Legal Profession Amendment Rules 2016 (WA)

19 February 2016 GOVERNMENT GAZETTE, WA 519

JUSTICE

JU301*

Legal Profession Act 2008

Legal Profession Amendment Rules 2016

Made by the Legal Practice Board.

1.           Citation

These rules are the Legal Profession Amendment Rules 2016.

2.            Commencement

These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day after that day.

3.            Rules amended

These rules amend the Legal Profession Rules 2009.

4.            Rule 12 amended

In rule 12(1) delete "subrules (2) and" and insert:

(1A) The condition imposed on a practising certificate by rule 13B(1) or (2) is varied to reduce the number of

subrule

5.            Rule 17 amended

(1) In rule 17(1) insert in alphabetical order:

approved practice management course means an

approved PMC as defined in rule 18A;

(2) After rule 17(1) insert:

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CPD points the local legal practitioner is required to earn during a CPD period to zero if—

(a)	the practitioner has successfully completed an approved practice management course during that CPD period; and
(b)	the practitioner has not satisfied the condition imposed under rule 13B(1) or (2) during a previous certificate year by completing an approved practice management course.

6.            Part 2 Division 2A inserted

After rule 18 insert:

Division 2A - Condition on local practising certificate:

practise as principal of law practice

Subdivision 1 - Preliminary

iSA. Terms used

approved PMC has the meaning given in rule 181;
PMC condition means the condition imposed on a
local practising certificate by rule 18C(1)(a); In this Division - persons approved as a PMC provider under rule 18G.

18B.	Application of Division
This Division applies in respect of a local practising certificate that is granted or renewed on or after 1 July 2016.
Subdivision 2 - Local practising certificates
18('.	Condition on local practising certificate: practice management

(1) A local practising certificate that is an unrestricted

practising certificate is subject to the following

conditions -

(a)	the local legal practitioner must not practise as the principal of a law practice unless the practitioner has successfully completed a course in practice management that is an approved PMC;
(b)	the local legal practitioner must not commence practise as the principal of a law practice unless the practitioner has given notice to the Board in an approved form of the practitioner's intention

19 February 2016 GOVERNMENT GAZETTE, WA 521

to commence practise as the principal of a law

practice.

(2) However, a local practising certificate is not subject to

the PMC condition if the local legal practitioner was
practising as the principal of a law practice, other than
as a restricted practitioner, immediately before

1 July 2016.

18D. Request to revoke or vary PMC condition

(1) A local legal practitioner may request the Board to -

(a)	revoke the PMC condition on the practitioner's local practising certificate; or
(b)	vary the PMC condition on the practitioner's local practising certificate to allow the practitioner to commence practise as a principal of a law practice subject to completion of an approved PMC within a specified time; or
(c)	vary the PMC condition on the practitioner's local practising certificate to allow the practitioner to commence practise as a barrister.

(2) A request is to be in a form approved by the Board.

18E. Board may revoke PMC condition

(1) On a request made under rule 18D(1)(a), the Board

may revoke the PMC condition on a local practising
certificate if the Board is satisfied that the

practitioner -

(a)	has the skills or experience to practise as the principal of a law practice; and
(b)	is a fit and proper person to practise as the principal of a law practice.

(2) Without limiting subrule (1), the Board may be satisfied that a practitioner has the skills or experience
to practise as the principal of a law practice if the
practitioner -

(a)	holds a practising certificate in another jurisdiction that allows the practitioner to practise as the principal of a law practice; or
(b)	has successfully completed a qualification that the Board considers is at least equivalent to an approved PMC; or
(c)	has prior learning experience that, in the opinion of the Board, demonstrates that the practitioner is suitable to practise as the principal of a law practice.

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18F. Boa rd may vary PMC condition

(1) On a request made under rule 18D(1)(b), the Board

may vary the PMC condition on a local practising

certificate if the Board is satisfied that -

(a)	it is not reasonably practicable for the practitioner to complete an approved PMC before commencing practise as the principal of a law practice; and
(b)	the practitioner is otherwise a fit and proper person to practise as the principal of a law practice.

(2) On a request made under rule 18D(1)(c), the Board

may vary the PMC condition on a local practising

certificate if—

(a) the practitioner holds a practising certificate that is subject to the condition that the practitioner only practise as a barrister; and

(b) either-

(i) completed a course in respect of practise

the practitioner has successfully resolution of the Council of The Western Australian Bar Association (Inc.) or an equivalent body (a Bar Readers Course); or

(ii)     the practitioner has given to the Board a written undertaking that the practitioner will complete a Bar Readers Course

within the period of 2 years or a further
period allowed by the Board; or

(iii)     the Board is satisfied that the

undertake a Bar Readers Course because

practitioner should not be required to

the practitioner has the skills or
experience to practise as a barrister.

Subdivision 3 - Other matters about practice management

18G. PMC providers

(1)	The Board may approve any person, body or group of persons as a PMC provider.
(2)	The Board may audit, or cause to be audited, a person, body or group of persons approved as a PMC provider under subrule (1) in relation to the provision by the
PMC provider of practice management courses.

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(3) An approval under subrule (1) -

(a)	may be granted subject to any conditions the Board thinks fit; and
(b)	takes effect from the day specified in it, which may be before the day on which it is granted; and
(c)	may be revoked by the Board at any time.

18H. PMC requirements

(1) The Board may publish guidelines setting Out

requirements in relation to the following -

(a)	the content of a PMC;
(b)	the structure of a PMC;
(c)	assessment methods to be used in respect of a PMC;
(d)	resources and materials to be provided to participants in a PMC;
(e)	support services to be provided to participants inaPMC;

(1) availability of a PMC;

(g) any other matter relevant to the provision of a

PMC.

(2) The Board is to ensure that the guidelines are available

on the Board's website.

181.        Approved PMCs

A course in practice management is an approved PMC if it—

(a) satisfies the requirements set Out in guidelines published under rule 18H; and

(b) is provided by a PMC provider.

Made by the Legal Practice Board under Part 17 of the Act.

ANDREW PASCOE, Member. REBECCA HEATH, Member. JOHN SYMINTON, Member.

MELVIN YEO, Member.