Work Experience Rules - Western Australia

The College of Law Practical Legal Training Program (the Program) satisfies the practical legal training requirements for direct admission to legal practice in Western Australia.
The Program consists of three parts:

  1. The Coursework Component
  2. The Work Experience Component, and
  3. The Continuing Professional Education Component.

These Rules relate to the Western Australia Work Experience Component.

The College of Law is not authorised to grant exemptions from the Work Experience Component, or from any component of the Program.  Anyone seeking exemption from the Work Experience Component, whether on the basis of overseas experience as a lawyer or otherwise, should seek guidance from the Legal Practice Board.

Definitions

 

Term

Definition

Relevant Authority 

Western Australian Stream

The Legal Practice Board (WA)

The Program accredited by the Legal Practice Board in Western Australia for direct admission to legal practice in that State.

 

Rules

 

Rule

Sections

1. Constitution of the Work Experience Committee

1.1  There is a Work Experience Committee which is appointed by, and reports to, the Board of Directors of the College of Law and to the College of Law Academic Board.

1.2  Members of the Work Experience Committee may hold office for two years and may be reappointed.

1.3  The Director, PLT Program, the Student Services Manager, the Senior Student Services Officer and the Chief Executive Officer of the Western Australian College are ex officio members of the Work Experience Committee in respect of an application by any student undertaking the Western Australian Stream of the Program. 

1.4  The Work Experience Committee may regulate its own procedures in implementing these rules.

2. The application process

2.1  In order to have your work experience placement approved you must complete the Western Australia Application for Approval of Placement form and submit it to the Work Experience Committee.

2.2  Approval in accordance with 2.1 should be obtained before you commence the work experience.

2.3  If you do not obtain approval before you commence the work experience placement, then retrospective approval of the work experience will be at the discretion of the Work Experience Committee but subject to the requirements of the Relevant Authority.

3. When to do your work experience

3.1  Timing of the Work Experience Component is dependent on the mode selected for the Coursework Component and in all cases is subject to course rules:

(a)  If undertaking the Coursework Component full-time, work experience may be undertaken either before or after the Coursework Component, but will not be approved concurrently with any Coursework Component.

(b)  If undertaking the Coursework Component part-time, work experience may be undertaken before, after or concurrently with the Coursework Component.

3.2  You must commence the Work Experience Component within 2 years of commencing the Coursework Component and/or you must complete the Work Experience Component within 2 years of completing the Coursework Component.

4. Required duration of work experience

4.1 Work experience must total 15 weeks (75 week days). You can undertake up to 8 weeks (40 week days) of this experience before completing the final assessment in your law qualification provided that the experience falls within 18 months preceding your enrolment in the program.

4.2 You may undertake work experience on a part time basis subject to the following conditions:

(a) work experience must total the equivalent of 15 weeks (75 week days) full time;

(b) part time work must occupy at least 2 days per week.

4.3 If you undertake work experience in more than one period, each period must be at least the equivalent of 2 weeks (10 week days) of full time work.

4.4 Your work experience may be undertaken in a maximum of 3 different placements.

5. Placement requirements

5.1 Your work experience placement must be supervised and can be undertaken with:

(a)  a legal practitioner who holds an unrestricted Western Australian practising certificate; or

(b) a State or Federal government legal office or department recognised by the Work Experience Committee as being a place in which appropriate practical experience might be undertaken; or

(c) a judge to carry out legal research and provide legal services; or

(d) a member (who is a legal practitioner) of the State Administrative Tribunal or the Administrative Appeals Tribunal to carry out legal research and provide legal services.

6. Nature of work experience

6.1 Your work experience must occur in the delivery of legal services and;

6.2 must equate to the duties normally undertaken by a law clerk or paralegal and include:

(a) contact with clients of the work experience placement;

(b) application of legal knowledge and skills to the resolution of real-life problems of a legal nature;

(c) experience of procedures and dynamics commonly found in offices in which legal services are provided; and

(d) experience in the processes of becoming professional practitioner of the law.

7. Supervision

7.1  A person may be a supervisor if he/she:

(a)  is a legal practitioner who holds an unrestricted Western Australian practising certificate; or

(b)  being a legal practitioner, is a member of the State Administrative Tribunal or the Administrative Appeals Tribunal; or

(c)  is employed by the state or federal government and who has practised as a lawyer for more than 2 years; or

(d)  is a judge.

7.2  A supervisor must not have been the subject of an adverse finding by any relevant court, licensing authority or disciplinary body under the law governing the legal profession in any relevant jurisdiction unless having been the subject of an adverse finding he/she makes full disclosure to the Work Experience Committee and the Committee is satisfied that the adverse finding should not preclude the person from being a supervisor.

7.3  A supervisor must not supervise more than 3 people concurrently undertaking their work experience unless the approval of the Work Experience Committee has been obtained, which approval will only be given in special circumstances.

8. Jurisdiction of placements

8.1  The work experience must be undertaken in Western Australia.

9. Completion of placements

9.1  When you complete an approved work experience placement you must submit to the College, the College’s Western Australian Statutory Declaration Work Experience Form which:

(a)  confirms and details dates of the work experience undertaken in accordance with these Rules;

(b)  confirms that you have been supervised by the approved supervisor; and

(c)  includes an acknowledgement signed by the approved supervisor.

9.2  In addition, you must maintain a record of the hours worked and the duties undertaken during the work experience placement and, if required by the College, submit that record to the College on completion of the placement.

10. Dispensation from compliance with these rules

10.1  Subject to the requirements of the Relevant Authority, the Work Experience Committee may dispense with compliance with any aspect of these rules where it is satisfied that non-compliance is minor or that undue hardship may result from a strict application of the rules.

11. Rejection of applications

11.1  If the Work Experience Committee refuses to approve your work experience application, then the Committee must provide you with reasons for its refusal in writing and within a reasonable time of the refusal.

12. Appeals process

12.1  There will be an Appeals Committee which will be appointed by all the College Boards.

12.2  The Appeals Committee may prescribe rules and guidelines covering the conduct of appeals.

12.3  Appeals can only be made on the grounds of procedural unfairness, irregularity or improper exercise of the Work Experience Committee’s discretion under Rule 10.1 and shall not proceed by way of re-hearing.

12.4  The Appeals Committee may:

(a)  dismiss the appeal;

(b)  refer your application back to the Work Experience Committee with such directions as it sees fit; or

(c)  substitute its own determination of your application for that of the Work Experience Committee.

^ Back to top