Action Plan & Timelines

The following Action Plan and timeline have been developed on the assumption that requirements under the Subordinate Legislation Act 1994 (SLA) and other policies are satisfied in making new regulations for practising certificate fees:

September-October 2016

VLSB+C writes to the LIV, VicBar and Country and Subruban Law Associations to undertake preliminary consultation and seek feedback. Table of proposed options provided with limited information.

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Late October 2016

LIV becomes aware that the Victorian Legal Services Board (VLSB) met to approve a draft Regulatory Impact Statement (RIS) and agreed to recommend a flat fee structure and significant PC fee increase.

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Early November 2016

LIV writes to the Attorney-General expressing concerns about the inadequacy of the preliminary consultation process undertaken by the VLSB+C, and seeking an extension of the current regulations until 30 June 2018.

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Mid November 2016

LIV becomes aware that in October, and before receiving any feedback on the proposed changes during the pre-consultation period, the VLSB+C provided a draft RIS to the Office of the Commissioner for Better Regulation (OCBR) for certification.

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Mid November 2016

LIV is advised that a draft RIS will not be released for public consultation until the Attorney-General makes a determination as to the LIV's request for an extension of time.

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Late November 2016

The Attorney-General advises the LIV that he has requested the Victorian Legal Services Board delay the release of the RIS for the proposed new PC fee regulations in order to undertake further consultations with relevant stakeholders.

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Early December 2016

The VLSB+C confirms the Attorney-General’s proposal to preserve the current fee structure for another 12 months and to undertake further consultations. It proposes to release a Discussion Paper, submissions to which will inform a preferred option and RIS.

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January 2017

The VLSB+C release a discussion paper titled ‘Review of Lawyers’ Practising Certificate Fees’ fees for public consultation. The discussion paper canvasses four options for setting new fees. 

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Late February 2017

The LIV writes to the VLSB+C expressing concerns about the inadequacy of the discussion paper released and requesting a supplementary discussion to be provided. 

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Early March 2017

The VLSB+C writes to LIV to advise that a supplementary discussion paper will not be provided, however a RIS will be released in late 2017 for consultation.

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Late March 2017

The LIV responds to the Discussion Paper by way of formal submission. Submissions are also received by the VLSB+C from the Victorian Bar, Victorian Legal Aid, ACCA, FCLC and Telstra.

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July 2017

The VLSB+C invites the LIV and other relevant stakeholders including the VSBC to attend a stakeholder forum at which Rivers Economic Consulting outlined 9 potential fee options.

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August 2017

The LIV writes to the VLSB+C in response to the 9 potential fee options put forth in the stakeholder forum and expressing concern about the difference between the cost of regulating the profession in Victoria compared to NSW.   

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Late October 2017

The VLSB+C develops a draft RIS for the new PC Fees Regulations. The draft RIS is deemed by the Commissioner for Better Regulation as meeting adequacy requirements under the SLA. It is released for public consultation.

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November 2017

The LIV responds to the draft RIS by way of formal submission.

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January 2018

The VLSB responds to the LIV's submission on the draft RIS.

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Late January 2018

The LIV rwrites to the Attorney-General raising outstanding issues with the draft RIS, and further concerns arising from the VLSB's response to its submission.