NSW Admission Board Rules 2015

NSW Admission Board Rules 2015 Part 1Preliminary 1 (1) These Rules are made by the Legal Profession Admission Board under section 21A of the Legal Profession Uniform Law Application Act 2014. (2) These Rules may be cited as the NSW Admission Board Rules 2015. 2 These Rules succeed the Legal Profession Admission Rules 2005 with effect from 1 July 2015. 3 These Rules are divided into Parts as follows: Part 1—Preliminary, rules 1–6 Part 2—Administration, rules 7–14 Part 3—Legal Qualifications Committee, rules 15–26 Part 3A—Examinations Committee, rules 27–27K Part 4—Students-at-Law, rules 28–36 Part 5—Repealed Part 6— Repealed Part 6A— Repealed Part 7—Examinations, rules 46–78A Part 8—Certificates, rules 79–81 Part 9—Discipline, rules 82–88 Part 10—Hearings, rules 89–93 Part 11—Exemptions, rules 97-98 Part 11B— Repealed Part 12—Fees, rules 109–113 Part 13—Transitional, rules 113A–115 Part 14—Miscellaneous, rules 116–118 4 In these Rules, unless the context or subject matter otherwise indicates or requires: Act means the Legal Profession Uniform Law Application Act 2014. Approved forms means forms approved by the Board. Bar Association means the New South Wales Bar Association. Board means the New South Wales Legal Profession Admission Board. Board’s examinations means the examinations set out in these Rules. Court means the Supreme Court of New South Wales. Examinations Committee means the Committee established under these Rules to oversee the content and conduct of the Board’s examinations and the candidature of students-at-law. Erratum The NSW Admission Board Rules 2015 were published on LW 26 June 2015 (2015 No 353). These Rules were published with missing provisions. The correct Rules are now published in full below. 1 Published LW 17 July 2015 (2015 No 403) Executive Officer means the person appointed as Executive Officer to the Board under rule 7. graduate means a person who has taken a degree after examination at any university considered by the Board to be of good standing. Judge means a Judge or Associate Judge of the Court. Law Extension Committee means the Law Extension Committee of the University of Sydney. law school means an educational facility conducted by a tertiary educational authority which has as one of its aims the production of graduates eligible to be admitted as lawyers inside or outside of New South Wales. Law Society means The Law Society of New South Wales. Legal Qualifications Committee means the Committee established under these Rules to superintend the qualification of candidates for admission and to advise the Board in relation to the accreditation of academic and practical training courses. Uniform Law means the Legal Profession Uniform Law (NSW). Uniform Rules means the Legal Profession Uniform Admission Rules 2015. Rules means the NSW Admission Board Rules 2015. prescribed fee means a fee set out in the Third Schedule. Presiding Member means the presiding member of the Board determined, nominated or elected in accordance with Schedule 3 of the Act. student-at-law means a person registered as such under these rules Part 4. 5 Unless the context or subject matter otherwise indicates or requires, the definitions in the Act, Uniform Law and Uniform Rules, applies to these Rules. 6 (Repealed) Part 2 Administration 7 (1) The Board shall appoint an Executive Officer. (2) The Executive Officer shall either in person or by deputy approved by the President attend all meetings of the Board, keep minutes of its proceedings, conduct its correspondence and perform such other duties as the Board may require. 8 The Executive Officer shall keep the Board aware of the financial position of the Board at all times and shall provide the appropriate information to enable the Board to comply with the Public Finance and Audit Act 1983. 2 Published LW 17 July 2015 (2015 No 403) 9 (1) The Board shall have a seal. (2) The seal may be affixed to any document or certificate issued by the Board under the hand of the Chief Justice, the President, another judicial member of the Board or the Executive Officer. 10 (Repealed) 11 The Board may adjourn consideration of an application or matter before it under these Rules pending the provision of such further material or evidence as it considers necessary or appropriate. 12 The Board may inform itself of any matter which it considers relevant to an application before it in any manner it thinks appropriate, but the Board shall not determine an application adversely to an applicant on material not supplied by the applicant without first giving notice of the material to the applicant. 13 (1) Subject to the provisions of the Act, the Board, the Legal Qualifications Committee or the Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, relax any of these Rules. (2) An application for relaxation of the Rules shall be made through the Executive Officer not less than 14 days before the meeting at which the application is to be considered. (3) Without derogating from the generality of sub-rule (1), the Board may relax any of the rules relating to the registration as a student-at-law. (4) An application for relaxation of any of the rules relating to students-at-law may be made together with a corresponding application for registration. 14 (1) Every applicant for registration as a student-at law shall, if required by the Board, provide answers to such questions as the Board may put relating to his or her conduct, and shall if required attend the Board for the purpose of providing further explanations. (2) If an applicant fails to provide answers within one month of being required to do so, or fails to attend the Board as required, the Board may, without further notice, refuse the application. Part 3Legal Qualifications Committee 15 The Legal Qualifications Committee is hereby constituted to superintend the qualification of candidates for admission and to advise the Board in relation to the accreditation of academic and practical training courses. 16 (1) The Legal Qualifications Committee shall consist of the following persons: (a) three Judges nominated by the Chief Justice, 3 Published LW 17 July 2015 (2015 No 403) (b) three Barristers nominated by the Bar Council, (c) three Solicitors nominated by the Law Society Council, and (d) three Professors of Law or full-time Law Lecturers nominated by the Committee of NSW Law Deans. (2) The Legal Qualifications Committee may, by co-option, appoint up to three further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers. (3) The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination. 17 Nominations under rule 16 shall be made to the Executive Officer. 18 (1) The term of office of a member of the Legal Qualifications Committee shall normally be from 1 July of an even numbered year to 30 June of the next even numbered year. (2) All positions become vacant on 30 June of an even numbered year. (3) Members may be re-nominated for subsequent terms. 19 The Legal Qualifications Committee shall elect: (a) as its Chairperson a Judge appointed under rule 16 (1) (a), and (b) a Deputy Chairperson to exercise all the powers of the Chairperson when the Chairperson is absent. 20 The Executive Officer shall be the Executive Officer of the Legal Qualifications Committee. 21 Five members shall constitute a quorum of the Legal Qualifications Committee. 22 The Legal Qualifications Committee shall appoint an Academic Exemptions Sub-Committee of up to three members to determine applications under Uniform Rules 11(1), 5(2) and rule 97. 23 The Legal Qualifications Committee shall appoint a Practical Training Exemptions Sub-Committee of up to three members to determine applications under Uniform Rules 11(2), 6(4) and rule 98. 23A (Repealed) 24 The Legal Qualifications Committee shall appoint an Accreditation Sub-Committee of up to three members to make recommendations relating to the recognition and accreditation of courses under Uniform Rules 7 and 8. 25 The Legal Qualifications Committee may delegate to its Chairperson, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision or decisions on any matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply for a reconsideration of the matter by the Legal Qualifications Committee. 4 Published LW 17 July 2015 (2015 No 403) 26 The Legal Qualifications Committee is accountable to the Board and shall report to the Board at least once in each calendar year as to its activities, including in its report any proposals the Committee may wish to make about the Rules, procedures or other matters relating to the Committee’s work. Part 3AExaminations Committee 27 The Examinations Committee is hereby constituted to oversee the content and conduct of the Board’s examinations and the candidatures of students-at-law. 27A (1) The Examinations Committee shall consist of the following persons: (a) two Judges nominated by the Chief Justice, (b) one Barrister nominated by the Bar Council, (c) one Solicitor nominated by the Law Society Council, (d) the Director of the Law Extension Committee, and (e) two Examiners appointed by the Chairperson of the Examinations Committee. (2) The Examinations Committee may, by co-option, appoint up to two further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers. (3) The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination. 27B Nominations under rule 27A shall be made to the Executive Officer. 27C (1) The term of office of a member of the