Careers Centre

No. Only graduates who commenced Articles of Clerkship prior to 1 July 2008 will comply with the Legal Practice Admission Rules 1999 anyone commencing Supervised Workplace Training or Practical Legal Training after 1 July 2008 falls under the new system.

Under the new Rules principals have been replaced with supervisors - see Who can be a supervisor?

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.

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

a) in legal practice; or
b) 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 either or both of practice as a solicitor, or working in the manner of a solicitor.)

Please note that currently, 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.

Under the Rules (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 (pdf).

If you are intending to seek admission to practice position in the future, then yes the Rules will affect you as this scheme replaces articles of clerkship. If however you are planning to undertake a Practical Legal Training course then you need not be concerned about the changes to the scheme as these courses meet the education pre-admission requirements.

The deadline for submitting an application varies from firm to firm. Check the date by:

• Searching the firm’s website;
• Calling the firm;
• Referring to the Careers Guides published by the law students’ societies at each of the Victorian law schools

These publications generally contain contact details, important dates, areas of practice and other information about traineeships and seasonal clerkship opportunities specific to each law firm.

Yes! When looking for a trainee a firm can advertise positions in our Traineeship registry. The registry gives you the chance to learn more about a firm, and the number and timing of the position.

You can also gain admission to practice in Victoria by completing a Practical Legal Training course. Go to our Practical Legal Training section to find out more.

Not more than one trainee. However, a Supervisor may apply for the Board’s approval to increase this number. For further details, please refer to Rule 3.08(3) of the Rules.

Traineeships are for 12 months but it is also possible for traineeships to be completed part-time over a two-year period provided that the trainee completes the equivalent of 12 months in the workplace and notes this arrangement in their training plan.

Upon reference to Schedule 3 of the Rules, the Trainee and Supervisor should execute a Training Plan and submit it to the Board of Examiners within one month of commencing SWT (see Rule 3.13).

A trainee must deliver to the Board of Examiners:

1. The Training Plan;
2. An affidavit verifying the training plan in the form set out in Schedule 4 of the Rules;
3. An academic transcript which confirms the trainee has obtained the academic qualifications required under rule 2.01*;
4. Their supervisors affidavit; and  - can this line also be added into the page above and the FAQs
5. Any other information required under the Rules or by the Board of Examiners.

* Upon commencing Supervised Workplace Training a trainee must contact their university to arrange an official copy of their academic record to be sent to the Board of Examiners office by registered mail. 

The Traineeship must be 12 months duration. Provided the trainee has completed all the requirements of the LLB there are no restrictions or guidelines for when a traineeship must commence. Therefore the commencement date may be negotiated between the trainee and the firm.

Yes. Provided you have satisfies the requirements of the LLB you may commence your traineeship. You must however have formally graduated before you are admitted to practice.

It is possible to get a reduction or “abridgement” of the term of your traineeship. The Board of Examiners determines whether or not your previous legal experience entitles you to an abridgement of time. For more information contact the Board of Examiners.

Schedule 3 of the rules lists the elements for each competency standard as well as the performance criteria that should be met in order to satisfactorily comply with the rules.

It would be prudent for employers to keep a record of any formal training conducted externally or specifically referred to in the training plan (similar to the records which might be kept in order to comply with the Continuing Professional Development Rules). Trainees are also encouraged to keep a diary of the work they are completing which complies with the performance criteria listed in schedule three.

Under part 3.07 of the Rules the employer of a trainee must meet the cost of any training relevant to (a) a trainee’s supervision and (b) the cost of acquiring and demonstrating the appropriate level of understanding and competence in the required skills, values and practice areas (see competency standards).

Trainees may complete the majority of their training either in-house with their workplace or externally with an accredited Practical Legal Training provider or through a mixture of both.

The only area of training that is required to be provided by an external provider is ‘Ethics and Professional Responsibility’.  Currently the College of Law Victoria and the Leo Cussen Institute are both approved external providers.

‘Lawyers’ Skills’ and the Risk Management element within ‘Work Management and Business Skills’ may be conducted by the employer if they have sought prior approval of the Board of Examiners (see Rule 3.09(1)(d)(iv) and Schedule 3.)  If no prior approval is sought, then it is expected that these elements will also be conducted by an external provider.

The external provider must be accredited by the Council of Legal Education or, in the case of an individual or organisation not already an accredited PLT provider, approved by the Board of Examiners for the purpose only of providing training in specified components of the areas above.

All other areas of competency may potentially be conducted in-house by the employer.

No. Under Schedule 7 of the Rules a supervisor needs to confirm that to the best of their knowledge, information and belief the applicant/trainee has acquired and demonstrated an appropriate understanding of and competence in the various skills, values and practice areas in the training plan however no formal assessment is required to satisfy this requirement.

A change in the optional areas of practice being undertaken or a change from internal to external provider or external to internal would not require the training plan to be re-lodged. However, this should be set out in the final ‘Affidavit of Compliance with Training Plan’. The Board of Examiners should only be notified where a trainee proposed to go to a part time arrangement or change supervisors. A training plan should be re-lodged with the Board of Examiners if substantial changes have been made. When in doubt contact the Board of Examiners.

Yes, the Board of Examiners has indicated that firms may apply to the Board for approval to teach a different optional area that is not listed in the Rules. For more information contact the Board of Examiners. 

Rule 3.11(1)(c) of the Rules states that a trainee is entitled to 20 days of annual leave. See Rule 3.11 of the Legal Profession (Admission) Rules 2008 for further information on other leave entitlements including Public Holidays and sick leave. If a Trainee takes more than their leave entitlement, they will have to extend the period of their employment as a trainee.

Where consent is refused the trainee may make an application to the Board of Examiners for consent.

The trainee should refer to Rule 3.10 (1) and (2) of the Legal Profession (Admission) Rules 2008. Consent is required and reference to the rules is necessary.

It is the responsibility of the applicant to pay the admission fees. An employer may agree to pay your admission fee but it is not a requirement of the Admission Rules.  

In exactly the same manner as a Victorian law graduate. The only additional requirement is that it is necessary to obtain a certificate from your law school confirming that you have completed the 11 prescribed academic areas in your course.

There is no time limit on the validity of your degree for admission purposes.