Careers Centre

Supervised Workplace Training

What is Supervised Workplace Training?

Supervised Workplace Training (SWT) is a twelve (12) month ‘traineeship’ with a legal firm or office, working under the supervision of a practitioner (in effect articles by another name).

Throughout the traineeship year, a law Graduate must complete training in the “Competency Standards for Entry Level Lawyers” developed by the Law Admissions Consultative Committee and the Australasian Professional Legal Education Council.

Graduates completing their traineeship with a firm are referred to as law graduates or legal trainees.

Following the completion of Supervised Workplace Training individuals and firms need to comply with the admission requirements under the Rules including providing particular information to the Board of Examiners.

SWT snapshot:

• 12 months on-the-job training;
• Predominantly practical training as an employee of a firm;
• Employment is paid;
• Mandatory requirement to complete ten core competencies; and
• Some compulsory external training is required.

What training is required?

During the twelve month traineeship, law graduates must acquire appropriate understanding and competence in each of the Competency Standards including the compulsory “skills”, “practice areas” and “values”. Trainees are also expected to complete training in two optional practice areas chosen in consultation with their employer.

The majority of the training required can be completed either in-house (on the job), externally with an accredited practical legal training (PLT) provider, or through a combination of both.

Where a trainee has completed training through an external training provider, a document certifying the trainee’s satisfactory completion of the training module should be retained.

For the compulsory external practical training or competency practice area training you can contact:

• The College of Law
• Leo Cussen Institute

At the point of admission, each applicant for admission is required to provide evidence to the Board of Examiners, as specified in the rules, that the applicant has achieved the requisite competence in each element of the skills, practice areas and values.

The competency standard to be obtained are detailed in Schedule 3 of the rules and are broken down into a series of elements with relevant performance criteria. Wherever possible, a trainee should demonstrate competence in the performance criteria through completion of client file work – formal assesment of internal training is not required.

Compulsory skills, practice areas and values:

Skills

1. Lawyer's Skills (pdf)
2. Problem Solving (pdf)
3. Work Management and Business Skills (pdf)
4. Trust and Office Accounting (pdf)

Practice Areas

5. Civil Litigation Practice (pdf)
6. Commercial and Corporate Practice (pdf)
7. Property Law Practice (pdf)

Compulsory Values

8. Ethics and Professional Responsibility (pdf)

Plus two optional practice areas.  One of

• Administration Law Practice (pdf) 
• Criminal Law Practice (pdf)
• Family Law Practice (pdf)
• Consumer Law Practice (pdf)
• Employment and Industrial Relations Practice (pdf)
• Planning & Environmental Law Practice (pdf)
• Wills and Estates Practice (pdf)

* The rules provide that ethics and professional responsibility must be completed through a course of instruction and program of assessment conducted by a PLT provider. In addition, each element of lawyers’ skills and the risk management element of work management and business skills must be completed through a PLT provider, but may be conducted internally if the employer has sought prior approval of the board (see Rule 3.09(1)(d)(iv) and Schedule 3).

A request for approval should be in the form of an affidavit and include a documented and structured training course covering each relevant performance criteria. If no prior approval is sought, these elements must be conducted through external training.

The Board must be contacted for further information about this requirement and firms are encouraged to refer to practice direction Application for Approval as Training Provider.

For more information on seeking approval to teach these areas internally contact the Board of Examiners or visit the Law Admissions website. 

Example SWT in practice:

Jessica is working at a medium sized boutique firm; she is able to complete all the skills, practice areas and values through file work under the supervision of different partners of the firm. As required under the rules, Jessica is enrolling to complete Ethics and Professional Responsibility through a PLT provider and is seeking approval from the Board of Examiners to cover Lawyers Skills and Risk Management internally with the firm.

Michael is completing his traineeship with a specialist Criminal Law firm. Michael is enrolling to complete Ethics and Professional Responsibility through a PLT provider and is seeking approval from the Board of Examiners to cover Lawyers Skills and Risk Management internally. Michael will also need to complete his training for the practice area(s) he cannot complete internally through a PLT provider. Given the firm is a specialist firm is a specialist firm, the best option is to complete a PLT course as an employee of the firm. See Practical Legal Training.

Employers and Supervisors obligations

Who can be a supervisor?

Under 3.05 of the Rules a person may supervise a trainee if the person is an Australian lawyer engaged:

1. in legal practice; or
2. as a Government, corporate, commercial or community legal officer

and who is working principally in Victoria, who has worked as either or both of a practising solicitor or practising barrister for a total of at least 5 years (of which, at least the 3 years before the person commences to supervise a trainee were spent in practice as a solicitor or working in the manner of a solicitor. See Rule 3.05)

Presently, the Board of Examiners requires any proposed solicitor not holding a current practicing certificate to seek approval of the Board of Examiners in order to supervise a Trainee under the Rules.

Permitted number of Trainees

Under the Rule 3.08(3) a supervisor can only supervise one trainee unless they have prior approval from the Board of Examiners. The Board of Examiners have produced guidelines for supervisors wishing to supervise more than one trainee. View the guidelines. 

Employers’ obligations

The employer of a trainee must:

• Keep a register of trainees and supervisors within the employer's legal practice or business;
• Implement a training plan (see schedule 15) for each trainee; and
• Provide the trainee with appropriate opportunities to carry out the trainee's obligations under the Rules.

Leave of Absence (rule 3.11)

A trainee is allowed a leave of absence:

• On all public holidays;
• Up to 10 days sick leave; and
• A further period not exceeding 20 days.

If a trainee takes a leave of absence for any period in addition to these periods, the trainee must complete an equivalent additional period of supervised workplace training. 

Termination of Supervised Workplace Training (rule 3.15)

If at any time during a period of Supervised Workplace Training the Board of Examiners forms the view that:

1. a trainee is not receiving appropriate supervision; or
2. a training plan is not being complied with; or
3. a trainee is not receiving appropriate Supervised Workplace Training; or
4. a trainee is not deriving substantial benefit from the Supervised Workplace Training; or
5. for any other reason it is appropriate to do so
   The Board of Examiners may either:
6. terminate the trainee’s Supervised Workplace Training; or
7. approve another appropriate employer and one or more eligible supervisors to provide the balance of the trainee’ s Supervised Workplace Training, under a revised training plan.

More information on supervisors and employers obligations can be found in Part 3, division 3 of the Rules.

Requirements upon commencing a traineeship

In the past, articled clerks have been caught out by assuming that the onus rests on the firm to tell them what needs to be lodged with the Board of Examiners and the time limits that apply.

Although the firm may be able to assist ultimately the responsibility rests with the trainee to ensure that all their documents are in order. The requirement to lodge documents in person with the board still exists, and it is imperative that a trainee is familiar with the content and significance of those documents in case the board has any questions. Applicants from regional Victoria are encouraged to call the board and request approval to submit their documents by post.

Under Rule 3.13 of the rules, the trainee must produce the following documents to the board within one month of commencing their traineeship:

1. the executed training plan in the form set out in Schedule 15;
2. an affidavit verifying the training plan in the form set out in Schedule 4 of the rules –  signed by the supervisor and undertaking that the trainee has and will continue to complete their traineeship under the direction of the supervisor.
3. an academic transcript* showing that the trainee has obtained the academic qualification required under rule 2.01;
4. an affidavit verifying the supervisor’s eligibility to be a supervisor; and
5. any other information required under the rules or that the board may generally require trainees to provide.

* Upon commencing their traineeship, graduates are encouraged to contact the university where they obtained their degree, and arrange for an academic transcript to be sent directly to the Board of Examiners office by registered mail.

This transcript should confirm that the graduate has completed the Bachelor of Laws. Trainees who have not completed the Bachelor of Laws are advised to wait until their final results have been released prior to commencing their traineeship. Only an academic transcript noting that the trainee has satisfactorily completed the degree will be accepted.

Except for the graduate’s academic transcript, the remaining documents must be lodged in person at the office of the board by each applicant. Law graduates working in regional Victoria are exempt from submitting their documents in person.

For further information visit the Law Admissions website. 

The Training Plan

The Training Plan acts as a twelve month timetable outlining the competency standards the law graduate will cover during their traineeship year.

The form of the Training Plan is set out in Schedule 15 of the Rules. The LIV has produced a hypothetical training plan to assist firms.

Requirements of the Training Plan

Each training plan must set out:

1. The period of SWT which the trainee will undertake;
2. An explanation as to how the parties propose to ensure the trainee acquires and demonstrates appropriate understanding and competence in each of the skills, values and practice areas set out in Schedule 3;
3. Who will supervise the trainee;
4. The name of any approved Practical Legal Training (PLT) provider or other provider approved by the Board of Examiners (the ‘Board’) who will conduct any course of instruction or assessment and the relevant skill, value or practice area of training they will provide; and
5. An undertaking as provided by Rule 3.12(1)(e), by:
   1. The person executing the Training Plan on behalf of the employer; and
   2. Any person nominated in the Training Plan as a Supervisor That the employer and the supervisor, respectively, will endeavour to ensure that—
      1. the trainee is properly and thoroughly instructed in the practice and profession of a legal practitioner; and
      2. the trainee gains practical experience in the legal business transacted in the legal practice or business of the employer; and
      3. the trainee is given every opportunity to participate, under appropriate supervision, in giving legal advice and in drafting such legal documents as are given or drafted in the legal practice or business of the employer; and
      4. if the trainee has properly performed the obligations referred to in Item 10, and is qualified to be permitted to practise, the trainee is so admitted.
   3. The trainee to undertake the responsibilities and tasks given by or on behalf of the employer and any supervisor nominated in the training plan, consistently with the training plan, diligently and in good faith, to the best of the trainee's ability.
   4. The employer and trainee that, to the extent that any terms of an employment contract otherwise entered into between them are inconsistent with this training plan, the terms of that employment are void and of no effect.
   5. Any other matters required under the Rules or at the direction of the Board.

   Preparing the Training Plan

   Schedule 15 forms the main part of the documents completed as part of Supervised Workplace Training (SWT) and provides a form of training plan.

   For your convenience, the LIV has created an online Training Plan, which can be completed, printed and submitted to the Board of Examiners.  To use this facility visit http://swt.liv.asn.au/

   Approval of Training Plans

   The Training Plan, affidavit verifying SWT, supervisors affidavit, academic transcript and where applicable any additional information must be submitted to the Board to obtain approval of the SWT.

   The Board must be satisfied that:

   1. the employer is able to provide the Supervised Workplace Training in accordance with the Rules;
   2. each supervisor nominated in the Training Plan is eligible to be a supervisor (see Who can be a Supervisor;
   3. proper provision has been made for the trainee to acquire appropriate understanding of and competence in each element of the skills, values and practice areas (see Competency Standards); and
   4. the Training Plan complies with the Rules and has been properly executed by the parties.

   Where these obligations are not met, the SWT and the Training Plan will not be approved by the Board. However the Board may give the applicant leave to withdraw and to resubmit the training plan within a specified period so that any necessary amendments can be incorporated.

   Where a Training Plan has not been approved it must be resubmitted within the time specified by the Board with an affidavit from the applicant verifying the amendments or re-execution of the Training Plan.

   Once this new Training Plan is approved any period of SWT which has been undertaken prior to the Board’s approval will be taken to be SWT and therefore be included towards the required 12 months training.
   
   For up to date information for graduates and firms please visit the Council for Legal Education website  or contact:
   
   Council of Legal Education Board of Examiners
   Tel: 03 9604 2451
   Email: colevic@justice.vic.gov.au
   website: www.lawadmissions.vic.gov.au

   Frequently Asked Questions

   The LIV website has an extensive list of answers to some of the most frequently asked questions in relation to the admission rules.
   
   Firms and trainees are encouraged to read these FAQs at first instance as they may well answer your initial questions.