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Frequently Asked Questions

If I want to join the Institute, what forms do I need to download?

You need to download the following documents from the link on this website 'Applications, Institute information, Code of Conduct and CPD guidelines':

  1. the Application form; and
  2. the Statutory Declaration applicable to your jurisdiction.

You also need to download or view, from the same link:

  1. Information about the Institute;
  2. the Code of Conduct;
  3. the Continuing Professional Development guidelines; and
  4. the Institute's Constitution.

For further information please also view 'Who can join?'. 

What other information do I need to send you in addition to my Statutory Declaration, Application and application fee?

If you are a full-time student, you will need to include proof of your enrolment in a course of formal legal study as well as one written character reference.

If you are employed in the legal (or a related) profession you should provide proof of completion of any post-secondary formal studies, as well as two written references from Legal Practitioners. A Duty Statement and Employment History is also required.

NB:

  • If you are a Licensed Conveyancer and hold a Provisional Licence, you will also need to provide a letter from the Legal Practitioner who carries out the legal work relating to your conveyancing business.
  • If you have been employed in the legal profession for some time reference letters specifying any time served at Senior Law Clerk level should also be provided.
  • Whilst the Statutory Declaration and Application must be original documents, you may exhibit certified copies of academic transcripts and reference letters.
  • A number of courses have already been considered by the Council as satisfying the Institute's internal requirements for enrolment/membership purposes, however the Council is most happy to consider other courses. If the Council has not previously considered a course it may ask you to provide additional course details.
  • If you have completed the Advanced Diploma of Legal Practice (or predecessors) then you only need to provide a certified copy of the Award itself, and not a transcript of results.

Who is a 'member', and what are the descriptions used by those who join the Institute?

For ease of use, in many of our website materials we generically refer to 'members'.

However, pursuant to the Institute's Constitution – the Memorandum and Articles of Association, Fellows are members and others are enrolees. The enrolment categories are Provisional, Associate, Affiliate and Accountancy.

Can I apply for a particular category of enrolment or Fellowship?

Not as such - the Council individually assesses each Application on its merits. The first question which needs to be addressed is whether you are eligible to join the Institute, and then the Council can consider the category of enrolment which is to be offered depending upon your experience and academic achievement. However, you can request that the Council consider you for Fellowship, if you feel you satisfy most of the criteria, and/or advise you of the requirements you would need to satisfy for Fellowship in the future.

How will joining the Institute help me in my existing or future employment?

You will have the opportunity to improve your legal education through our publications and events. Additionally, you will find that many employers are aware of the Institute as a relevant professional association, and encourage their employees to join.

Enrolees and members also find our regular Salary Survey statistics to be of benefit to them in the workplace.

When you attain Fellowship, the privilege of being able to witness Statutory Declarations and take Affidavits in Victoria, pursuant to the Oaths and Affirmations Act 2018, will be of great assistance to you and your employer.

If you are seeking a change in employment, Employment Notices frequently appear in The Legal Executive.

Please also see the link on this website 'How to achieve a legal career?'.

What fees are payable?

There is a 'once off' application fee. If you are accepted to join the Institute then we will send you a Subscription Notice in respect to the pro rata subscription to the end of the then current subscription period (30 June). Thereafter your subscription will be payable annually. Subscriptions vary depending upon the category of enrolment (or membership) offered. All amounts are GST inclusive (except in respect to persons located out of Australia, who should deduct 1/11th from any payment). You are welcome to email the CEO at austilex@tpg.com.au for current subscription amounts. 

If I join and then apply for Fellowship later, is there an additional fee?

There is currently no additional fee applicable to existing enrolees applying for Fellowship. Once an enrolee has been accepted for Fellowship, then a pro rata Fellow Subscription Notice will be issued for the remainder of the applicable subscription period, taking into account subscriptions already paid in the applicable enrolment category for that period. 

What are the main differences between enrolees and members/Fellows?

All enrolees and members receive our publications, can participate in Institute surveys, such as our annual Salary Survey, can attend functions at 'member' rates, receive the advantage of any discounts the Institute can arrange, may attend the Annual General Meeting and Annual Christmas Party, can make suggestions to Council, and so on.

However, only Fellows –

  • have the right to vote at the AGM1,
  • are authorised under the Oaths and Affirmations Act 2018 to witness Statutory Declarations2 and take Affidavits in Victoria,3
  • can certify copy documents for Land Registry Victoria use, as provided in the Land Registry Lodging Book,
  • can, pursuant to the Constitution and Code of Conduct, describe him or herself as a 'Legal ExecutiveTM'.

All enrolees and members must observe the Code of Conduct and Constitution, and comply with the Institute's Continuing Professional Development guidelines.

1 this only applies to 'paid-up' Fellows
2 this also relates to other matters, for example certain Powers of Attorney require one witness to be a person who is authorised to take Statutory Declarations
3 and pursuant to the Code of Conduct must be paid-up to exercise these privileges

What can I call myself if I join the Institute? If my employer wants to put my name on letterhead or in advertising materials, how should I be described? 

As far as the Institute is concerned, the Code of Conduct contains guidance notes relating to descriptions of enrolees and members . Any description must also comply with the Legal Profession Act 2004 (Vic.) (or equivalent, in the relevant jurisdiction). In Victoria, the Law Institute of Victoria Ethics Department is happy to assist firms in respect to compliance issues. 

I am a Legal Executive/member of another Institute of Legal Executives and am thinking of moving to Australia. I know the practices and procedures will be different, but are there any particular restrictions I need to be aware of in relation to working in the legal profession in Australia?

Yes, most definitely. Please see the 'Overseas Enquiries' link on this website.

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