Links to the states’ and territories’ Legal Profession Acts

4 Replies to “Links to the states’ and territories’ Legal Profession Acts”

1. I agree with Padric – if you you have even the slightest doubt about disclosing something disclose it in full and let the Board decide whether they really needed to know about it.

   In this instance it seems pretty clear that they would want to be told so they can decide what to make of the offences – Practice Direction No. 4 of 2009 – DISCLOSURE REQUIREMENTS FOR APPLICANTS FOR ADMISSION TO PRACTICE available on the Supreme court website. http://www.supremecourt.vic.gov.au/wps/wcm/connec…

   "Traffic Offences
   Traffic offences such as speeding, careless driving, driving an unregistered vehicle and drink driving should be disclosed. For minor traffic offences it will normally be sufficient to disclose the date, the offence, including the speed or breath alcohol content if relevant, the penalty and confirmation of payment of any fine imposed."

   They may well be quite forgiving if the offences are old. However, the other Board – Legal Services Board – has this to say in the context of a decision to grant, renew, amend, suspend or cancel a local practising certificate [which will usually involve looking at recent behaviour – since the last certificate or since admission if it's the first certificate] See ‘Fit and Proper person’ policy statement at http://www.lsb.vic.gov.au/Publications.htm

   14.3 Traffic offences
   The Board will usually disregard a finding of guilt for the following traffic offences:
   speeding or careless driving
   driving in an unregistered or uninsured vehicle
   drink-driving or drug-driving
   unless:
   it is a second or subsequent offence
   the circumstances of the offence indicate the possibility of mental impairment (including alcoholism or drug dependence).
   http://www.supremecourt.vic.gov.au/wps/wcm/connec…

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2. I agree with Stephen that you should disclose all of the offences. Generally people get into trouble with applications for admission for a lack of candour in disclosing past behaviour. Most offences will not cause any problems provided there is complete disclosure of the offence and the courts can be surprisingly forgiving especially of crimes of youths. However where there has been a lack of disclosure then there is recent conduct which arguably shows the person is not a fit and proper person. Disclose and disclose well is my tip.

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3. Stephen,

   What do you think the chances are of the Victorian board (or a board in any other state) admitting a Solicitor that meets all requirements for admission, but they also have approx. 10 offences in one State that are all traffic offences? All of the offences would be more than 7 years old… Do you have to disclose all offences to them, regardless of how old?

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   1. It might depend on where the offences occurred, and what kind of offences they were. Last time I looked, Victoria did not have spent convictions legislation, and you should check whether any other jurisdiction's spent convictions legislation which might apply operates in relation to disclosures to be made to the admissions authority. Unless the law clearly does not require disclosure because of the age of the offences, it would be very sensible to disclose all of the offences. Generally, traffic offences of the kind ordinary people regularly infringe would not be a bar to admission. If they are more serious offences, consider obtaining representation in relation to your application. Meanwhile, go to the index of this blog, and click on 'admission', and you will find the posts relating to admissions, with many Victorian cases referenced. Have a read of them.

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