Work Experience Rules - New South Wales

The College of Law Practical Legal Training Program (the Program) satisfies the practical legal training requirements for direct admission to legal practice in, New South Wales.

The Program consists of three parts:

  1. The Coursework Component
  2. The Work Experience Component, and
  3. The Continuing Professional Education Component.

These Rules relate to the New South Wales Work Experience Component.

The College of Law is not authorised to grant exemptions from the Work Experience Component, or from any component of the Program. Anyone seeking exemption from the Work Experience Component, whether on the basis of overseas experience as a lawyer or otherwise, should seek guidance from the Legal profession Admission Board.

 

Definitions

 

Term

Definition

Legal practitioner

 

New South Wales Stream

A “legal practitioner” refers to a legally qualified person, however called, who holds a practising certificate in an Australian jurisdiction.

The Program accredited by the Legal Profession Admission Board in New South Wales for direct admission for legal profession in that State.

 

Rules

 

Rule

Sections

1. Constitution of the Work Experience Committee

1.1 There is a Work Experience Committee which is appointed by, and reports to, the Board of Directors of the College of Law and to the College of Law Academic Board.

2.1 Members of the Work Experience Committee may hold office for two years and may be reappointed.

3.1 The Director, PLT Program, the Student Services Manager and the Senior Student Services Officer are ex officio members of the Work Experience Committee.

4.1 The Work Experience Committee may regulate its own procedures in implementing these rules.

2. The application process

2.1  In order to have your work experience placement approved you must complete the Work Experience Component Application for Approval of Placement form and submit it to the Work Experience Committee.

2.2  Approval in accordance with 2.1 should be obtained before you commence the work experience. Students contemplating overseas work experience placements must refer to Rule 8.

2.3  If you do not obtain approval before you commence the work experience placement, then retrospective approval of the work experience will be at the discretion of the Work Experience Committee but subject to the requirements of any relevant regulatory body.

3. When to do your work experience

3.1  All program components must be completed within a 4 year period. Timing of the Work Experience Component is dependent on the mode selected for the Coursework Component and in all cases is subject to course rules:

(a)  If undertaking the Coursework Component full-time, work experience may be undertaken either before or after the Coursework Component, but will not be approved concurrently with any Coursework Component.

(b)  If undertaking the Coursework Component part-time, work experience may be undertaken before, after or concurrently with the Coursework Component.

3.2  If you complete the Coursework Component first, you must commence the Work Experience Component within 3 years of completing the Coursework Component.

3.3  If you complete the Work Experience Component first, you must commence the Coursework Component within 3 years of completing the Work Experience Component.

4. Required duration of work experience

4.1  Work experience must total 15 weeks (the equivalent of 75 days). You can undertake up to 11 weeks (55 days) of this experience before completing the final assessment in your law qualification provided the experience falls within 3 years preceding your enrolment in the Program. 20 days of the experience must be accrued after you have completed the final assessment in your law qualification.

4.2  The 75 days of work experience may be made up by aggregation of multiple placements. Each placement may consist of multiple periods of work experience provided that each period is at least 1 day per week, which can be made up of 2 or more half days (4 hours) in any week.

4.3  The maximum number of days that may be made up by aggregation of half days is 55.

4.4  Subject to Rule 3.1(a) work experience may be undertaken on weekends.

4.5  The maximum work experience that will be recognised in any 24 hour period is 1 day.

5. Placement requirements

5.1  Your work experience placement must be supervised and can be undertaken with:

(a)  a legal practitioner in private practice; or

(b)  any government, semi-government or corporate legal office or department, employer or employee association, recognised by the Work Experience Committee as being a place in which appropriate practical experience might be undertaken; or

(c)  a judge to carry out legal research and provide legal services; or

(d)  a tribunal member (who is a legal practitioner) to carry out legal research and provide legal services; or

(e)  a Community Legal Centre, as defined in the relevant statute governing the legal profession in the Australian jurisdiction where you are undertaking the work experience; or

(f)  any other person or organisation which the Work Experience Committee recognises as being a placement in which the applicant might undertake appropriate work experience as described in Rule 6, subject to the work experience otherwise meeting the requirements of these Rules.

6. Nature of work experience

Your work experience must occur in the delivery of legal
services and include:

6.1  application of legal knowledge and skills to the resolution of real-life problems of a legal nature;

6.2  experience of procedures and dynamics commonly found in offices in which legal services are provided;

6.3  contact with clients of the work experience placement; and

6.4  experience in the process of becoming a professional practitioner of the law.

7. Supervision

7.1  A person may be a supervisor if he/she:

(a)  holds a full practising certificate as a legal practitioner; or

(b)  holds a restricted practising certificate as a legal practitioner which he/she has held for 2 years; or

(c)  is a person admitted to the legal profession by the Supreme Court of any Australian jurisdiction who is eligible to hold a practising certificate and who provides written submissions to the Work Experience Committee that satisfy the Committee that he/she can provide appropriate practical experience; or

(d)  is a judge; or

(e)  is a tribunal member who is a legal practitioner.

7.2  A supervisor must not have been the subject of an adverse finding by any relevant court, licensing authority or disciplinary body under the law governing the legal profession in any relevant jurisdiction unless having been the subject of an adverse finding he/she makes full disclosure to the Work Experience Committee and the Committee is satisfied that the adverse finding should not preclude the person from being a supervisor.

7.3  A supervisor must not supervise more than 3 people concurrently undertaking their work experience unless the approval of the Work Experience Committee has been obtained, which approval will only be given in special circumstances.

8. Jurisdiction of placements

8.1  The work experience may be undertaken:

(a)  in any Australian jurisdiction; or

(b)  outside Australia if that experience is undertaken in a common law jurisdiction or practising common law in an office of an international law firm which is from a common law jurisdiction and in either case the supervisor:

(i)  holds a practising certificate issued by a common law jurisdiction; and

(ii)  is in all other respects regarded by the Work Experience Committee as a satisfactory supervisor.

8.2  The Work Experience Committee may set criteria to be met where work experience is undertaken outside Australia, including any conditions that may be prescribed by any relevant regulatory body.

9. Completion of placements

9.1  When you complete an approved work experience placement you must submit a Work Experience Declaration Form which:

(a)  confirms and details dates of the work experience undertaken in accordance with these rules;

(b)  confirms that you have been supervised by the approved supervisor; and

(c)  includes an acknowledgement signed by the approved supervisor.

10. Dispensation from compliance with these rules

10.1  Subject to the requirements of any relevant regulatory body, the Work Experience Committee may dispense with compliance with any aspect of these rules where it is satisfied that non-compliance is minor or that undue hardship may result from a strict application of the rules.

11. Rejection of applications

11.1  If the Work Experience Committee refuses to approve your work experience application, then the Committee must provide you with reasons for its refusal in writing and within a reasonable time of the refusal.

12. Appeals process

12.1  There will be an Appeals Committee which will be appointed by all the College Boards.

12.2  The Appeals Committee may prescribe rules and guidelines covering the conduct of appeals.

12.3  Appeals can only be made on the grounds of procedural unfairness, irregularity or improper exercise of the Work Experience Committee’s discretion under Rule 10.1 and shall not proceed by way of re-hearing.

12.4  The Appeals Committee may:

(a)  dismiss the appeal;

(b)  refer your application back to the Work Experience Committee with such directions as it sees fit; or

(c)  substitute its own determination of your application for that of the Work Experience Committee.

 


Work Experience Approval of Placement Application Form

Application form for the approval of placement for the Graduate Diploma of Legal Practice Work Experience Component. More

Work Experience Approval of Placement Application Form - Western Australia

Application form for the approval of placement for the Graduate Diploma of Legal Practice Work Experience Component for Western Australia students. More

Work Experience Declaration Form

Declaration form for the Graduate Diploma of Legal Practice Work Experience Component. More

Work Experience Declaration Form - Western Australia

Declaration form for the Graduate Diploma of Legal Practice Work Experience Component for Western Australia students. More

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