Legal Profession Admission Board
 

Tuition, Progression & Exclusion Rules

Successful progression through the course may only be achieved in accordance with the NSW Admission Board Rules 2015.  The following summarises the key rules and procedures that govern a students progress.  It is strongly recommended that students familiarise themselves with these rules prior to submitting an application for enrolment.

               

    Tuition Rules

    Rule 63A provides that a candidate who has enrolled for and undertaken a course of instruction in a subject of examination conducted by the Law Extension Committee and who has completed the requirements of the course may sit for the examination in that subject unless the Law Extension Committee notifies the candidate and the Examinations Committee prior to the examination that the candidate has not completed the requirements of the course to the satisfaction of the Law Extension Committee.

    To be eligible to sit for an examination a student must have enrolled and at the same time registered for tuition in that subject with the Law Extension Committee and must have completed satisfactorily all required tasks in that subject 

    The Law Extension Committee notifies students of their eligibility to sit for an examination through the Webcampus. It is the responsibility of students to check their results and eligibility status by accessing the Webcampus. With regard to written tasks, it is expected that students achieve at least a pass mark (50%). If a student receives a grade between 40% and 49% the Law Extension Committee may deem the student eligible to sit for the examination. In that instance, the category "deemed eligible" appears on the students result screen.

    There are some occasions when a student may be thoroughly prepared but unable to sit for an examination. Because the Board's examinations are held twice a year, and not sitting for an examination is not regarded as a failure, the usual advice is to repeat the subject in the following session. In exceptional circumstances the Board and the Law Extension Committee may be able to offer some financial relief to a student who, but for the unforeseen event, would have most likely passed the examination.

    In order to qualify, a student must have been prevented from sitting for the examination by serious illness or misadventure occurring within one week of the examination. A statutory declaration and specific medical certificate must be lodged with the Law Extension Committee, if possible prior to the examination but no later than 14 days after the examination. Upon the student passing that examination in the next session, and notifying the Law Extension Committee, the Law Extension Committee in consultation with the Board will consider a partial refund of the fees for that session.

    The criteria are quite strict - for example, a student must have been eligible (not deemed eligible) to sit for the examination they missed; and at the next session must have achieved a pass in the compulsory assignment and the examination.  It is advisable to discuss an application with the Law Extension Committee or the Board's Legal Officer.

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    Progression Rules

    Rules 59(1) and 59(2) provide that a student must present himself or herself for examination in the subjects appearing on the curriculum in sequential order until he or she has passed or been credited with or exempted from 11 subjects. The student may then take the remaining subjects in any order.

    Rule 59(3) provides that a student must not, at any one sitting, enrol and sit for examination in more than two subjects until that student has passed or been exempted from eight compulsory subjects, after which he or she may not at any one sitting, enrol and sit for more than three subjects.

    It is not practicable to arrange the lecture and examination timetable in such a way as to accommodate every combination of subjects in a particular session. Timetable clashes may arise in particular where a student includes in his or her program of study one or more of the subjects appearing in Group B. A student can minimise the risk of timetable clashes involving subjects in Group B by including subjects from that group in his or her program of study at the earliest opportunity. Please note, a maximum of two exams may be sat in one day.

    Relaxation of progression rules (Student Course Application)

    The Examinations Committee may relax the progression rules. The rules will be relaxed only when it is found that there is good and sufficient reason to justify the change sought.

    You should also be aware that knowledge of one or more subjects is often a prerequisite to study others. As a general rule, only students who have already demonstrated their capacity to perform at a higher level will be considered favourably.

    An application for relaxation of the progression rules in relation to the winter 2016 (Term 2/2016) session must:

    • be completed in statutory declaration format (if declaration is handwritten, the handwriting must be legible)
    • be accompanied by the prescribed fee;
    • in the case of a student wishing to enrol in subjects out of order, specify which subjects and the reasons why he/she desires to take the subjects in an alternative sequence;
    • in the case of a student wishing to enrol in more than the normal allowable number of subjects, set out reasons why he/she wishes to attempt additional subject(s) and the basis upon which he/she considers that the proposed workload is not excessive;
    • reach the Board's offices by no later than Friday 29 April 2016.

     

    Please note, if you are applying for relaxation of both Rules 59(1) and 59(3), in the same or separate applications, two application fees are required.

    Decisions made in response to these applications are valid for one specified semester only.

    Please ensure that the statutory declaration has been completed correctly and properly witnessed, as a deficient declaration will delay processing and may place your enrolment in the current semester at risk.  If completing a statutory declaration by hand, please ensure that your handwriting is legible.

    If you lodge your application by fax or email, please DO NOT send us the original, you should keep this for your records.

    Student Course Applications are normally processed within 7 days, however, during busy times such as the enrolment period, processing can take much longer.   An application for enrolment must NOT be lodged until you have received the Board's decision on your application, however, you may register for tuition with the LEC and attend lectures while awaiting the outcome.  You will, if necessary, receive extra time to lodge your enrolment application.

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    Exclusion Rules

    Rule 64 of the Legal Profession Admission Rules provides that any candidate who, without prior leave of the Examinations Committee, fails to sit for examination in at least two subjects in any two successive sessions shall be excluded from taking any further examination.

    Rule 66 provides that a candidate who fails any subject a second time shall be excluded from taking any further examination.

    Relaxation of the exclusion rules (R67 Application)

    Rule 67 provides that the Examinations Committee may in special circumstances relax the exclusion rule upon such conditions as it considers appropriate.

    In considering an application under Rule 67, the Examinations Committee and its Performance Review Sub-Committee take account of the whole academic record of the Student-at-law concerned, the distinctions, merits, passes, failures, did-not-sits and previous Rule 67 applications. They decide whether it is appropriate to impose conditions on re-enrolment.

    As a condition of re-enrolment, they could require a Student-at-law: to sit only one subject in a specified session; to sit and pass one or two subjects in a specified session; or to re-sit and pass some or all of their previously passed subjects. A Rule 67 decision could require a Student-at-law to repeat one or more previously passed subjects if it is deemed that the learning in such subjects is "stale" owing to changes to the Law or simply the passing of time. Students-at-law make themselves vulnerable to the imposition of such conditions whenever they breach Rule 64 or 66.

    Although there is no current time limit to complete the course this is under consideration by the Board.

    It is often not necessary to await the publication of results before making an application under Rule 67.  A Student-at-law who expects to be excluded should make the application as soon as he/she has clear objectives for the following session.  An early application has a greater chance of being processed quickly. 

    An application for relaxation of the exclusion rules in relation to the winter 2016 (Term 2/2016) session must

    • be completed in statutory declaration format (if declaration is handwritten, the handwriting must be legible);
    • be accompanied by the prescribed fee;
    • clearly explain why the student has not made sufficient progress in the course or, why the student has had difficulty with the subject which has been repeatedly failed;
    • demonstrate convincingly that circumstances have changed allowing the student a much better opportunity to succeed;
    • indicate whether the student wishes to take one subject or more than one subject if permitted to re-enrol;
    • reach the Board's offices by no later than Friday 29 April 2016.

    If you lodge your application by fax or email, please DO NOT send us the original, you should keep this for your records.

    Please ensure that the statutory declaration has been completed correctly and properly witnessed, as a deficient declaration will delay processing and may place your enrolment in the current semester at risk.  If completing a statutory declaration by hand, please ensure that your handwriting is legible.

    Rule 67 Applications are normally processed within 7 days, however, during busy times such as the enrolment period, processing can take much longer.  An application for enrolment must NOT be lodged until you have received the Board's decision on your application, however, you may register for tuition with the LEC and attend lectures while awaiting the outcome.  You will, if necessary, receive extra time to lodge your enrolment application.

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    Late Applications

    Applications for relaxation of the progression or exclusion rules which reach the Board's office later than Friday 29 April, but not later than Friday 6 May 2016, will be processed in relation to the  winter 2016 semester, but only upon payment of a late fee of $85.00 in addition to the prescribed fee. 

    Applications received after Friday 6 May 2016 will NOT be processed in relation to the winter 2016 semester.