Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section
–
“required experience”
means —
(a)
18 months supervised legal practice, in the case of a person who, to
qualify for admission to the legal profession, completed practical legal
training —
(i)
principally under the supervision of an Australian legal
practitioner, whether involving articles of clerkship or otherwise; or
(ii)
involving articles of clerkship principally under the
supervision of a person other than an Australian legal practitioner in
accordance with the admission rules;
or
(b)
2 years supervised legal practice, in the case of a person who, to
qualify for admission to the legal profession in this or another jurisdiction,
completed other practical legal training;
“restricted legal practice” means
legal practice by a person who is an Australian legal
practitioner —
(a) as
an employee of a law practice if —
(i)
at least one partner, legal practitioner director or
other employee of the law practice is an Australian legal practitioner who
holds an unrestricted practising certificate; and
(ii)
the person engages in legal practice under the
supervision of an Australian legal practitioner referred to in
subparagraph (i);
or
(b) as a
partner in a law firm if —
(i)
at least one other partner is an Australian legal
practitioner who holds an unrestricted practising certificate; and
(ii)
the person engages in legal practice under the
supervision of an Australian legal practitioner referred to in
subparagraph (i);
or
(c) as a
WA government lawyer; or
(d) as
an interstate government lawyer; or
(e) as
an employee of a body that carries on a business other than the practice of
law if the person engages in legal practice under the supervision of an
Australian legal practitioner who holds an unrestricted practising
certificate; or
(f) in a
capacity approved for the purposes of this paragraph under a legal profession
rule.
(2) In determining
whether a person has the required experience regard can only be had to a
period of supervised legal practice that the regulations permit to be taken
into account for the purposes of this section.
(3) The required
experience may be made up of separate periods of supervised legal practice.
(4) A local legal
practitioner who does not have the required experience must engage in
restricted legal practice only.
(5) A person
contravening subsection (4) is taken to contravene a condition of the
person’s local practising certificate.
(6) A condition of a
local practising certificate may require the holder to engage in supervised
legal practice even though the holder has the required experience.
(7) The Board may
exempt a person or class of persons from the requirement of
subsection (4) or may reduce the required experience for the person or
class of persons, if satisfied that the person or persons do not need to be
supervised or need to be supervised only for a shorter period, having regard
to —
(a) the
length and nature of any legal practice previously engaged in by the person or
persons; and
(b) the
length and nature of any legal practice engaged in by the supervisors (if any)
who previously supervised the legal practice engaged in by the person or
persons.
(8) An exemption under
subsection (7) may be given unconditionally or subject to such conditions
as the Board thinks appropriate.