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PC Fee Increase - Letter to AG

PC Fee Increase - Letter to AG

By Nerida Wallace, LIV CEO

Practising Certificate Uniform Laws 


Dear Attorney-General
Practising Certificate Fees - Preliminary Consultation on Fee Options

On 10 October 2016, the Victorian Legal Services Board and Commissioner (VLSB+C) wrote to the Presidents of the Victorian Suburban and Country Law Associations (with a copy to the Law Institute of Victoria (LIV)) to commence 'preliminary' consultation on fee options for practising certificates, with a view to ensuring that practising certificate fees can continue to be charged from 1 July 2017. This follows a similar letter sent to the LIV on 13 September 2016. Copies of the letters are attached.
The 13 September VLSB+C letter proposed three main fee options (with six sub-options) for practising certificates from 1 July 2017. The LIV notes that this was revised in the 10 October letter, which only proposed two main fee options (with five sub-options).

The 10 October letter emphasised that the VLSB+C, at that time, had not formally considered the options or made a decision about a preferred approach. This is despite the fact that an option had been removed since the 13 September letter. Both letters state that information gained from preliminary consultation would assist in the development of a Regulatory Impact Statement (RIS) to be prepared for the purposes of formal consultation later this year.
As the practising certificate renewal process and payment of fees commences in March of each year, the practising certificate fees payable from 1 July 2017 need to be finalised in early 2017. This leaves very little time either for initial consultation or development of, and consultation on, any options proposed in the RIS.

The LIV therefore submits that the current practising certificate fees should continue to apply until 30 June 2018, to provide the VLSB+C with sufficient time to:

  • undertake appropriate initial consultation as required by the Subordinate Legislation Act 1994 and the Subordinate Legislation Act 1994 Guidelines (Guidelines);
  • prepare the RIS in accordance with the Subordinate Legislation Act 1994, the Guidelines and the Victorian Guide to Regulation; and
  • invite, receive and consider public comments and submissions in accordance with the Subordinate Legislation Act 1994.

Read the full letter (PDF)


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