Legal Profession Amendment (Education) Act 2007

Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—EDUCATION AND ADMISSION AMENDMENTS 3 4 Eligibility and suitability for admission 3 5 Admission rules 4 6 New section 2.5.1 substituted 5 2.5.1 Purpose 5 7 Health assessments 6 8 New section 2.5.10 inserted 9 2.5.10 Confidentiality of health assessment reports to the Board of Examiners 9 9 Composition of Council of Legal Education 10 10 New section 6.5.1A inserted 11 6.5.1A Members representing Victorian tertiary institutions 11 11 Council meetings 12 12 New sections 6.5.5 and 6.5.6 substituted 13 6.5.5 Deputy for Chief Justice 13 6.5.6 Consultants 13 13 Further Council of Legal Education amendments 13 14 Board of Examiners 14 15 New section 6.5.15 substituted 16 6.5.15 Special hearings 16 16 Deputy members 17 17 New section 6.5.17 substituted and 6.5.17A inserted 17 6.5.17 Consultants 17 6.5.17A Delegation 17 18 New Division 3 inserted in Part 6.5 17 Division 3—General provisions 17 6.5.19 Staff 17 i -- 1 of 28 -- Section Page PART 3—OTHER AMENDMENTS 18 19 Definitions 18 20 New section 2.4.42 inserted 18 2.4.42 Show cause procedure for removal of lawyer's name from local roll following cancellation of interstate practising certificate or guilty finding 18 21 Suitability reports 19 22 Legal profession rules 19 23 Disclosure of costs to clients 20 24 Civil complaints 21 25 New section 4.3.5A inserted 22 4.3.5A Settlement agreements 22 26 New Part 13 inserted in Schedule 2 23 PART 13—LEGAL PROFESSION AMENDMENT (EDUCATION) ACT 2007 23 13.1 Council of Legal Education 23 13.2 Board of Examiners 23 13.3 Health assessments 24 27 Statute law revision 24 PART 4—REPEAL OF AMENDING ACT 25 28 Repeal of Act 25 ═══════════════ ENDNOTES 26 ii -- 2 of 28 -- Victoria Legal Profession Amendment (Education) Act 2007† No. 46 of 2007 [Assented to 25 September 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to amend the Legal Profession Act 2004— (a) with respect to the educational and other requirements for admission to the legal profession; and (b) to make miscellaneous amendments. 1 -- 3 of 28 -- Part 1—Preliminary Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 2 2 Commencement (1) This Act (except Part 2) comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 2 comes into operation on 1 July 2008. 3 Principal Act In this Act, the Legal Profession Act 2004 is called the Principal Act. See: Act No. 99/2004. Reprint No. 1 as at 12 December 2005 and amending Act Nos 97/2005, 14/2006, 29/2006, 75/2006, 79/2006, 80/2006 and 12/2007. LawToday: www. legislation. vic.gov.au __________________ 2 -- 4 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 4 PART 2—EDUCATION AND ADMISSION AMENDMENTS 4 Eligibility and suitability for admission (1) After section 2.3.2(1) of the Principal Act insert— "(1A) The Council may require a person who seeks admission to the legal profession on the basis of having attained academic qualifications or completed practical legal training requirements outside Australia to pay the reasonable costs of the Council in assessing the person's qualifications or practical legal training.". (2) After section 2.3.3(1)(a) of the Principal Act insert— "(ab) whether the person is or has been the subject of disciplinary action, however described, arising out of the person's conduct in— (i) attaining approved academic qualifications or corresponding academic qualifications; or (ii) completing approved practical legal training requirements or corresponding practical legal training requirements; and". (3) After section 2.3.3(2) of the Principal Act insert— "(3) An education or training body must, at the written request of the Board of Examiners, produce for inspection or copying by the Board of Examiners any documents held by the body that are relevant to the Board of Examiners' consideration of a matter referred to in subsection (1)(ab). 3 -- 5 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 5 (4) Subsection (3) does not apply unless the person to whom the document relates pays the reasonable costs of the education or training body in complying with the request. (5) In this section— approved academic qualifications, corresponding academic qualifications, approved practical legal training requirements and corresponding practical legal training requirements have the same meanings as in section 2.3.2; education or training body means a person or body that provides a course or other service for the purposes of allowing a person to— (i) attain approved academic qualifications or corresponding academic qualifications; or (ii) complete approved practical legal training requirements or corresponding practical legal training requirements.". 5 Admission rules (1) In section 2.3.12(1) of the Principal Act— (a) in paragraph (b), for "profession." substitute "profession;"; (b) after paragraph (b) insert— "(c) procedural requirements for applying for admission to the legal profession.". 4 -- 6 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 6 (2) After section 2.3.12(2) of the Principal Act insert— "(2A) The admission rules may require an applicant for admission to give the Board of Examiners, or consent to the Board of Examiners obtaining, a report on the applicant's criminal record (if any) from— (a) the Chief Commissioner of Police; or (b) the police force, however described, of any place outside Victoria where the applicant attained academic qualifications, undertook practical legal training or engaged in legal practice.". 6 New section 2.5.1 substituted For section 2.5.1 of the Principal Act substitute— "2.5.1 Purpose The purpose of this Part is— (a) to provide for— (i) criminal record checks of applicants for the grant or renewal of practising certificates; and (ii) health assessments of applicants for and holders of local practising certificates and reports on those assessments— to assist the Board in determining whether the applicant or holder is a fit and proper person to engage in legal practice in this jurisdiction; and (b) to provide for health assessments of applicants for admission to the legal profession under this Act and reports on those assessments to assist the Board of Examiners in deciding whether to 5 -- 7 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 7 recommend that the applicant is a fit and proper person to be admitted to the legal profession.". 7 Health assessments (1) In section 2.5.2 of the Principal Act— (a) insert the following definition— "appropriate authority, in relation to a health assessment and health assessment report, means— (a) the Board, in the case of an assessment and report in relation to— (i) an applicant for the grant or renewal of a local practising certificate; or (ii) a local legal practitioner; or (b) the Board of Examiners, in the case of an assessment and report in relation to an applicant for admission to the legal profession under this Act;"; (b) in the definition of health assessor, after "Board" insert "or the Board of Examiners"; (c) in the definition of subject person, for paragraph (b) substitute— "(b) in relation to a health assessment and health assessment report required or to be required by the Board— (i) an applicant for the grant or renewal of a local practising certificate; or (ii) a local legal practitioner; 6 -- 8 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 7 (c) in relation to a health assessment and health assessment report required or to be required by the Board of Examiners—an applicant for admission to the legal profession under this Act;". (2) For section 2.5.4(1) of the Principal Act substitute— "(1) This section applies if— (a) the Board believes on reasonable grounds that a subject person may have a mental impairment that may result in him or her not being a fit and proper person to engage in legal practice in this jurisdiction; or (b) the Board of Examiners believes on reasonable grounds that a subject person may have a mental impairment that may result in him or her not being a fit and proper person to be admitted to the legal profession under this Act.". (3) In the Principal Act— (a) in section 2.5.4(2), (3) and (5), for "Board" (wherever occurring) substitute "appropriate authority"; (b) in section 2.5.5(1), for "Board" substitute "appropriate authority"; (c) in section 2.5.5(3)— (i) for "Board" (wherever occurring) substitute "appropriate authority"; (ii) for "Board's" substitute "appropriate authority's"; (iii) after "including" insert ", in the case of the Board,"; 7 -- 9 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 7 (d) in section 2.5.5(4), for "Board" substitute "appropriate authority"; (e) in section 2.5.6— (i) in subsection (2)(a), after "legal practice" insert "or to be admitted to the legal profession (as the case requires)"; (ii) in subsection (2)(b), before "if the health assessor" insert "in the case of a health assessment required by the Board,"; (iii) in subsection (3), for "Board" substitute "appropriate authority"; (f) in section 2.5.7, after "report" insert ", whether required by the Board or by the Board of Examiners". (4) For section 2.5.8(2) of the Principal Act substitute— "(2) Subsection (1) does not apply in relation to a proceeding— (a) on a review or appeal by the subject person against a decision of the Board, or of a corresponding authority in another jurisdiction— (i) refusing to grant or renew a practising certificate; or (ii) imposing conditions on a practising certificate; or (iii) amending, suspending or cancelling a practising certificate; or 8 -- 10 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 8 (b) on an appeal under section 2.3.11 against a decision of the Board of Examiners with respect to the subject person's application for admission to the legal profession.". (5) For the heading to section 2.5.9 of the Principal Act substitute— "Confidentiality of suitability reports to the Board". 8 New section 2.5.10 inserted After section 2.5.9 of the Principal Act insert— "2.5.10 Confidentiality of health assessment reports to the Board of Examiners (1) A member, member of staff or agent of the Board of Examiners must not, directly or indirectly, disclose to anyone else a health assessment report or information in a health assessment report, given to the Board of Examiners. Penalty: 60 penalty units. (2) A member, member of staff or agent of the Board of Examiners does not contravene subsection (1) if— (a) disclosure of the report or information in it to someone else is authorised by the Board of Examiners to the extent necessary to perform a function under this Act in relation to an application for admission to the legal profession under this Act; or (b) the disclosure is made with the consent of the person to whom it relates; or (c) the disclosure is otherwise required or permitted by law.". 9 -- 11 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 9 9 Composition of Council of Legal Education For section 6.5.1(2) and (3) of the Principal Act substitute— "(2) The Council consists of— (a) the Chief Justice; (b) the Chairperson of the Board; (c) 3 Judges of the Supreme Court nominated by the Chief Justice; (d) 2 persons nominated by the Victorian Bar; (e) 3 persons nominated by the Law Institute, one of whom must be a country legal practitioner; (f) 2 persons nominated by the Attorney-General who have experience in the provision of legal education; (g) 3 persons representing Victorian tertiary institutions nominated in accordance with section 6.5.1A. (3) The members (other than those referred to in subsection (2)(a) and (b)) are to be appointed by the Governor in Council. (4) The term of office of a nominated member is— (a) 3 years in the case of a member referred to in subsection (2)(c), (d), (e) or (f); (b) 2 years in the case of a member referred to in subsection (2)(g)— and members are eligible for reappointment. 10 -- 12 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 10 (5) In this section— country legal practitioner means a local legal practitioner who is a country legal practitioner within the meaning of the constitution of the Law Institute.". 10 New section 6.5.1A inserted After section 6.5.1 of the Principal Act insert— "6.5.1A Members representing Victorian tertiary institutions (1) The persons referred to in section 6.5.1(2)(g) are to be nominated as follows— (a) for the purpose of the first nomination of those persons, the governing body of each group 1 institution is to nominate one person; (b) for the purpose of the second nomination of those persons, the governing body of each group 2 institution is to nominate one person; (c) for the purpose of subsequent nominations of those persons, the nominations are to alternate between the governing bodies of each group of institutions, as described in paragraphs (a) and (b), beginning with the group 1 institutions. (2) Despite subsection (1), if a person referred to in section 6.5.1(2)(g) ceases to be a member of the Council before the expiry of his or her term of office under section 6.5.1(4)(b), the governing body of the institution that nominated that person is to nominate another person to be appointed by the Governor in Council for the remainder of that term. 11 -- 13 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 11 (3) In this section— group 1 institution means— (a) La Trobe University; (b) Royal Melbourne Institute of Technology; (c) the University of Melbourne; group 2 institution means— (a) Deakin University; (b) Monash University; (c) Victoria University.". 11 Council meetings (1) In section 6.5.4 of the Principal Act— (a) in subsection (1), for "Chief Justice of the Supreme Court" substitute "Chief Justice or his or her deputy"; (b) in subsection (2), for "Chief Justice is absent, the next most senior Judge" substitute "Chief Justice or his or her deputy is absent, the most senior Judge"; (c) in subsection (3), for "7" substitute "5". (2) After section 6.5.4(6) of the Principal Act insert— "(6A) At any time when the members of the Council do not include the nominee of a group 1 institution (within the meaning of section 6.5.1A), the Council must ensure that copies of minutes of its meetings and any other papers relevant to those meetings are provided to each group 1 institution. (6B) At any time when the members of the Council do not include the nominee of a group 2 institution (within the meaning of 12 -- 14 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 12 section 6.5.1A), the Council must ensure that copies of minutes of its meetings and any other papers relevant to those meetings are provided to each group 2 institution.". 12 New sections 6.5.5 and 6.5.6 substituted For sections 6.5.5 and 6.5.6 of the Principal Act substitute— "6.5.5 Deputy for Chief Justice (1) The Chief Justice may appoint a person to be his or her deputy as a member of the Council. (2) A deputy appointed under subsection (1) may, in the absence of the Chief Justice, attend a meeting of the Council in his or her place and perform any function at that meeting that the Chief Justice could have performed. 6.5.6 Consultants The Council may engage any consultants required for the purposes of carrying out its functions.". 13 Further Council of Legal Education amendments (1) After section 6.5.7(2) of the Principal Act insert— "(3) A committee of the Council referred to in subsection (1) may include persons who are not members of the Council but who, in the Council's opinion, have experience in the provision of legal education or training making them suitable persons to be appointed to a committee of the Council.". (2) In section 6.5.8(b) of the Principal Act omit "or deputy member". 13 -- 15 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 14 14 Board of Examiners (1) For section 6.5.9(2), (3) and (4) of the Principal Act substitute— "(2) The Board of Examiners consists of the following persons appointed by the Governor in Council— (a) a chairperson, being a former judge of a superior court who is— (i) suitable for appointment; and (ii) nominated by the Chief Justice; (b) 6 local legal practitioners who are— (i) suitable for appointment; and (ii) nominated by the Council after consultation with each professional association and the Board. (3) A person is suitable for appointment to the Board of Examiners only if he or she— (a) is qualified to undertake individual assessments of an applicant's eligibility and suitability to be admitted to the legal profession; and (b) is sufficiently objective to perform the function referred to in paragraph (a) in an appropriate manner; and (c) has sufficient time to perform the functions of member. (4) The appointment of a person as chairperson does not affect any pension or other rights and privileges the person has as a former judge. 14 -- 16 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 14 (5) The term of office of a member of the Board of Examiners is 3 years and members are eligible for reappointment. (6) In this section— superior court means— (a) the High Court; or (b) the Federal Court; or (c) the Supreme Court of a State or Territory; or (d) the County Court or a court of another State or Territory of equivalent status to the County Court.". (2) In the Principal Act— (a) in section 6.5.11(2), for "nominated member" substitute "member"; (b) in section 6.5.12— (i) in subsection (1), for "nominated member" substitute "member (other than the chairperson)"; (ii) in subsection (2), for "Council may at any time remove a nominated member from office on the ground that he or she" substitute "Governor in Council may at any time remove a member (other than the chairperson) from office on the ground that the member"; (iii) in subsection (2)(a) omit ", in the opinion of the Council,". 15 -- 17 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 15 (3) After section 6.5.12(2) of the Principal Act insert— "(3) The chairperson may resign his or her office in writing delivered to the Governor in Council.". (4) In the Principal Act— (a) section 6.5.13 is repealed; (b) in section 6.5.14(3), after "quorum" insert "for a meeting". 15 New section 6.5.15 substituted For section 6.5.15 of the Principal Act substitute— "6.5.15 Special hearings (1) The Board of Examiners may hold a special hearing into an applicant for admission to the legal profession if the Board of Examiners becomes aware of anything that may affect his or her eligibility or suitability for admission to the legal profession. (2) Subsection (1) applies whether or not the matter was disclosed to the Board of Examiners by the applicant. (3) The decision to hold a special hearing is to be made by the chairperson of the Board of Examiners. (4) The quorum for a special hearing is 3 members. (5) The Board of Examiners may regulate the procedure for a special hearing.". 16 -- 18 of 28 -- Part 2—Education and Admission Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 16 16 Deputy members For the heading to section 6.5.16 of the Principal Act substitute— "Deputy members". 17 New section 6.5.17 substituted and 6.5.17A inserted For section 6.5.17 of the Principal Act substitute— "6.5.17 Consultants The Board of Examiners may engage any consultants required for the purposes of carrying out its functions. 6.5.17A Delegation The Board of Examiners, by instrument, may delegate to the members of a committee of the Board of Examiners any function of the Board of Examiners other than this power of delegation.". 18 New Division 3 inserted in Part 6.5 After Division 2 of Part 6.5 of the Principal Act insert— "Division 3—General provisions 6.5.19 Staff Any employees that are necessary for the purposes of the Council or the Board of Examiners are to be employed under Part 3 of the Public Administration Act 2004.". __________________ 17 -- 19 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 19 PART 3—OTHER AMENDMENTS 19 Definitions In the Principal Act— (a) in section 1.2.1(1) insert the following definition— "GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;"; (b) in section 1.2.1(1), for the definition of mental infirmity substitute— "mental impairment includes alcoholism and drug-dependence;"; (c) in section 1.2.6(1)(m), for "infirmity" substitute "impairment". 20 New section 2.4.42 inserted After section 2.4.41 of the Principal Act insert— "2.4.42 Show cause procedure for removal of lawyer's name from local roll following cancellation of interstate practising certificate or guilty finding (1) This section applies if the Board is satisfied that— (a) a local lawyer's interstate practising certificate has been cancelled; or (b) a local lawyer has been found guilty, in Victoria or elsewhere in Australia, of an offence— whether before or after the commencement of this section. 18 -- 20 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 21 (2) The Board may serve on the lawyer a notice stating that the Board will apply to the Supreme Court for an order that the lawyer's name be removed from the local roll unless the lawyer shows cause to the Board why his or her name should not be removed. (3) If the lawyer does not satisfy the Board that his or her name should not be removed from the local roll, the Board may apply to the Supreme Court for an order that his or her name be removed from the local roll. (4) Before applying for an order that the lawyer's name be removed, the Board must afford the lawyer a reasonable opportunity to show cause why his or her name should not be removed. (5) The Supreme Court may, on application made under this section, order that the lawyer's name be removed from the local roll, or may refuse to do so. (6) The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in respect of an application under this section.". 21 Suitability reports In sections 2.5.4(1) and 2.5.6(2) of the Principal Act, for "infirmity" (wherever occurring) substitute "impairment". 22 Legal profession rules In section 3.2.13 of the Principal Act— (a) in subsection (1), for "relevant publication" substitute "publication determined by the Board"; 19 -- 21 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 23 (b) in subsection (5), for "Attorney-General" substitute "Board"; (c) subsection (6) is repealed. 23 Disclosure of costs to clients (1) For section 3.4.9(3) of the Principal Act substitute— "(3) A law practice is taken to have complied with the requirement to disclose the details referred to in subsection (1)(b)(i), (ia) and (ii), (h), (j), (k) and (m) if it provides a written statement in or to the effect of a form prescribed by the regulations for the purposes of this subsection at the same time as the other details are disclosed as required by this section. (4) A regulation prescribing a form for the purposes of subsection (3) may provide for the form to refer to fact sheets or other documents (whether as current at the time the regulation commences or any earlier time or as in force for the time being) that contain details of the kind referred to in that subsection. (5) The regulation may— (a) require the Commissioner to produce and maintain fact sheets or other documents that are referred to in the form and to make them available on the Internet; and (b) require the fact sheets or other documents to be developed in consultation with the professional associations.". (2) In section 3.4.12(1)(a) and (2) of the Principal Act, after "$750" insert "(exclusive of GST)". 20 -- 22 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 24 (3) For section 3.4.35(3) of the Principal Act substitute— "(3) A law practice is taken to have complied with the requirement to provide the written statement referred to in subsection (1) if it provides a written statement in or to the effect of a form prescribed by the regulations for the purposes of this subsection. (4) A regulation prescribing a form for the purposes of subsection (3) may provide for the form to refer to fact sheets or other documents (whether as current at the time the regulation commences or any earlier time or as in force for the time being) that contain details of the kind referred to in subsection (1). (5) The regulation may— (a) require the Commissioner to produce and maintain fact sheets or other documents that are referred to in the form and to make them available on the Internet; and (b) require the fact sheets or other documents to be developed in consultation with the professional associations.". 24 Civil complaints In section 4.3.4(2)(c) of the Principal Act, after "Tribunal," insert "or the complaint is dismissed under section 4.3.13(2)(a),". 21 -- 23 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 25 25 New section 4.3.5A inserted After section 4.3.5 of the Principal Act insert— "4.3.5A Settlement agreements (1) If the parties to a civil dispute reach agreement with respect to the subject-matter of the dispute— (a) the Commissioner must prepare a written record of the agreement; and (b) the record must be signed by or on behalf of each party and certified by the Commissioner; and (c) the Commissioner must give each party a copy of the signed and certified record. (2) Any party, after giving written notice to the other party, may enforce the agreement by filing a copy of the certified record free of charge in the Magistrates' Court. (3) On filing, the record must be taken to be an order of the Magistrates' Court in accordance with its terms, and may be enforced accordingly. (4) A record may be filed only once under subsection (2). (5) This section does not apply if the parties to the dispute reach agreement through mediation. Note Section 4.3.12 deals with agreements reached through mediation.". 22 -- 24 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 26 26 New Part 13 inserted in Schedule 2 After Part 12 of Schedule 2 to the Principal Act insert— "PART 13—LEGAL PROFESSION AMENDMENT (EDUCATION) ACT 2007 13.1 Council of Legal Education (1) A person who was a member of the Council immediately before 1 July 2008 (other than the Chief Justice or the chairperson of the Board) goes out of office at the beginning of that day unless he or she is appointed in accordance with subclause (2). (2) An appointment may be made to the Council under section 6.5.1 as amended by the Legal Profession Amendment (Education) Act 2007 at any time after the commencement of this Part but any such appointment made before 1 July 2008 takes effect on 1 July 2008. 13.2 Board of Examiners (1) A person who was a member of the Board of Examiners immediately before 1 July 2008 goes out of office at the beginning of that day unless he or she is appointed in accordance with subclause (2). (2) An appointment may be made to the Board of Examiners under section 6.5.9 as amended by the Legal Profession Amendment (Education) Act 2007 at any time after the commencement of this Part but any such appointment made before 1 July 2008 takes effect on 1 July 2008. 23 -- 25 of 28 -- Part 3—Other Amendments Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 27 13.3 Health assessments Part 2.5, as amended by the Legal Profession Amendment (Education) Act 2007, insofar as it relates to an applicant for admission to the legal profession under this Act, applies only to a person who lodges his or her application for admission with the Board of Examiners on or after 1 July 2008.". 27 Statute law revision In the heading to section 2.8.25 of the Principal Act, for "of" substitute "or". __________________ 24 -- 26 of 28 -- Part 4—Repeal of Amending Act Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 s. 28 PART 4—REPEAL OF AMENDING ACT 28 Repeal of Act This Act is repealed on 1 July 2009. ═══════════════ 25 -- 27 of 28 -- Legal Profession Amendment (Education) Act 2007 No. 46 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 July 2007 Legislative Council: 9 August 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Legal Profession Act 2004 with respect to the educational and other requirements for admission to the legal profession and for other purposes." 26 -- 28 of 28 --