Get the latest news on the proposed practising certificate fee increase.

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Click on the 'Read More' button to find out about the LIV’s advocacy to date.

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The regulatory framework that underpins practising certificate fee pricing by the VLSB+C.

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About the Proposed PC Fee Increase

In Victoria, the Victorian Legal Services Board + Commissioner (‘VLSB+C’) grants, renews and administers practising certificates (‘PC’) for lawyers.

The current PC fees are set by the Legal Profession Uniform Law Application (Practising Certificate Fees) Interim Regulations 2017 (‘Interim Regulations’) which are an extension of the Legal Profession (Practising Certificate Fees) Regulations 2012. The Interim Regulations will expire on 28 February 2018. Under the Legal Profession Uniform Law Application Act 2014 (‘the Act’), new Regulations must be made to ensure that the VLSB+C can continue to charge fees for PCs for the 2018-19 renewal period and beyond.

The VLSB+C intended to introduce significant increases to PC fees for the 2017-18 renewal period. However, this was delayed due to extensive advocacy undertaken by the LIV calling for proper consultation processes accompanied by substantial justifications for any significant increases to PC fees.

See the LIV Action to Date for more information.

As a result of continued advocacy by the LIV, which has consistently opposed any significant increases to PC fees, the VLSB+C has released a Regulatory Impact Statement (‘RIS’) containing four proposed options to be incorporated in new Regulations. Details about the proposed options can be found in the FAQs below.

The RIS was released on 24 October 2017 and will be open for consultation until 30 November 2017.

The LIV continues to advocate on behalf of members on this issue and encourages any members with comments or concerns to contact lpul@liv.asn.au.

 

Letters & Correspondence

  • Letter to the Attorney-General

    On 4 November 2016, the LIV wrote to the Attorney-General raising significant concerns about the lack of adequate consultation about the VLSB+C’s proposed PC fee increase. The LIV has requested that the current Regulations, and therefore the current PC fees, be extended to 30 June 2018.



    View the Letter
  • Response from Attorney-General

    The Attorney-General has requested the Victorian Legal Services Board delay the release of the Regulatory Impact Statement for the proposed new PC fee regulations in order to undertake further consultation.



    Read more

Frequently Asked Questions

  • Who administers practising certificates (PCs) and how are PC fees set?

    In Victoria, the VLSB+C grants, renews and administers PCs. PC fees are set by regulations made under the applicable legal profession Act.

    Previously, the Legal Profession (Practising Certificate Fees) Regulations 2012 set fees for PCs in Victoria. These regulations were made under the Legal Profession Act 2004 and have continued to operate despite the repeal of that Act by virtue of the Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015.  These regulations sunset on 30 June 2017.

    By virtue of the previous regulations sunsetting, the Legal Profession Uniform Law Application (Practising Certificate Fees) Interim Regulations 2017 were enacted to allow the VLSB+C to set fees for practising certificates for the 2017-18 financial year. These interim regulations are due to expire on 28 February 2018.

    New regulations need to be made under section 156 of the Legal Profession Uniform Law Application Act 2014 to allow the VLSB+C to charge fees for practising certificates for the 2018-19 financial year and beyond. 

    See Resources for more information about the regulatory framework that underpins PC fee pricing in Victoria.

  • What is a Regulatory Impact Statement (RIS)?

    A RIS is a type of impact assessment prepared by a department or agency to support its advice to a Minister who is responsible for the particular regulation. RIS can be required for the introduction, amendment and sunsetting review of subordinate legislation, including regulations.

    A RIS is required under the Subordinate Legislation Act 1994 (SLA) for proposals that are ‘likely to impose a significant economic or social burden on a sector of the public’.

    There are minimum requirements for public consultation before and after a RIS is completed. For regulations, these are set out in sections 6, 11 and 12 of the SLA.

    See Resources for more information about how regulations are made in Victoria.
     

  • What are the next steps?

    The Attorney-General has requested that the current fee structure be retained so that the VLSB+C can conduct further consultations.

    To preserve the current fee structure, the Legal Profession Uniform Law Application (Practising Certificate Fees) Interim Regulations 2017 were enacted to allow the VLSB+C to set fees for practising certificates for the 2017-18 financial year. These interim regulations are due to expire on 28 February 2018.

    In the meantime, the VLSB+C is conducting a formal consultation processes with the release of a Discussion Paper in January 2017, and subsequent RIS in late October 2017. Submissions to the Discussion Paper were used to inform the development of the preferred fee options of the VLSB+C and the RIS.

    Submissions to the RIS will close 30 November 2017 and will be used by the VLSB+C to inform its final recommendation on PC fees for the 2018/19 financial year and beyond. 

    See the LIV Action to Date page for the more information.