AGY-5335 | Legal Profession Admission Board

Full description

The Legal Profession Admission Board was created on 1 October 2005 under section 679 of the Legal Profession Act, 2004. It is a corporation with the corporate name of the Legal Profession Admission Board and is not and does not represent the Crown. (1) It is the successor to the Legal Practitioners Admission Board. (2)

The Legal Profession Admission Board consisted of 11 members, being:
(a) the Chief Justice of New South Wales, and
(b) 3 Judges of the Supreme Court nominated by the Chief Justice of New South Wales, and
(c) the Attorney General or a person appointed by the Attorney General
(d) 2 persons nominated by the Committee of NSW Law Deans, and
(e) 2 barristers nominated by the Bar Council, and
(f) 2 solicitors nominated by the Law Society Council. (3)

The Board:
- maintained the rolls of lawyers and public notaries
- administered the Student-at-Law examinations (Diploma in Law)
- processed applications for admission as a lawyer, appointment as a public notary, registration as a Student-at-Law and various applications under the Board's rules
- assessed the qualifications and experience of applicants for admission to the profession, including applicants from interstate or overseas
- provided certificates, diplomas, academic records and other documents to lawyers, students-at-law and professional bodies
- provided application forms, information booklets and advice in relation to the above services
- accredited law degree courses and courses of practical legal training in New South Wales. (4)

The Board reported to the Assistant Director General, Legal Services within the Attorney General's Department. (5)

From 1 July 2009 when the Attorney General's Department was abolished the Legal Profession Admission Board was related to the new Principal Department, the Department of Justice and Attorney General. (6)

From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Legal Profession Admission Board was related to the Department of Attorney General and Justice. (7)

The Legal Profession Uniform Law 2014 (NSW) (Act No.16a, 2014) provides a scheme to regulate the legal professions and is the subject of an agreement between New South Wales, Victoria and potentially other jurisdictions. The Act applied the text of the Uniform Law as a law of New South Wales, and enacted complementary provisions having effect for this State, and repealed the Legal Professions Act 2004. The Uniform Law is set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria. Under the Uniform Law the Legal Profession Admission Board is 'the designated local regulatory authority' for the admission of legal practitioners in New South Wales. In the Legal Profession Uniform Law Application Act NSW 2014 (Act No.16, 2014) the Legal Profession Admission Board, re-constituted from 1 July 2015, has the corporate name the Legal Profession Admission Board. It does not represent the Crown. The Board is also referred to as the 'NSW Admission Board' which is a continuation of and the same legal entity as the Legal Profession Admission Board constituted under the 2004 Act. Its functions are conferred on it by or under the Uniform Law (NSW) and by any other Act. (8)

From 1 July 2019, the Department of Communities and Justice (DCJ) brought together the former departments of Family and Community Services (FACS) and Justice (9) and the Legal Profession Admission Board was related to this new department, the Department of Communities and Justice. (10)

The Legal Profession Admission Board is a self-funding statutory corporation constituted by the Legal Profession Uniform Law Application Act (NSW) 2014 (Act No.16a, 2014). It is supported in the exercise of its functions by a number of Committees and Sub-Committees. At 2022 the Legal Qualifications Committee was supported by the Academic Exemptions Sub-Committee, the Practical Training Exemptions Sub-Committee and the Accreditation Sub-Committee. The Examinations Committee was supported by the Performance Review Sub-Committee, the Curriculum Sub-Committee and the Quality Sub-Committee. (11)

Endnotes
1. Legal Profession Act 2004 (Act No.112, 2004) s.679; NSW Government Gazette No.105, 19 August 2005, p.4570.
2. Attorney General's Department, Annual Report, 2004-05, p.36 (Legal Practitioner Admission Board); and, Attorney General Department's Annual Report, 2005-06, p.108 (Legal Profession Admission Board).
3. Legal Profession Act 2004, s.680.
4. Lawlink website http://www.lawlink.nsw.gov.au/lawlink/lpab/ll_lpab.nsf/pages/lpab_aboutus (accessed 16 July 2007).
5. Attorney General's Department, Annual Report, 2005-06, p.25.
6. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 20; notified on NSW Legislation website, 27 July 2009.
7. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 36; notified on NSW Legislation website, 3 April 2011.
8. NSW Parliament, Legal Profession Uniform Law Application Bill Explanatory Note, https://www.parliament.nsw.gov.au/bill/files/263/XN%20Legal.pdf (accessed 21 December 2022); Legal Profession Uniform Law Act (Act No.16a, 2014) s.6(1)(a); Legal Profession Uniform Law Application Act 2014 (Act No.16, 2014), ss.19-20; Commencement Proclamation (2015 No 298), NSW Legislation Website, 19 June 2015.
9. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019-159) cl. 11 (2) Legislation website, 2 April 2019 as amended by the Administrative Arrangements (Administrative Changes Miscellaneous) Order 2019 (2019-308) cls. 6 and 2 (4) Legislation website, 1 May 2019.
10. Legal Profession Admission Board Annual Report, 2019-2020, p.5.
11. Legal Profession Admission Board website, About Us, https://www.lpab.justice.nsw.gov.au/Pages/about-lpab/about-lpab.aspx (accessed 21 December 2022).