdiction other than Tasmania; and
(ii) results in a participant in the training acquiring and demonstrating a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 ; and
(iii) is substantially the same as that approved for admission in this jurisdiction.
8
Commencement and duration of practical legal training
8 Commencement and duration of practical legal training
(1) In this rule –
integrated program means a program of study that has integrated or combined the components of –
(a) an approved academic qualification; and
(b) an approved practical legal training requirement;
programmed training means structured and supervised training activities, research and tasks with comprehensive assessment;
workplace experience means supervised employment in a law or law-related work environment or equivalent unpaid engagement in such an environment.
(2) A person is eligible to commence approved practical legal training in a program that is not an integrated program, if –
(a) the person has successfully completed an academic qualification approved for admission to the legal profession in Tasmania; or
(b) the person is –
(i) enrolled in an academic qualification and has no more than 2 academic subjects remaining to be completed in that academic qualification; and
(ii) the 2 academic subjects referred to in subparagraph (i) are not areas of academic knowledge specified in Schedule 1 ; and
(iii) the person submits an application to the Board for permission, and the Board grants such permission, to commence the practical training requirement.
(3) A person is eligible to commence an integrated program that –
(a) requires the equivalent of 3 years’ full-time academic study of law, not including the time required to undertake the practical legal training components of the program; and
(b) has been recognised by the Board as providing an academic qualification and practical legal training for the purposes of admission to the legal profession.
(4) Practical legal training approved for admission to the legal profession in Tasmania is to include programmed training and workplace experience of at least –
(a) if the practical legal training is undertaken as a program of academic study at graduate diploma level, 900 practical legal training hours, of which at least 90 hours are workplace experience; or
(b) if the practical legal training is undertaken as a non-award training course, 900 practical legal training hours, of which at least 450 hours are programmed training and 90 hours is workplace experience; or
(c) if the practical legal training is undertaken as distance training or in electronic form, 450 hours of computing time.
(5) Nothing in these rules –
(a) prevents an approved practical legal training provider from providing practical legal training of a duration period that exceeds the minimum practical legal training specified in subrule (4) ; or
(b) invalidates the person’s practical legal training if the person completed practical legal training hours in excess of the minimum practical legal training specified in subrule (4) .
(6) If a local applicant completed the requirements specified in rule 7 more than 5 years immediately before the day on which the applicant lodged an application under rule 11 , the Board may, after assessing the applicant’s practical legal training requirement –
(a) require the applicant to successfully complete such further practical legal training as the Board may determine; or
(b) make a determination that the applicant’s practical legal training is an approved practical legal training requirement for the purposes of these rules.
(7) The Board, in assessing a local applicant’s practical legal training requirement for the purposes of subrule (6) , may consider any matter specified in Schedule 2 as it relates to the applicant’s practical legal training requirement.
9
Approved practical legal training provider
9 Approved practical legal training provider
(1) The Board may, by notice in writing to a practical legal training provider, approve the practical legal training provider for the purpose of providing an approved practical legal training requirement, if the Board is satisfied that –
(a) the practical legal training provider is appropriately resourced to provide the practical legal training requirement; and
(b) the practical legal training provider will competently conduct the practical legal training requirement.
(2) For the purposes of subrule (1)(b) , practical legal training is competently conducted if a participant in the training acquires and demonstrates as part of the training a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 .
(3) The Board may, by notice in writing to an approved practical legal training provider –
(a) withdraw the Board’s approval of that practical legal training provider; or
(b) impose a condition on the Board’s approval of the provider; or
(c) vary or revoke a condition imposed by the Board.
10
Monitoring and review of approved practical legal training provider
10 Monitoring and review of approved practical legal training provider
(1) The Board may monitor and review –
(a) the performance of, and the resources available to, an approved practical legal training provider; and
(b) the content and conduct of the practical legal training course, or part of the course, provided by the approved practical legal training provider.
(2) For the purposes of monitoring and review under subrule (1) , the Board –
(a) is to consult with the approved practical legal training provider subject of the review; and
(b) may appoint one or more persons to conduct a review of –
(i) the practical legal training course; or
(ii) a subject in the course conducted by the provider; and
(c) may determine the terms of reference for the review.
(3) If, under subrule (1) , the Board conducts a review of an approved practical legal training provider –
(a) the provider subject of the review –
(i) must provide to the Board, or its reviewer as the Board, such information as requested by the Board for the purposes of the review; and
(ii) is to pay the reasonable costs incurred by the Board for the purposes of the review; and
(b) the Board –
(i) may request such information as required by the Board for the purposes of the review; and
(ii) must provide the provider with a copy of a report prepared by, or received by, the Board as a result of the review; and
(iii) may impose on the provider a charge for reasonable costs incurred by the Board in conducting the review.
Division 3
Application for admission
Division 3 Application for admission
11
Application for Board certificate
11 Application for Board certificate
(1) A local applicant may apply to the Board to certify that the applicant has successfully completed –
(a) an approved academic qualification; and
(b) approved practical legal training.
(2) A local applicant may apply to the Board for a certificate recommending to the Supreme Court that the applicant be exempted, under section 25(4) of the Act, from the requirements of section 25(1)(a) or (b) of the Act, or both.
(3) An application under subrule (1)or (2) must include, or be accompanied by, the –
(a) relevant documentation referred to in rule 12 ; and
(1) In relation to an academic qualification, a person applying for a certificate of the Board under subrule (1) or (2) , must give to the Board –
(a) a certificate from the approved academic institution that the applicant has successfully completed a tertiary course of study required by rule 4(1) ; or
(b) if the applicant seeks a determination by the Board under rule 4(2) , evidence that the applicant has acquired and demonstrated a satisfactory level of knowledge of, and competence in, the areas of academic knowledge specified in Schedule 1 ; or
(c) if the applicant relies on successful completion of a course of study, or subject, in another Australian jurisdiction, a certificate from the admitting authority in that jurisdiction that the course of study or subject completed by the applicant is recognised for the purposes of admission to the legal profession in that jurisdiction.
(2) In relation to practical legal training, a person applying for a certificate of the Board under subrule (1) or (2) , must give to the Board –
(a) a certificate from the practical legal training provider stating that the local applicant successfully completed practical legal training as required by rule 7(a) ; or
(b) if the applicant relies on practical legal training referred to in rule 7(b) , a certificate from –
(i) the practical legal training provider stating that the applicant successfully completed the practical legal training; and
(ii) the admitting authority in that jurisdiction stating that the successful completion referred to in subparagraph (i) is recognised for the purposes of admission to the legal profession in that jurisdiction.
(3) The Board may request a person applying for a certificate of the Board under subrule (1) or (2) , give to the Board –
(a) certificates or other documentary information that the Board requires and that, in the opinion of the Board, is relevant to the application; and
(b) an affidavit in support of the applicant’s application verifying such certificates or other documentary information provided.
(4) If, under subrule (3) , the Board requests further certificates or other documentary information, the person to whom the request is made must, if practicable, cause the certificate or other documentary information so requested to be provided directly to the Board by the academic institution, authority or practical legal training provider that provides or issues the certificate or other documentary information.
13
Determination of application
13 Determination of application
If the Board receives an application under rule 11 , the Board must –
(a) if satisfied that the person making the application has the approved academic qualification and approved practical legal training requirement under these rules for admission to the legal profession in Tasmania, issue to the applicant a certificate under rule 11 ; or
(b) if satisfied that the person making the application does not have the approved academic qualification or approved practical legal training requirement under these rules for admission to the legal profession in Tasmania, refuse to issue to the applicant a certificate under rule 11 .
Part 3
Rules Relating to Admission of Overseas Applicants
Part 3 Rules Relating to Admission of Overseas Applicants
14
Interpretation
14 Interpretation
In this Part –
overseas applicant, means a qualified overseas applicant or an overseas practitioner applicant.
15
Qualifications for admission of qualified overseas applicant
15 Qualifications for admission of qualified overseas applicant
The requirements for a qualified overseas applicant to be admitted to the legal profession in Tasmania are –
(a) successful completion of an academic qualification in a jurisdiction outside of Australia, other than any requirements in that jurisdiction which the Board is satisfied are of a formal or procedural nature; and
(b) unless the Board determines otherwise in a particular case, successful completion of practical legal training recognised in a jurisdiction outside of Australia, other than any requirements in that jurisdiction which the Board is satisfied are of a formal or procedural nature; and
(c) compliance with a direction given under rule 21 ; and
(d) sufficient knowledge of written and spoken English to engage in legal practice in Tasmania.
16
Application for directions – qualified overseas applicant
16 Application for directions – qualified overseas applicant
(1) A person who intends to apply for admission to the legal profession in Tasmania must apply to the Board for directions under rule 21 as to the extent, if any, to which the applicant’s existing academic qualification and practical legal training, as a qualified overseas applicant, may be regarded as sufficient for admission, without meeting further academic qualification and practical legal training requirements.
(2) An application by a qualified overseas applicant under subrule (1) must include, or be accompanied by, the fee payable under rule 23(1)(b) .
(3) Unless the Board determines otherwise, an application by a qualified overseas applicant under subrule (1) must be accompanied by an affidavit –
(a) stating the nature and details of the applicant’s academic qualification and practical legal training; and
(b) including supporting evidence that the applicant –
(i) has the academic qualification and practical legal training on which the applicant relies; and
(ii) meets all requirements for admission in the jurisdiction in which the applicant obtained the academic qualification and practical legal training; and
(iii) has met other formal or procedural requirements, if any; and
(c) including supporting evidence that the applicant has sufficient knowledge of written and spoken English to engage in legal practice in Tasmania; and
(d) stating whether the applicant has applied for admission in another Australian jurisdiction and if so, the result of that application; and
(e) including additional information the Board requires or has requested.
17
Qualifications for admission of overseas practitioner applicant
17 Qualifications for admission of overseas practitioner applicant
The requirements for an overseas practitioner applicant to be admitted to the legal profession in Tasmania are –
(a) compliance with a direction given under rule 21 ; and
(b) sufficient knowledge of written and spoken English to engage in legal practice in Tasmania.
18
Application for directions – overseas practitioner applicant
18 Application for directions – overseas practitioner applicant
(1) A person who intends to apply for admission to the legal profession in Tasmania must apply to the Board for directions under rule 21 as to the extent, if any, to which the applicant’s existing qualifications, as an overseas practitioner applicant, may be determined by the Board to be sufficient qualifications for admission, without meeting further academic qualification and practical legal training requirements.
(2) An application by an overseas practitioner applicant under subrule (1) must include, or be accompanied by, the fee payable under rule 23(1)(b) .
(3) Unless the Board determines otherwise, an application by an overseas practitioner applicant under subrule (1) must be accompanied by an affidavit –
(a) stating the nature and details of the applicant’s academic qualifications, practical legal training and practical experience; and
(b) including supporting evidence that the applicant has the academic qualification any practical legal training qualification on which the applicant relies; and
(c) including supporting evidence that the applicant has sufficient knowledge of written and spoken English to engage in legal practice in Tasmania; and
(d) including details of the applicant’s admission in the overseas jurisdiction on the basis of which the applicant is seeking admission to the legal profession in Tasmania; and
(e) stating that all conditions, if any, imposed on the applicant’s admission by the admitting authority in the overseas jurisdiction or elsewhere have been satisfied; and
(f) stating that the applicant –
(i) is currently entitled to practise in the legal profession in the overseas jurisdiction or elsewhere; and
(ii) has not been struck off the roll of practitioners in the overseas jurisdiction or elsewhere; and
(iii) is not presently subject to disciplinary inquiry or proceedings in the overseas jurisdiction or elsewhere; and
(g) stating the nature, range and character of the applicant’s practice in the legal profession in the overseas jurisdiction or elsewhere; and
(h) stating whether the applicant has applied for admission in any other Australian jurisdiction and, if so, the result of the application; and
(i) including additional information the Board requires or has requested.
Division 4
Consideration of application
Division 4 Consideration of application
19
Inquiries by Board
19 Inquiries by Board
The Board may, in relation to an application under rule 16 or 18 for directions, make inquiries that it thinks fit in relation to –
(a) the system of jurisprudence of the overseas jurisdiction, in which the overseas applicant has obtained the relevant qualifications or has been admitted to the legal profession, that forms the basis on which the applicant seeks the Board’s directions under rule 21 ; and
(b) the nature and adequacy of the overseas applicant’s academic qualifications, practical legal training and experience in the practice of law, if any.
20
Board may act on advice
20 Board may act on advice
(1) For the purpose of making inquiries under rule 19 , the Board may take into account one or more of the following:
(a) the written advice of the dean or head of a Department of Law at an approved academic institution;
(b) a report of a member of, or committee appointed by, the Board;
(c) a report of an admitting authority in another Australian jurisdiction, or of a committee, body or person to which such an authority refers like matters for assessment.
(2) For the purpose of deciding whether a subject or training provides an understanding of, and competence in, an area of knowledge or skills, values and practice, or in a topic which is part of an area of knowledge or skills, values and practice, the Board may take into account one or more of the following:
(a) the advice of the dean or head of a Department of Law at an approved academic institution;
(b) relevant principles adopted by the LACC;
(c) a report of an admitting authority in another Australian jurisdiction, or of a committee, body or person to which such an authority refers like matters for assessment.
21
Directions by Board
21 Directions by Board
(1) In relation to an application under rule 16 or 18 for directions, the Board may direct that the –
(a) overseas applicant’s academic qualification and practical legal training are equivalent to an approved academic qualification and an approved practical legal training requirement under these rules; or
(b) overseas applicant is required to successfully complete further academic qualifications or practical legal training, or both, as specified by the Board, whether or not those requirements also form part of the qualifications required of a local applicant, before the applicant’s academic qualification or practical legal training are approved under these rules; or
(c) overseas applicant’s existing academic qualification and practical legal training are not equivalent to the academic qualification and practical legal training required under these rules.
(2) The Board may vary or revoke a requirement specified under subrule (1)(b) if the Board –
(a) thinks it fit to do so in the circumstances; and
(b) considers that to do so does not substantially diminish the value of the academic qualification or practical legal training required under that subrule.
(3) Without limiting the Board’s discretion under subrules (1) and (2) , the Board must, when determining an application under rule 16 or 18 for directions, take into account principles, from time to time adopted by the LACC, for the purposes of assessing the overseas applicant’s qualifications.
(4) The Board may certify that an overseas applicant has an academic qualification and practical legal training sufficient for admission to the legal profession in Tasmania, whether or not the applicant has complied with a direction under this rule.
22
Specification of time for application for admission
22 Specification of time for application for admission
(1) The Board may, in a direction given under rule 21(1)(a)or (b) , specify in the direction a time period within which the person to whom the direction applies must apply for admission to the legal profession in Tasmania.
(2) An overseas applicant may apply to the Board for an extension of time if, under subrule (1) , a direction relating to the applicant specified a time period.
(3) The Board may, on an application under subrule (2) , extend a time period given in a direction under rule 21(1)(a)or (b) subject to a condition that the Board thinks fit.
(a) the fee payable to the Board in respect of an application under rule 11 is a fee of 50 fee units; and
(b) the fee payable to the Board in respect of an application under rule 16 or 18 is a fee of 400 fee units.
(2) The Board may, if it thinks fit, in relation to a fee specified in subrule (1) –
(a) waive all, or a specified part, of the fee so payable; or
(b) refund or remit all, or a specified part, of the fee so payable.
Part 5
Miscellaneous
Part 5 Miscellaneous
24
Alteration of requirement by Board
24 Alteration of requirement by Board
(1) A person making an application under Part 2 or 3 may apply to the Board to vary or dispense with a requirement under these rules in relation to that application.
(2) If the Board receives an application under subrule (1) , the Board may, subject to subrule (4) , do one or more of the following in relation to the application:
(a) vary a requirement in these rules;
(b) dispense with a requirement in these rules.
(3) If, under subrule (2) , the Board makes a variation to, or dispenses with, a requirement in these rules, the Board may take such action subject to a condition that the Board thinks fit.
(4) The Board may only vary a requirement, or dispense with a requirement, in these rules –
(a) if the Board considers that such variation or dispensation –
(i) does not in itself materially diminish the value of the qualifications or training required by these rules; or
(ii) does not diminish the value of the qualifications or training required by these rules due to a condition imposed, if any, under subrule (3) ; or
(b) in relation to the variation or dispensation of one of the following elements, if the circumstances resulting from a determination made under rule 21(1)(a)or (b) mean it would be unfair to the applicant not to do so:
(i) an academic area of knowledge referred to in rule 4(1) ; or
(ii) a skill, value or practice area referred to in rule 7 .
Part 6
Savings and Transitional Provisions
Part 6 Savings and Transitional Provisions
25
Preliminary
25 Preliminary
In this Part –
commencement day means the day on which these rules commence;
A certificate, direction or advice issued or given by the Board under the former rules continues to have effect as if the former rules had not been repealed.
27
Resolution of issues arising under former rules
27 Resolution of issues arising under former rules
The Board may, on its own initiative or the application of a person to which this rule relates, make a decision, determination or direction that it considers necessary to resolve an issue arising as a result of the operation of these rules and the repeal of the former rules.
SCHEDULE 1 - Areas of Academic
SCHEDULE 1 - Areas of Academic Knowledge
SCHEDULE 1 - Areas of Academic SCHEDULE 1 - Areas of Academic Knowledge
(b) does not need to be studied in a specific subject or situation.
2. Criminal law and procedure
(1) The topics covered in respect of criminal law and procedure are to provide knowledge of –
(a) the general doctrines of criminal law; and
(b) examination of both offences against the person and offences against property; and
(c) various defences; and
(d) elements of criminal procedure.
(2) Without limiting subclause (1) , the topics covered in respect of criminal law and procedure may include –
(a) the definition of crime; and
(b) the elements of crime; and
(c) the aims of criminal law; and
(d) homicide and defences; and
(e) non-fatal offences against the person and defences; and
(f) the general doctrines of criminal law including such topics as –
(i) attempts; and
(ii) participation in crime; and
(iii) drunkenness; and
(iv) mistake; and
(v) strict responsibility; and
(g) the elements of criminal procedure including such topics as –
(i) classification of offences; and
(ii) process to compel appearance; and
(iii) bail; and
(iv) preliminary examination; and
(v) trial of indictable offences.
3. Torts law
(1) The topics covered in respect of torts law are to provide knowledge of –
(a) negligence and a representative range of torts, with some consideration of defences and damages; and
(b) alternative methods of providing compensation for accidental injury; and
(c) such topics as concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation schemes.
(2) Without limiting subclause (1) , the topics covered in respect of torts law may include –
(a) negligence, including defences; and
(b) a representative range of torts other than negligence and their defences; and
(c) damages; and
(d) concurrent liability; and
(e) compensation schemes.
4. Contracts law
(1) The topics covered in respect of contracts law are to provide knowledge of –
(a) the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, and their performance and discharge; and
(b) available remedies; and
(c) the broad theoretical basis of contract.
(2) Without limiting subclause (1) , the topics covered in respect of contracts law may include –
(a) the formation of contracts including capacity, formalities, privity and consideration; and
(b) the content and construction of contracts; and
(c) vitiating factors; and
(d) discharge of contracts; and
(e) remedies; and
(f) assignment.
5. Property law
(1) The topics covered in respect of property law are to provide knowledge of –
(a) the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity; and
(b) statutory schemes or registration for both general law land and Torrens land; and
(c) fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements and restrictive covenants.
(2) Without limiting subclause (1) , the topics covered in respect of property law may include –
(a) the meaning and purposes of the concept of property; and
(b) possession, seisin and title; and
(c) the nature and type of proprietary interests; and
(d) creation and enforceability of proprietary interests; and
(e) legal and equitable remedies; and
(f) statutory schemes of registration; and
(g) acquisition and disposal of proprietary interests; and
(h) concurrent ownership; and
(i) proprietary interests in land owned by another person; and
(j) mortgages.
6. Equity
(1) The topics covered in respect of equity are to provide knowledge of –
(a) the elements of trust law; and
(b) equitable doctrines apart from those relating to trusts and equitable remedies; and
(c) the various kinds of trusts; and
(d) the rights, duties and powers of trustees; and
(e) the consequences of breach of trust; and
(f) equitable doctrines, including fiduciary obligations, equitable assignments, unconscionability and confidential information; and
(g) the remedies of specific performance, injunction, declaration and damages in equity.
(2) Without limiting subclause (1) , the topics covered in respect of equity may include –
(a) the nature of equity; and
(b) equitable rights, titles and interests; and
(c) equitable assignments; and
(d) estoppel in equity; and
(e) fiduciary obligations; and
(f) unconscionable transactions; and
(g) equitable remedies.
7. Company law
(1) The topics covered in respect of company law are to provide knowledge of –
(a) an analysis of incorporation and its effects, and management and control of a company; and
(b) the various methods of financing by the issue of shares and by debts; and
(c) the processes of winding up a company.
(2) Without limiting subclause (1) , the topics covered in respect of company law may include –
(a) corporate personality; and
(b) the incorporation process; and
(c) the corporate constitution; and
(d) company contracts; and
(e) administration of companies and management of the business of companies; and
(f) the duties and liabilities of directions and officers; and
(g) share capital and membership; and
(h) member’s remedies; and
(i) company credit and security arrangements; and
(j) the winding up of companies.
8. Administrative law
(1) The topics covered in respect of administrative law are to provide knowledge of –
(a) traditional common law remedies concerning judicial review of administrative action; and
(b) the range of Commonwealth and State statutory regimes.
(2) Without limiting subclause (1) , the topics covered in respect of administrative law may include –
(a) the organisation and structure of administration; and
(b) administrative law theory; and
(c) common law and statutory avenues of judicial review at Commonwealth and State level; and
(1) The topics covered in respect of Federal and State constitutional law are to provide knowledge of –
(a) the major principles of the relevant State or Territory constitution and the Commonwealth Constitution; and
(b) the relationship between the different Commonwealth and State or Territory laws; and
(c) a general knowledge of the scope of State or Territory and Commonwealth constitutions.
(2) Without limiting subclause (1) , the topics covered in respect of Federal and State constitutional law may include –
(a) State constitutions and constitutional systems; and
(b) the Commonwealth Constitution and constitutional system; and
(c) the constitution and operation of the legislature, executive and judiciary; and
(d) the relationship between the different institutions of government and the separation of powers; and
(e) the relationship between the different levels of government.
10. Civil procedure
(1) The topics covered in respect of civil procedure are to provide knowledge of –
(a) the general study of rules of civil procedure relevant in the State or Territory; and
(b) jurisdiction, and the initiation and service of process; and
(c) the definition of issues through pleading; and
(d) judgement enforcement.
(2) Without limiting subclause (1) , the topics covered in respect of civil procedure may include –
(a) court adjudication under an adversary system; and
(b) the cost of litigation and the use of costs to control litigation; and
(c) the service of originating process, as the foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum; and
(d) joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts; and
(e) defining questions for trial, including pleadings, notices to admit and other devices; and
(f) obtaining evidence, including discovery of documents, interrogatories, subpoena and other devices; and
(g) disposition without trial, including the compromise of litigation; and
(h) extrajudicial determination of issues arising in the course of litigation; and
(i) judgement; and
(j) appeal; and
(k) enforcement.
11. Evidence
(1) The topics covered in respect of evidence are to provide knowledge of –
(a) the examination of both the sources and acceptability of evidence; and
(b) the rules concerning the burden and standard of proof; and
(c) the rules concerning such matters as relevance, the hearsay rule and exceptions to hearsay, admissions and the discretion to exclude evidence.
(2) Without limiting subclause (1) , the topics covered in respect of evidence may include –
(a) the burden and standard of proof; and
(b) competence and compellability; and
(c) privilege; and
(d) the examination of witnesses; and
(e) tendency and co-incidence; and
(f) credibility; and
(g) the accused as a witness; and
(h) documentary evidence; and
(i) opinion evidence; and
(j) hearsay and the exceptions to hearsay; and
(k) admissions; and
(l) discretions to exclude or limit the use of evidence; and
(m) unreliable evidence.
12. Ethics and professional responsibility
(1) The topics covered in respect of ethics and responsibility are to provide knowledge of –
(a) the various pertinent rules concerning a practitioner’s duty to the law, the courts, clients and fellow practitioners; and
(b) a basic knowledge of the principles relating to the holding of money on trust.
(2) Without limiting subclause (1) , the topics covered in respect of ethics and professional responsibility may include professional and personal conduct in respect of a practitioner’s duty to –
(a) the law; and
(b) the courts; and
(c) clients, including a basic knowledge of the principles relating to the holding of money on trust; and
(d) fellow practitioners.
SCHEDULE 2 - Matters Relevant
SCHEDULE 2 - Matters Relevant to State Qualifications
SCHEDULE 2 - Matters Relevant SCHEDULE 2 - Matters Relevant to State Qualifications
(a) the nature and quality of the applicant’s previous academic and practical legal training qualifications, including the results obtained in academic or practical legal training subjects undertaken in Australia;
(b) the length of time since the applicant successfully completed a particular academic or practical legal training requirement;
(c) the applicant’s subsequent verifiable experience in the subject matter of a particular academic or practical legal training requirement;
(d) the nature, duration and currency of the applicant’s experience in law-related occupations, including experience gained –
(i) in working in an Australian jurisdiction, or with Australian lawyers or in Australian law; or
(ii) in an environment requiring the regular public or objective testing of the applicant’s judgement and knowledge of the relevant law;
(e) whether there have been significant changes in the relevant law since the applicant completed an academic or practical legal training requirement;
(f) other factors that may bear on the currency or relevance of the applicant’s knowledge or experience in relation to a particular academic or practical legal training requirement.
SCHEDULE 3 - Practical Legal T
SCHEDULE 3 - Practical Legal Training Competency Standards
SCHEDULE 3 - Practical Legal T SCHEDULE 3 - Practical Legal Training Competency Standards
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These rules may be cited as the Legal Profession (Board of Legal Education) Rules 2021 .
2 Commencement
2 Commencement
These rules take effect on 23 June 2021.
3 Interpretation
3 Interpretation
In these rules –
Act means the Legal Profession Act 2007 ;
admission means admission within the meaning of Part 2.2 of Chapter 2 of the Act;
admitting authority means the authority responsible for determining whether an application for admission to the legal profession in that jurisdiction has satisfied the requirements for admission in that jurisdiction;
applicant means an applicant within the meaning of Part 2.2 of Chapter 2 of the Act;
approved academic institution means an academic institution approved under rule 5 ;
approved academic qualification means an academic qualification approved under rule 4 ;
approved practical legal training provider means a practical legal training provider approved under rule 9 ;
approved practical legal training requirement means a practical legal training requirement approved under rule 7 ;
Board means the Board of Legal Education within the meaning of the Act;
LACC means the Law Admissions Consultative Committee responsible to the Council of Chief Justices of Australia and New Zealand;
provide a regime for approving PLT providers and for monitoring and reviewing provider performance, including charging reasonable review costs to the provider (rules 9 and 10);
require local applicants to apply to the Board for a certificate that they have satisfied the approved academic and PLT requirements (rule 11), and specify supporting documentation (rule 12) and the Board’s duty to issue or refuse a certificate (rule 13);
establish a separate process for overseas-trained applicants , both “qualified overseas applicants” and “overseas practitioner applicants” , to obtain Board directions on equivalence, specifying material to be supplied, inquiry and advice processes, and the Board’s powers to direct further study or training or to certify equivalence (rules 15-22);
set fees for applications (50 fee units for a local applicant certificate; 400 fee units for an overseas directions application, rule 23) while allowing waiver or refund (rule 23(2));
enable the Board to vary or dispense with rule requirements in specified circumstances (rule 24);
preserve certificates, directions and advice issued under the former 2010 rules (rule 26) and permit the Board to resolve transitional issues (rule 27).
Operational consequences follow from these mechanics: the Board exercises administrative gatekeeping over which academic programmes, institutions and PLT providers count for admission in Tasmania (rules 4-10); applicants must supply documentary proof and fees (rules 11-12, 23); the Board may impose additional training, conditions or time limits for application following its assessment (rules 4(3), 8(6), 21, 22); and institutions and providers are subject to monitoring and cost-recovery for reviews (rules 6(3), 10(3)). The rules do not themselves create criminal sanctions; enforcement is through administrative instruments such as approval, conditions, withdrawal, certification or refusal (see rules 5(2), 9(3), 13). The substantive knowledge and competency content that the Board must assess are set out in Schedules 1-3, which specify detailed academic areas and PLT competency standards to be met.
Main concepts
The rules define a compact set of technical concepts that allocate responsibilities between applicants, the Board, approved institutions and providers, and admitting authorities in other jurisdictions.
Board and Act: The Board is the Board of Legal Education under the Act (rule 3). The rules operate as subordinate instruments specifying how the Board assesses qualifications for admission under section 25 of the Act (see repeated references to section 25 in rules 4 and 7).
Applicant categories: The rules distinguish:
local applicant , someone who has not previously been admitted in an Australian jurisdiction and whose academic qualifications and PLT were obtained wholly or principally in Australia (rule 3);
qualified overseas applicant , someone not previously admitted anywhere and who obtained academic qualifications and PLT wholly or principally outside Australia (rule 3; Part 3 Div 2, rule 15);
overseas practitioner applicant , someone already admitted and entitled to practise in a jurisdiction outside Australia (rule 3; Part 3 Div 3, rule 17).
These categories trigger different procedural and substantive requirements (compare Part 2 with Part 3).
Approved academic qualification and institution: An approved academic qualification for local applicants requires successful completion of a tertiary course (whether or not a law degree) from an approved academic institution that includes the equivalent of at least three years’ full-time law study and satisfactory coverage of the areas in Schedule 1 (rule 4(1)(a)). The Board may approve alternative qualifications substantially the same as those approved elsewhere (rule 4(1)(b)). Approved academic institutions are those the Board designates or recognises as meeting standards equivalent to other Australian jurisdictions (rule 5(1)); the Board may impose conditions, withdraw or vary approval (rule 5(2)).
Approved PLT and providers: An approved PLT requirement requires successful completion of PLT provided by an approved provider and resulting in competence in the skills, values and practice areas in Schedule 3 (rule 7). The rules set minimum hour requirements for different delivery modes (rule 8(4)): e.g. 900 hours for graduate diploma or non-award courses (with specified composition), and 450 hours of computing time for distance/electronic forms. PLT providers require Board approval (rule 9), and the Board may monitor and review providers and charge reasonable review costs (rule 10).
Certification and direction: Local applicants apply for a Board certificate stating they have completed the approved academic and PLT requirements (rule 11). Overseas applicants must first apply for Board directions on whether their overseas qualifications are sufficient or what further requirements are needed (rules 16 and 18), and the Board has express powers to direct equivalence, require further academic or PLT, or determine non-equivalence (rule 21).
Assessment criteria and standards: The rules supply substantive content standards. Schedule 1 lists detailed “areas of academic knowledge” across subjects such as criminal law and procedure, torts, contracts, property, equity, company law, administrative law, constitutional law, civil procedure, evidence, and ethics/professional responsibility. Schedule 3 sets out PLT competency standards: lawyer skills, problem-solving, work management and business skills, trust and office accounting skills, and a menu of practice area competencies. Schedule 2 lists matters the Board may consider in assessing state qualifications and currency (rule 4(4) and rule 8(7) reference Schedule 2).
Temporal and currency mechanisms: Two recurring currency rules affect applicants and the Board’s discretion. If academic or PLT requirements were completed more than five years before the application, the Board may require further study or training (rules 4(3) and 8(6)), and in making that assessment it may consider the Schedule 2 matters (rule 4(4), rule 8(7)). For overseas applicants, the Board may set time periods for application after its direction and may allow extensions with conditions (rule 22).
Cost and fee concepts: Fees for applications are expressed in fee units (rule 23(1)): 50 fee units for local applicant certificate applications and 400 for overseas directions applications, though the Board can waive, refund or remit fees in whole or part (rule 23(2)). Approved institutions and PLT providers must, when reviewed, supply requested information and pay reasonable costs of review (rules 6(3)(a)(ii), 10(3)(a)(ii)).
Discretion and limits: The Board has substantial discretion (approvals, directions, conditions, monitoring), but that discretion is circumscribed in places by specified standards (Schedule 1 and 3) and by a preservation requirement on variations/dispensations , the Board may vary or dispense with requirements only if it considers that doing so does not materially diminish the value of the qualifications or training, or in certain circumstances it would be unfair not to do so (rule 24(4)).
Who it affects
Primary regulated persons and entities:
prospective admissions applicants: local applicants who trained in Australia (Part 2), qualified overseas applicants and overseas practitioner applicants who trained or were admitted overseas (Part 3). These persons must apply for Board certification or directions and supply documentary evidence and fees (rules 11, 16, 18, 23).
approved academic institutions: universities and other tertiary providers seeking or holding Board designation as an approved academic institution (rule 5). The Board may designate, impose conditions, monitor, review and withdraw approval (rules 5(1)-(2), 6).
approved practical legal training providers: entities offering PLT to meet Tasmania’s admission requirements. Approval is by Board notice in writing and is conditional on resourcing and competence (rules 9(1)-(2)), with monitoring and review powers (rule 10).
the Board of Legal Education: charged with administering approvals, issuing or refusing certificates, directing overseas equivalence and conducting monitoring and reviews (rules 4-13, 15-22, 5-6, 9-10).
admitting authorities and admitting bodies in other Australian jurisdictions: their recognition and reports inform Board decisions where applicants rely on study or training from other jurisdictions (rules 4(1)(b), 5(1)(b), 12(1)(c), 12(2)(b)(ii), 20).
employers and supervisors that provide workplace experience: workplace experience is a component of approved PLT (rule 8(4)), and supervised employment in law or law-related environments will be a site for competency acquisition assessed against Schedule 3 standards.
the Supreme Court (and any admitting court): the rules create Board certificates and directions to support applications to the Supreme Court under the Act; local applicants seek a Board certificate and may seek the Court’s exemption under s 25(4) of the Act (rule 11(2)). The Act itself governs the Court’s admission power; the rules supply Board certification used in Court applications.
persons and bodies involved in cross-jurisdiction assessment: the Law Admissions Consultative Committee (LACC) is an advisory reference that the Board must take into account (rule 21(3)); deans or heads of law departments and admitting authorities in other jurisdictions can supply reports and advice (rule 20).
Secondary or derivative impacts:
persons who completed qualifications over five years earlier: they are subject to additional Board scrutiny and may be required to undertake refresher study or training (rules 4(3), 8(6)).
institutions and providers who undergo review: they must supply information and are liable to pay reasonable review costs and comply with any conditions the Board imposes (rules 6(3), 10(3), 5(2), 9(3)).
those relying on online or distance PLT: the rules set specific minimum computing-time based hour requirements for distance/electronic PLT (rule 8(4)(c)), which affects providers’ course design.
Who decides and who pays:
the Board decides on approvals, conditions, withdrawals, certifications, refusal and directions (numerous rules, e.g. 4, 5, 9, 11, 13, 21);
applicants pay fees set in fee units (rule 23), and institutions and providers generally bear the costs of Board-ordered reviews (rules 6(3)(a)(ii), 10(3)(a)(ii)).
Geographic and jurisdictional scope:
the rules apply to admission to the legal profession in Tasmania (see rule 4 opening words and Part 2 title). They also expressly interface with systems in other Australian jurisdictions and overseas jurisdictions in respect of recognition of study and PLT (rules 4(1)(b), 5(1)(b), 7(b), 16-18).
Key duties and rights
Duties and powers of the Board:
determine approved academic qualifications and approve academic institutions: rule 4 gives the substantive definition of approved academic qualification and rule 5 authorises designation of approved academic institutions;
determine approved PLT requirements and approve providers: rule 7 sets out the PLT standard and rule 9 empowers provider approval;
monitor and review approved institutions and providers: rules 6 and 10 empower the Board to consult, appoint reviewers, set terms of reference and demand information;
charge reasonable costs for reviews and require institutions/providers to pay reasonable costs (rule 6(3)(a)(ii) and 10(3)(a)(ii)); the Board may itself impose a charge for reasonable costs (rules 6(3)(b)(iii), 10(3)(b)(iii));
issue or refuse certificates to local applicants based on satisfaction of approved academic and PLT requirements (rule 13);
issue directions on equivalence for overseas applicants, specifying further academic or PLT required (rule 21) and set time limits for applying for admission (rule 22);
vary or revoke requirements imposed on an overseas applicant where doing so does not substantially diminish the value of the requirement (rule 21(2));
take into account LACC principles and specified advisors in assessing overseas qualifications (rule 20 and rule 21(3));
waive or refund fees at its discretion (rule 23(2));
vary or dispense with rule requirements for an individual application where not materially diminishing the value of qualifications or where fairness requires it, and subject to conditions (rule 24).
Duties of applicants:
local applicants must apply for a Board certificate to recommend admission and supply the relevant documentation and fee (rule 11(1)-(3), rule 12 sets the documentary standards);
overseas applicants (qualified overseas and overseas practitioner applicants) must apply for directions and supply detailed affidavits and supporting evidence, and pay the higher fee (rules 16, 18, 23(1)(b));
applicants must, where requested, cause educational institutions or admitting authorities to provide documentation directly to the Board where practicable (rule 12(4));
overseas practitioner applicants must affirm that they are currently entitled to practise in their overseas jurisdiction and not subject to disciplinary proceedings (rule 18(3)(f)).
Duties and obligations on institutions and providers:
on review, provide information requested by the Board and pay reasonable review costs (rules 6(3)(a)(i)-(ii), 10(3)(a)(i)-(ii));
maintain resourcing and capacity to provide PLT or academic courses that meet the standards in Schedules 1 and 3 for approval (rules 5(1), 9(1)-(2));
comply with conditions attached to Board approval or face withdrawal (rules 5(2), 9(3)).
Rights and procedural entitlements:
applicants can apply for variations or dispensations to rule requirements and the Board must consider those applications under rule 24; such variations are only permitted within the limits set out in rule 24(4);
overseas applicants can seek extensions of time for applying for admission where the Board has specified a time period in a direction (rule 22(2)-(3));
applicants have the right to be issued a certificate where the Board is satisfied they meet requirements, and conversely the Board must refuse where not satisfied (rule 13);
institutions and providers are to receive a copy of review reports (rules 6(3)(b)(ii), 10(3)(b)(ii)).
Administrative limits and safeguards:
the Board must ensure that variations or dispensations do not materially diminish the value of qualifications or training (rule 24(4)(a));
in assessing overseas qualifications the Board must consider LACC principles where adopted (rule 21(3));
the Board’s monitoring/review powers are procedurally structured: consultation with the subject institution/provider, appointment of reviewers and set terms of reference (rules 6(2), 10(2)).
Rights not specified:
the rules do not set out appeal paths or merits review processes for Board decisions; they provide the Board’s powers and the parties’ obligations. Any judicial review or other remedies are not described in these rules; consult the Act and general administrative law for available external review mechanisms.
Penalties and enforcement
These rules use administrative levers rather than criminal penalties to enforce compliance and to manage accreditation and admission. The instrument does not create express criminal offences or civil penalties within its text. Enforcement and sanctions are exercised primarily by administrative actions available to the Board, and by fee or cost impositions.
Administrative enforcement mechanisms in the rules:
withdrawal, variation or imposition of conditions on approvals: the Board may withdraw approval of an academic institution or PLT provider or impose or vary conditions (rules 5(2)(a)-(c), 9(3)(a)-(c)). The consequence of withdrawal is loss of approved-provider status and potential ineligibility of graduates for immediate certification;
refusal to issue a certificate: the Board must refuse to issue a certificate where it is not satisfied the applicant has the approved academic qualification and PLT (rule 13(b)), thereby preventing the administrative pathway to admission in Tasmania without further steps;
directing further academic or PLT requirements: for overseas applicants the Board may require successful completion of additional study or training as a condition of equivalence (rule 21(1)(b)); similar powers apply for local applicants where prior qualifications were completed more than five years earlier (rules 4(3), 8(6));
charging fees and review costs: the Board sets application fees payable by applicants (rule 23(1)) and may charge approved institutions and providers reasonable costs incurred for reviews (rules 6(3)(a)(ii), 10(3)(a)(ii)); failure to pay may have contractual or administrative consequences though the rules do not specify statutory debt-recovery processes;
conditions attached to variations or dispensations: the Board may grant variations or dispensations subject to conditions (rule 24(3)), and if those conditions are not met the Board could potentially take action inconsistent with certification or recognition.
Absence of penal sanctions in the rules:
there is no separate penalty schedule in these rules for offences or fines; no rule prescribes imprisonment or pecuniary penalties enforceable under the rules themselves. The primary coercive instruments are authorisation or deauthorisation, certification/refusal, and cost-recovery for reviews.
Interplay with other enforcement regimes:
the rules reference the Act (rule 3) and other admitting authorities (rules 4(1)(b), 12(1)(c), 20). Matters such as professional discipline, practising entitlements or regulatory penalties for misconduct would be governed by the Act and other professional conduct instruments, which are outside the rules themselves. For overseas practitioner applicants, the affidavit requirements include statements about disciplinary status (rule 18(3)(f)), but the rules do not prescribe penalties for false statements; other statutory or common law remedies may apply for misrepresentation.
Practical enforcement implications:
institutions and providers can be required to pay for reviews and to comply with Board conditions; failure to do so risks loss of approved status and consequent impact on students’ eligibility (rules 6 and 10);
applicants whose academic or PLT evidence is stale (completed more than five years earlier) are at risk of being required to undertake further study or PLT (rules 4(3), 8(6));
the Board’s exercise of discretion (e.g. certifying an overseas applicant despite non-compliance with a direction , rule 21(4)) means enforcement outcomes can be varied case-by-case.
Where to look for statutory penalties: to determine whether there are parallel civil or criminal sanctions arising from admission or false statements, or whether Board decisions are subject to statutory appeal, consult the Legal Profession Act 2007 and other related instruments; these rules by themselves do not prescribe such penalties.
How it interacts with other laws
Reference to the Act and admitting authorities: The rules are subordinate to the Legal Profession Act 2007, which is explicitly referenced in the definitions and operative provisions (rule 3 definition of Act; rules 4 and 7 reference section 25 of the Act). Consequently, the rules implement and operationalise admission criteria under the Act, but admission proper remains an Act-based function of the admitting court (e.g. the Supreme Court) and other statutory decision-makers under the Act. The rules direct applicants to seek Board certification or directions to support applications made under the Act (rule 11(2) refers to section 25(4) of the Act).
Inter-jurisdictional recognition and other Australian jurisdictions: The Board may recognise tertiary courses or PLT provided in other Australian jurisdictions where satisfied they meet comparable standards (rules 4(1)(b), 5(1)(b), 7(b)). The Board may rely on admitting authorities and their committees in other Australian jurisdictions in assessing equivalence (rules 20(1)(c), 20(2)(c), 21(3) requires the Board to take into account LACC principles). Thus, the rules are designed to operate within the federated system of legal admission where constitutional or statutory admission powers are held by state and territory admitting courts and authorities.
Role of LACC and expert advice: The Board may take advice from the Law Admissions Consultative Committee and from deans, heads of law departments and admitting authorities (rule 20), and must have regard to LACC principles adopted from time to time when assessing overseas applicants (rule 21(3)). That creates a mechanism by which national principles and expert academic input inform Tasmanian assessment.
Fee units and financial statutes: Fees are expressed in fee units (rule 23). The monetary value of a “fee unit” is determined in accordance with Tasmanian administrative or financial legislation or schedules that are not reproduced in these rules. Users must therefore cross-reference the fee unit valuation in the relevant state instrument to compute actual dollar costs.
Administrative law and reviewability: The rules empower the Board to make administrative determinations (approvals, approvals-with-conditions, certification, directions). While the rules do not specify avenues for appeal or merits review, Board decisions are administrative actions and thus likely subject to general administrative law remedies such as judicial review. The rules do not limit or define such remedies; for specifics consult the Act and general administrative law.
Interaction with prior rules and transitional provisions: The rules preserve certificates, directions and advice issued under the former 2010 rules (rule 26) so that past Board actions remain effective despite repeal. The Board may resolve issues arising from the repeal of the former rules (rule 27), enabling transitional administrative adjustments.
Sectoral regulation (education standards and professional practice): The Schedules embed substantive curricular expectations (Schedule 1 academic areas; Schedule 3 PLT competency standards). Those expectations interact with tertiary education regulation and providers’ obligations under higher education or vocational education regulatory regimes. Providers seeking Board approval must demonstrate compliance with Schedules 1 and 3 for their courses or PLT offerings (rules 4, 7, 9).
External law references in schedules: Schedule 1 includes a footnote indicating an amendment: “[Schedule 1 Amended by No. 8 of 2025, s. 22, Applied:14 Oct 2024]”. That internal note suggests cross-references to amending instruments; consult the cited amending Act or instrument to understand changes and their effective dates.
Amendment history
What the instrument itself records:
made: These rules were made by the Board of Legal Education at a meeting on 18 June 2021 (end of instrument);
notified: The rules were notified in the Gazette on 21 June 2021 (instrument footer);
commencement: the rules took effect on 23 June 2021 (rule 2);
predecessor instrument: the rules repeal and replace the Legal Profession (Board of Legal Education) Rules 2010, but preserve certificates, directions and advice issued under those rules (rule 26) and authorise the Board to resolve transitional issues (rule 27).
Explicit amendment annotation inside the schedules:
Schedule 1 carries a parenthetical amendment note: “[Schedule 1 Amended by No. 8 of 2025, s. 22, Applied:14 Oct 2024]” placed within the Administrative law clause of Schedule 1. The text of the rules as supplied shows that amendment note embedded in the schedule. The presence of that note indicates an amendment to Schedule 1 recorded in an amending Act or instrument (cited as No. 8 of 2025, s. 22) with an “Applied” date of 14 Oct 2024. To reconcile that numbering/date sequence or to obtain the amending text, consult the amending instrument directly.
No further amendment entries are included in the text provided. The rules retain the status of certificates/directions/advice issued under the former 2010 rules (rule 26). Rule 27 grants the Board discretion to make decisions to resolve issues arising from the transition from the former rules to the 2021 rules, which provides a mechanism for administrative adjustment post-commencement without immediate legislative amendment.
What is not in the instrument:
the instrument text provided does not include any consolidated list of subsequent amendment enactments besides the Schedule 1 footnote. It does not itself list dates or content of amendments other than the embedded footnote.
there is no separate registry of Board notices exercising powers under rules 5, 9, 21, or 24; such notices (designation of approved institutions/providers, conditions, withdrawals, directions) are made by the Board by notice in writing and would be recorded administratively rather than in the rules. Interested parties must check Board notices, Gazette entries and departmental registers for real-time changes to approved institution and provider lists, or for conditions attached to approvals.
Practical tasks for users seeking current status:
verify whether Schedule 1 was in fact amended by the instrument cited (No. 8 of 2025, s. 22) and obtain the amending text and its effective date from the statute book or the Tasmania legislation website;
inspect the Board’s published notices for any designation, condition, withdrawal, or imposition of requirements on institutions or providers (rules 5(1), 5(2), 9(1), 9(3));
consult the Department of Justice (administrating department) or the Board for any subsequent practice notes, policy guidance or lists of approved institutions/providers;
where fees are concerned, determine the current dollar value of a “fee unit” as at the relevant date to compute actual application costs (rule 23).
Litigation history
The text of these rules does not record any litigation history. There are no cases, appeals, or judicial decisions mentioned or cited in the instrument itself.
What the instrument permits and what to monitor:
the Board’s powers (certification, refusal, conditions, withdrawal, directions) create administrative decisions that are typically challengeable by judicial review in the appropriate jurisdiction, subject to standing and justiciability principles under administrative law. The rules do not specify internal appeal or review mechanisms for Board decisions, nor do they set out statutory appeal rights. For any litigation history concerning the Board’s exercise of these functions one must search the Tasmanian courts’ decisions and administrative law reports concerning decisions under the Legal Profession Act 2007 and these Rules.
decisions that are more likely to generate disputes include refusal to issue a certificate (rule 13), withdrawal of an institution’s or provider’s approval (rules 5(2), 9(3)), imposition of further study requirements where prior qualifications are older than five years (rules 4(3), 8(6)), and directions for overseas applicants that require additional study or training (rule 21).
How to obtain litigation records:
to build a record of litigation about these rules or the Board’s practice, search Tasmanian Supreme Court decisions, Administrative Appeals Tribunal (if applicable), and any reported cases that reference the Board’s ministerial/administrative actions or the Act’s s 25 in admission contexts. Also search legal databases and the Board’s own published decisions or registers where they release reasons.
Caveat on statements about judicial review: The instrument does not comment on judicial review or remedies. Any statement here about possible judicial review reflects the administrative character of the Board’s actions rather than a rule provision. To determine available remedies and past litigation outcomes, consult case law and procedural rules external to these rules.
Gotchas
A list of practical, source-grounded pitfalls, traps and non-obvious points to watch when using these rules:
Five-year currency trigger: If your academic qualification or PLT was completed more than five years before applying, the Board may require additional study, examinations or training (rule 4(3) for academic qualifications; rule 8(6) for PLT). The Board’s discretion here is broad; check Schedule 2 matters the Board may consider (rule 4(4) and Schedule 2). Don’t assume prior study remains acceptable solely because it satisfied formal academic requirements when completed.
Board can certify despite non-compliance with its own directions: For overseas applicants, rule 21(4) expressly allows the Board to certify that an overseas applicant has sufficient academic and PLT for admission “whether or not the applicant has complied with a direction under this rule”. That means a direction requiring further study is not an absolute precondition to certification in every case; the Board retains residual flexibility. Applicants and advisors should not assume directions are rigid or that compliance is the only route.
Different PLT hour counts by mode: The minimum PLT hours vary by delivery mode , 900 hours for graduate diploma or non-award courses (with differing composition requirements), but only 450 hours of computing time for distance/electronic delivery (rule 8(4)). Providers and students must track how hours are computed and recorded; the Board accepts higher durations but will enforce minimum compositions for workplace experience and programmed training.
Documentation must often come directly from providers: Under rule 12(4) the Board may request that certificates or other documentary information be provided directly by the issuing institution or admitting authority. Applicants should anticipate lead times and ensure their institutions can supply certified documentation promptly.
Fee units may mask actual dollar cost: Fees are specified in fee units (rule 23). The present dollar value depends on the applicable fee-unit valuation. Check the current value of a fee unit and whether that value has changed since the rule’s commencement date.
Review costs are payable by institutions/providers: If the Board reviews an approved academic institution or PLT provider, the institution or provider must “pay to the Board the reasonable costs incurred” (rules 6(3)(a)(ii) and 10(3)(a)(ii)). Providers should budget for the financial risk of review, especially if they undertake structural changes that might invite scrutiny.
Schedules are prescriptive: Schedule 1 lists the academic areas of knowledge that “must be studied” (Schedule 1 clause 1). Schedule 3 sets specific competency standards for PLT. Course designers must map curriculum and assessment to these schedules; “may be” language in Schedule 1 indicates some topics are examples but the schedule itself is a required benchmark for Board assessment (see rule 4(1)(a)(iii)).
Variation/dispensation threshold: Rule 24 allows variation or dispensation only where it does not materially diminish the value of qualifications/training or where fairness following a Board direction requires it (rule 24(4)). That test is substantive; a mere administrative convenience argument may not succeed. Make a targeted, evidence-based application under rule 24 rather than a general plea.
Affidavit content for overseas applicants is detailed: For qualified overseas applicants and overseas practitioner applicants, the rules require comprehensive affidavits with supporting evidence on the nature of qualifications, compliance with overseas admission requirements, English language competence, disciplinary status, practical experience and whether admission has been sought in other Australian jurisdictions (rules 16(3) and 18(3)). Failure to include required content risks delay or refusal.
Board’s monitoring powers are structured but may be costly: The Board may appoint external reviewers and set terms of reference (rules 6(2), 10(2)). Approved institutions/providers receive the review report but also may incur charges for reasonable Board costs (rules 6(3)(b)(iii), 10(3)(b)(iii)). Manage internal compliance to avoid triggering costly reviews.
Transitional preservation of prior Board actions: Certificates, directions and advice issued under the former 2010 rules continue to have effect (rule 26). If relying on older Board instruments, verify whether the specific certificate or direction remains effective in the current admissions pathway.
No internal appeal procedure specified: The rules do not set out an appeals or merits review mechanism for Board decisions. If a party wants to challenge a Board decision, investigate judicial review options and whether any statutory appeal or review under the Act exists.
Interpretation of “equivalent” and “substantially the same”: Terms like “substantially the same” and “equivalent” appear in rules 4(1)(b), 5(1)(b), 7(b) and 21(1)(a). The Board’s interpretation, informed by LACC principles and expert advice, determines practical outcomes. Where an applicant’s course materially departs from the Schedules, expect the Board to require mapped evidence and possibly additional requirements.
How to comply
This section presents pragmatic, rule-specific steps and compliance checklists for the principal regulated actors: local applicants, overseas applicants, academic institutions, and PLT providers. Every citation is to the rules and Schedules in the instrument.
For local applicants (domestic-trained):
Confirm category: ensure you meet the definition of local applicant (rule 3). If you were previously admitted elsewhere in Australia, you are not a local applicant.
Map your academic qualification to Schedule 1: check that your course provides the equivalent of at least three years’ full‑time law study and covers areas in Schedule 1 (rule 4(1)(a)(ii)-(iii)). If your course is non-traditional, obtain institutional certification and consider an application under rule 4(2) where the Board can determine equivalence based on demonstrated competence.
Check institutional approval: confirm your tertiary provider is an “approved academic institution” (rule 5(1)). If not, determine if the Board has previously recognised the course in another Australian jurisdiction and will accept it (rule 5(1)(b)).
Complete PLT in an approved provider or ensure your PLT meets Schedule 3 competency standards: check the required minimum hours and composition under rule 8(4) (900 hours for most on-campus PLT, 450 computing hours for distance PLT). Ensure workplace experience hours are satisfied where required.
Document collection: obtain a certificate from the approved academic institution and from the PLT provider certifying successful completion as required by rule 12(1)-(2). Anticipate the Board may request these to be sent directly by the institutions (rule 12(4)).
Fee payment: prepare the fee set out in rule 23(1)(a) (50 fee units), or apply for a waiver under rule 23(2) if appropriate.
Lodge application to Board: apply under rule 11 supplying the documents, affidavit if requested (rule 12(3)), and fee. If completed qualifications were obtained more than five years earlier, be prepared for the Board to require further study, examination or training (rule 4(3)).
If any element is missing or exceptional, lodge an application under rule 24 seeking variation or dispensation, supplying evidence that the variation will not materially diminish the value of qualifications (rule 24(2)-(4)). Be specific about conditions you can accept.
For qualified overseas applicants and overseas practitioner applicants:
Initial directions application: before applying to the Court for admission, apply to the Board for directions under rule 16 (qualified overseas) or rule 18 (overseas practitioner). Pay the fee in rule 23(1)(b) (400 fee units) unless a waiver is granted (rule 23(2)).
Prepare detailed affidavit and evidence: include the nature and details of academic qualifications and PLT/practical experience, evidence of having met the admitting requirements of the overseas jurisdiction and any formal/procedural requirements, English language competency evidence, results of any Australian applications for admission and any additional information requested by the Board (rules 16(3), 18(3)).
Anticipate the Board’s options: the Board may direct equivalence, require further academic or PLT, or find non-equivalence (rule 21(1)). The Board must take into account LACC principles and may obtain external advice (rules 20 and 21(3)).
Time-bound actions: if the Board gives a direction setting a time by which you must apply for admission, apply within that period or seek an extension under rule 22(2)-(3). Extensions may be conditional.
Where practicable, obtain corroborating reports from admitting authorities in the overseas jurisdiction or from Australian admitting authorities where relevant (rule 20(1)(c)).
If the Board requires further study or training, determine whether that requirement is consistent with equivalent local requirements, or whether an application under rule 24 for dispensation is merited.
For universities and academic institutions seeking Board approval:
Seek designation: the Board may designate an institution as approved by notice in writing (rule 5(1)(a)). Alternatively, seek recognition if your institution is recognised by another Australian admitting authority as meeting admission standards (rule 5(1)(b)).
Map curricula to Schedule 1: ensure courses and subjects demonstrate satisfactory coverage of the Schedule 1 areas of academic knowledge; prepare course documentation and assessment mapping.
Prepare for review and monitoring: implement record-keeping and provide resources so you can respond to Board monitoring and review processes (rule 6(1)-(3)). Budget for the possibility that the Board may require payment of reasonable review costs (rule 6(3)(a)(ii)).
Be prepared to accept conditions: if the Board imposes conditions, respond promptly and engage with the Board on remediation plans (rule 5(2)(b)).
For PLT providers:
Apply for Board approval: satisfy the Board on resourcing and competence to deliver PLT standards in Schedule 3 (rule 9(1)-(2)).
Program design: ensure PLT courses contain the specified skills, values and practice areas (Schedule 3 Part 1), and meet the competency standards in Parts 2-4. Ensure workplace experience and programmed training hours meet rule 8(4) for the relevant delivery mode.
Monitoring and review preparedness: develop compliance documentation and processes to supply information requested during a Board review and to receive and respond to a review report (rule 10(2)-(3)). Expect to pay reasonable review costs if assessed (rule 10(3)(a)(ii)).
Maintain records to demonstrate student attainment against Schedule 3 competencies for audit and certification purposes.
Cross-cutting compliance pointers:
English language competency: all overseas applicant categories must demonstrate sufficient English in writing and spoken English to engage in legal practice in Tasmania (rules 15(d) and 17(b)). Provide evidence (e.g. recognised tests, institutional certification).
Affidavit accuracy: ensure all affidavits required by rules 16(3) and 18(3) are accurate and supported by documentary evidence; overseas practitioner applicants must specifically address disciplinary history and current practising entitlement (rule 18(3)(f)).
Early engagement with the Board: where there is any doubt over the status of a course, provider or the currency of a qualification, engage early with the Board , through direction applications, rule 24 variation/dispensation applications, or pre-enrolment queries , to reduce the risk of later refusal.
Evidence chain: where possible, have academic and PLT certificates sent directly by issuing institutions to the Board (rule 12(4)) to avoid delays or contested documentation.
Fee planning: compute actual dollar fees by reference to the prevailing value of a fee unit at the time of application, and consider applying for fee waiver early if financial hardship is an issue (rule 23(2)).
If assistance is required, contact the Department of Justice (which administers the rules) or the Board of Legal Education for procedural guidance, and consult the Legal Profession Act 2007 for the interplay between Board certification and a Supreme Court application for admission.
(a) has not previously been admitted to the legal profession in a jurisdiction in Australia; and
(b) submits an application for admission on the basis of academic qualifications and practical legal training obtained wholly, or principally, in Australia;
overseas practitioner applicant means an applicant who –
(a) is admitted to the legal profession in a jurisdiction other than Australia; and
(b) at the time of application for admission under the Act, is entitled to practise as a legal practitioner in a jurisdiction outside Australia;
qualified overseas applicant means an applicant who –
(a) has not previously been admitted to the legal profession in a jurisdiction; and
(b) submits an application for admission on the basis of academic qualifications and practical legal training obtained wholly, or principally, outside of Australia.
Part 2 Rules Relating to Admission of Local Applicants
Part 2 Rules Relating to Admission of Local Applicants
Division 1 Academic requirements for admission
Division 1 Academic requirements for admission
4 Approved academic qualifications
4 Approved academic qualifications
(1) For the purposes of section 25 of the Act, the academic qualification approved for admission to the legal profession in Tasmania is the successful completion of –
(a) a tertiary course of study, whether or not leading to a qualification in law, that –
(i) is provided by an approved academic institution; and
(ii) includes the equivalent of at least three years of full-time study of law; and
(iii) requires the person undertaking the course to acquire and demonstrate a satisfactory level of knowledge of, and competence in, the areas of academic knowledge specified in Schedule 1 ; or
(b) a tertiary course of study, whether or not leading to a qualification in law, that, in the opinion of the Board –
(i) would qualify the applicant for admission to the legal profession in a jurisdiction other than Tasmania; and
(ii) is substantially the same as that approved for admission in this jurisdiction.
(2) The Board may determine that a local applicant has the approved academic qualification without satisfying the requirements specified in subrule (1) if the Board is satisfied that the applicant has acquired and demonstrated a satisfactory level of understanding of, and competence in, the areas of knowledge specified in Schedule 1 .
(3) If a local applicant completed the requirements specified in subrule (1) or (2) more than 5 years immediately before the day on which the applicant lodged an application under rule 11 , the Board may, after assessing the applicant’s academic qualifications –
(a) require the applicant to successfully complete one or more of the following as the Board may determine:
(i) further academic qualification;
(ii) further academic study;
(iii) further examination; or
(b) make a determination that the applicant’s academic qualification is an approved academic qualification for the purposes of these rules.
(4) The Board, in assessing a local applicant’s academic qualifications for the purposes of subrule (3) , may consider any matter specified in Schedule 2 as it relates to the applicant’s academic qualification.
5 Approved academic institution
5 Approved academic institution
(1) Each of the following is an approved academic institution for the purposes these rules:
(a) a tertiary institution designated, by notice in writing to the academic institution, by the Board as an approved academic institution;
(b) an institution recognised by another jurisdiction in Australia as providing a tertiary course of study which, to the Board’s satisfaction –
(i) satisfies the academic requirements for admission to the legal profession in the other jurisdiction; and
(ii) requires the person undertaking the tertiary course of study to acquire and demonstrate a satisfactory level of knowledge of, and competence in, the areas of academic knowledge specified in Schedule 1 ; and
(iii) is substantially the same as that approved for admission in this jurisdiction.
(2) The Board may, by notice in writing to an approved academic institution –
(a) withdraw the Board’s approval of that academic institution; or
(b) impose a condition on the Board’s approval of that academic institution; or
(c) vary or revoke a condition imposed by the Board.
6 Monitoring and review of approved academic institution
6 Monitoring and review of approved academic institution
(1) The Board may monitor and review –
(a) the performance of, and the resources available to, an approved academic institution in providing all, or part of, a course of study; and
(b) the content and conduct of all, or part of, a course of study or a subject provided by the approved academic institution.
(2) For the purposes of monitoring and review under subrule (1) , the Board –
(a) is to consult with the approved academic institution subject of the review; and
(b) may appoint one or more persons to conduct a review of –
(i) a course of study; or
(ii) a subject in the course of study provided by the academic institution; and
(c) may determine the terms of reference for the review.
(3) If, under subrule (1) , the Board conducts a review of an approved academic institution –
(a) the institution subject of the review –
(i) must provide to the Board such information as requested by the Board for the purposes of the review; and
(ii) is to pay to the Board the reasonable costs incurred by the Board for the purposes of the review; and
(b) the Board –
(i) may request such information as required by the Board for the purposes of the review; and
(ii) must provide the institution with a copy of a report prepared by, or received by, the Board as a result of the review; and
(iii) may impose, on the institution subject of the review, a charge for reasonable costs incurred by the Board in undertaking the review.
Division 2 Practical legal training requirements for admission
Division 2 Practical legal training requirements for admission
7 Approved practical legal training requirements
7 Approved practical legal training requirements
For the purposes of section 25 of the Act, the practical legal training approved for admission to the legal profession in Tasmania is –
(a) successful completion of practical legal training that –
(i) is provided by an approved practical legal training provider; and
(ii) in the opinion of the Board, results in a participant in the training acquiring and demonstrating a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 ; or
(b) successful completion of practical legal training that, in the opinion of the Board –
(i) would qualify the person who completed the practical legal training for admission to the legal profession in an Australian jurisdiction other than Tasmania; and
(ii) results in a participant in the training acquiring and demonstrating a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 ; and
(iii) is substantially the same as that approved for admission in this jurisdiction.
8 Commencement and duration of practical legal training
8 Commencement and duration of practical legal training
(1) In this rule –
integrated program means a program of study that has integrated or combined the components of –
(a) an approved academic qualification; and
(b) an approved practical legal training requirement;
programmed training means structured and supervised training activities, research and tasks with comprehensive assessment;
workplace experience means supervised employment in a law or law-related work environment or equivalent unpaid engagement in such an environment.
(2) A person is eligible to commence approved practical legal training in a program that is not an integrated program, if –
(a) the person has successfully completed an academic qualification approved for admission to the legal profession in Tasmania; or
(b) the person is –
(i) enrolled in an academic qualification and has no more than 2 academic subjects remaining to be completed in that academic qualification; and
(ii) the 2 academic subjects referred to in subparagraph (i) are not areas of academic knowledge specified in Schedule 1 ; and
(iii) the person submits an application to the Board for permission, and the Board grants such permission, to commence the practical training requirement.
(3) A person is eligible to commence an integrated program that –
(a) requires the equivalent of 3 years’ full-time academic study of law, not including the time required to undertake the practical legal training components of the program; and
(b) has been recognised by the Board as providing an academic qualification and practical legal training for the purposes of admission to the legal profession.
(4) Practical legal training approved for admission to the legal profession in Tasmania is to include programmed training and workplace experience of at least –
(a) if the practical legal training is undertaken as a program of academic study at graduate diploma level, 900 practical legal training hours, of which at least 90 hours are workplace experience; or
(b) if the practical legal training is undertaken as a non-award training course, 900 practical legal training hours, of which at least 450 hours are programmed training and 90 hours is workplace experience; or
(c) if the practical legal training is undertaken as distance training or in electronic form, 450 hours of computing time.
(5) Nothing in these rules –
(a) prevents an approved practical legal training provider from providing practical legal training of a duration period that exceeds the minimum practical legal training specified in subrule (4) ; or
(b) invalidates the person’s practical legal training if the person completed practical legal training hours in excess of the minimum practical legal training specified in subrule (4) .
(6) If a local applicant completed the requirements specified in rule 7 more than 5 years immediately before the day on which the applicant lodged an application under rule 11 , the Board may, after assessing the applicant’s practical legal training requirement –
(a) require the applicant to successfully complete such further practical legal training as the Board may determine; or
(b) make a determination that the applicant’s practical legal training is an approved practical legal training requirement for the purposes of these rules.
(7) The Board, in assessing a local applicant’s practical legal training requirement for the purposes of subrule (6) , may consider any matter specified in Schedule 2 as it relates to the applicant’s practical legal training requirement.
9 Approved practical legal training provider
9 Approved practical legal training provider
(1) The Board may, by notice in writing to a practical legal training provider, approve the practical legal training provider for the purpose of providing an approved practical legal training requirement, if the Board is satisfied that –
(a) the practical legal training provider is appropriately resourced to provide the practical legal training requirement; and
(b) the practical legal training provider will competently conduct the practical legal training requirement.
(2) For the purposes of subrule (1)(b) , practical legal training is competently conducted if a participant in the training acquires and demonstrates as part of the training a satisfactory level of knowledge of, and competence in, the skills, values and practice areas specified in Schedule 3 .
(3) The Board may, by notice in writing to an approved practical legal training provider –
(a) withdraw the Board’s approval of that practical legal training provider; or
(b) impose a condition on the Board’s approval of the provider; or
(c) vary or revoke a condition imposed by the Board.
10 Monitoring and review of approved practical legal training provider
10 Monitoring and review of approved practical legal training provider
(1) The Board may monitor and review –
(a) the performance of, and the resources available to, an approved practical legal training provider; and
(b) the content and conduct of the practical legal training course, or part of the course, provided by the approved practical legal training provider.
(2) For the purposes of monitoring
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