Specialist Accreditation - Queensland Law Society...areas. The Queensland Law Society requires such...

Specialist Accreditation Scheme Handbook 2012

Distinction in law

2012 Specialist Accreditation Handbook 1

The Specialist Accreditation Scheme Handbook (‘the Handbook’) covers:

- general information about the Specialist Accreditation Scheme; and

- the Specialist Accreditation Scheme Rules which govern the Scheme.

The Handbook provides information that is relevant for all areas of accreditation. Each

area of accreditation has Specialist Accreditation Assessment Criteria which are

published separately to the Handbook. Legal Practitioners considering applying for

accreditation will need to read both the Handbook and the Specialist Accreditation

Assessment Criteria relevant to the area they are seeking accreditation and all

Applicants will be bound by both of these documents in all matters relating to the

Scheme.

The Specialist Accreditation Assessment Criteria are available under the Specialist

Accreditation section of the Queensland Law Society website – www.qls.com.au.


Foreword

The Specialist Accreditation Scheme was established by the Queensland Law Society

in 1995 to provide guidance to members of the public who need legal services in

specific areas.

The Society is delighted that, since the inception of the Scheme, 423 solicitors

throughout Queensland have become accredited, offering the advantages of

specialisation to rural and suburban communities as well as the CBD. It is a credit to all

practitioners who have successfully achieved accreditation that they were prepared to

prove the quality of their specialist knowledge.

This program has received endorsement from many members of the public as providing

them with direction to practitioners of proven expertise. With heightened community

awareness of the programme, the Queensland Law Society has expanded the Scheme

to offer accreditation in 10 areas of specialty, with assessment in each area being

offered every second year.

In 2012, applications for accreditation will be assessed in the areas of Business Law,

Commercial Litigation, Criminal Law, Immigration Law and Workplace Relations.

I thank the members of the Specialist Accreditation Board and the separate Advisory

Committees, as well as the staff of the Queensland Law Society who have worked

tirelessly to guarantee the continued integrity of this Scheme.

Chairperson

Specialist Accreditation Board


GENERAL INFORMATION ABOUT THE SPECIALIST ACCREDITATION SCHEME

1. SPECIALIST ACCREDITATION

The Specialist Accreditation Scheme was established to recognise Queensland Law

Society members who have demonstrated proficiency in areas of practice in which they

specialise. Lawyers who are accredited as specialists are recognised as having

enhanced skill levels, as well as substantial involvement in established legal speciality

areas. The Queensland Law Society requires such specialists to demonstrate superior

knowledge, experience and proficiency in a particular area of law to ensure that

recognition as an Accredited Specialist is meaningful and reliable.

2. AIMS OF THE SCHEME

The Scheme aims to benefit the public and the profession in four ways:

(a) by offering the public and other professionals a reliable means of identifying

Legal Practitioners who are recognised by their peers as having special

competence in particular areas of practice;

(b) by providing an incentive and an opportunity for Legal Practitioners to reach

and maintain higher levels of competence in their chosen areas of practice;

(c) by encouraging improvement in the quality, speed and cost-efficiency of legal

services; and

(d) by, wherever practical, enhancing the Scheme at a national level.


3. NO LIMITATION ON RIGHTS OF PRACTICE

Participation in the Scheme is voluntary. No Legal Practitioner is required to be

accredited before practising in any particular area of practice. At the same time,

accreditation as a specialist does not in any way limit the right to practise in other areas.

4. AREAS OF ACCREDITATION

The Scheme currently offers accreditation in:

(a) Business Law

(b) Commercial Litigation

(c) Criminal Law

(d) Family Law

(e) Immigration Law

(f) Personal Injury

(g) Property Law

(h) Succession Law (Wills & Estates)

(i) Taxation Law

(j) Workplace Relations


New areas of accreditation will be offered from time to time and are determined by

reference to the following criteria:

(a) the area is one which is identifiable by the consumers of legal services;

(b) there is a recognisable need for identification of specialists;

(c) the area is one which fosters specialisation; and

(d) the accrediting of specialists will provide a worthwhile point of reference for

other Legal Practitioners and members of the public.

Accreditation for each area of specialty is offered once every two years. The Board will

advertise which area/s of specialty will be offered in the following year, towards the end

of the year preceding.

When introducing a new area of specialty, accreditation will normally, but not always, be

offered in two consecutive years. Following this period, the accreditation Scheme will

revert to standard timing of once every two years.

5. ASSESSMENT

5.1 Use of Performance Standards

Assessment of Candidates is based on a set of Performance Standards that are

developed for each specialty area. Performance Standards are updated each ‘sitting’

year of a programme. Performance Standards are employed to establish a ‘benchmark’

level for tasks a specialist should be able to perform, and therefore, these act as

guidelines for assessing a Legal Practitioner’s competence in the relevant area of

practice. Performance Standards are also used to assist in determining the most

appropriate mode of assessment to be used in assessing Candidates e.g. written

submission, role play, interview etc.


5.2 Development of Performance Standards

Each Advisory Committee develops Performance Standards for its individual specialty

area by answering the following key questions:

(a) what tasks does a specialist in this area most commonly undertake?

(b) what are the most appropriate processes/procedures for undertaking these

tasks?

(c) what is the appropriate level of expertise that a Legal Practitioner should

exhibit in undertaking these tasks if he/she is to be held out to the public as

being an Accredited Specialist in this area?

5.3 Methods of Assessment

Each Advisory Committee develops assessment methods appropriate to its area of

practice.

As far as possible, the assessment process will attempt to assess each Candidate’s

ability to perform the tasks required of a specialist in that area of practice. The

nominated methods of assessment which a Candidate will be required to undertake are

described in the separate Specialist Accreditation Assessment Criteria relevant to the

particular specialty area.

In all specialty areas, Candidates are required to undertake several modes of

assessment in order for the assessors to develop an accurate picture of the

Candidate’s ability.


Methods of assessment may include:

(a) an open-book written exam;

(b) a take home written exam;

(d) a resume of work;

(e) a take home mock file/assignment; and/or

(f) an interview or advocacy component.

Assessment is specifically designed to be practice and task-orientated.

Each specialty area uses different combinations of these methods of assessment. The

specific Specialist Accreditation Assessment Criteria for each specialist area will

provide more detailed information on which of these assessments is used.

5.4 Assessment Results

5.4.1 Timing

Results will generally be made available to Candidates within three months of the final

assessment item. Candidates will be notified in writing.

Please note: Results will not be made available over the telephone.

5.4.2 Pass / Fail

Candidates will be judged against the Performance Standards, not in relation to one

another, so there is no predetermined pass/fail quota.


Candidates will be advised if they have ‘met the standards’ or ‘have not met the

standards’ for each assessment piece. Accreditation will only be granted if Candidates

are advised that they have ‘met the standards’ for all assessment pieces.

6. APPEALS

Appeals are to be conducted in accordance with the Specialist Accreditation Scheme

Rules in force at the time of the commencement of the appeal.

7. PROCEDURES

7.1 Notices

Notices will be published in Proctor, Queensland Law Society electronic newsletters,

the Queensland Law Society website and otherwise as appropriate. The notices will

indicate which assessments will be offered and will invite interested parties to request

the Specialist Accreditation Scheme Handbook and Specialist Accreditation

Assessment Criteria.

7.2 Applications

All applications must be made on the prescribed form which is available under the

Specialist Accreditation section of the Queensland Law Society website. Late

applications will not be accepted except at the discretion of the relevant Advisory

Committee. All applications are confidential and the name of any Applicant will not be

released without the permission of the Applicant. The exception to this is that the

names of all Applicants will be submitted to the Professional Standards Department at

the Queensland Law Society to ensure that there are no findings of misconduct or

unsatisfactory conduct concerning the Applicant.


7.3 Signed Undertaking

Each Candidate will be required to sign an undertaking at the beginning of the

assessment process. By signing this undertaking, the Candidate will be agreeing not to

discuss the content of the Specialist Accreditation assessments with any person, except

for those relevant staff working in the Specialist Accreditation Department of the

Queensland Law Society, until after all assessment tasks have been completed.

7.4 Refunds

Candidates may withdraw from the accreditation process at any time, however an

administration fee will be charged. Candidates who wish to withdraw must notify the

Secretary to the Specialist Accreditation Board in writing and the following refunds will

apply:

Withdrawal up to 4 weeks prior to

distribution of/sitting first assessment item

$792 refund

(20% of application fee is retained)

Withdrawal following 4 weeks prior to the

distribution of/sitting first assessment item

No refund as examination arrangements

are finalised 4 weeks prior to the first

assessment item.


7.5 Materials and Documents

All documents, records and communications submitted in the course of accreditation

become the property of the Queensland Law Society, and will be held in confidence and

not released except with the written consent of the relevant Advisory Committee or the

Board. Materials of successful Candidates will be disposed of six months after the

results have been published. Materials of unsuccessful Candidates will be retained for

one year. Candidates should keep a copy of all material submitted to the relevant

Advisory Committee.

Please note: The Board will not release individual marks, grades or notes,

and/or comments of assessors.

7.6 Venue and Timetable

Candidates will be notified of the venues for assessment. Candidates should refer to

the individual Specialist Accreditation Assessment Criteria for assessment timetables.

Written exams will generally be held on Saturdays. Other methods of assessments will

usually be scheduled on weekends, and/or on evenings during the week. An attempt

will be made to accommodate the travel plans of regional Legal Practitioners so that

each Candidate will only be required to make one trip to Brisbane.

7.7 Study Groups

Candidates can nominate whether they wish to be in a study group. The names of

those who are interested are then released to all other interested parties.

The purpose of study groups is to enable Candidates to share materials and prepare for

the assessment program. Candidates cannot assist each other in preparing for, or

drafting answers to, mock files or any other item of assessment.


7.8 Past Assessment Kits

Legal Practitioners interested in applying for accreditation may purchase a Past

Assessment Kit in their area of interest. Past Assessment Kits contain past exam

papers and take home assessment items on a DVD and can be useful to assess what

is expected of a Legal Practitioner in each assessment item and will assist in guiding

preparation. Past Assessment Kit order forms can be downloaded from the Specialist

Accreditation section of the Queensland Law Society website.

8. CONTINUING PROFESSIONAL DEVELOPMENT

Regardless of success, Legal Practitioners who undertake the accreditation

assessment process will be granted 10 CPD units. These 10 units consist of 8 general

points, 1 point in the compulsory core area of Practical Legal Ethics and 1 point in the

compulsory core area of Professional Skills. Legal Practitioners who undertake the

accreditation assessment process will only need to complete 1 additional point in the

compulsory core area of Practice Management and Business Skills and they will meet

the CPD requirements in the CPD year that the assessment was completed.

If successful, Accredited Specialists are required to complete a minimum of 15 CPD

units each CPD year in order to maintain their accreditation (see Rule 5.5 of the

Specialist Accreditation Scheme Rules).

Please also refer to Rule 5.5 for the CPD requirements for Legal Practitioners in their

first year of accreditation.


9. INDIVIDUAL ATTAINMENT

Specialist accreditation is an attainment of an individual Legal Practitioner and does not

pertain to his or her firm.

10. USE OF THE LOGO

The Board may permit Accredited Specialists to use the Specialist Accreditation logos

and designs. The logos and designs are owned by the Board and Accredited

Specialists shall not change the logos without the Board’s prior permission. Any

marketing of accreditation shall clearly identify the Legal Practitioner with the

accreditation. An Accredited Specialist shall not mislead another Legal Practitioner or

member of the public as to the nature of any accreditation. The logo must clearly

identify with the Legal Practitioner not with the firm.

Please refer to the ‘Queensland Law Society Marketing Guidelines’ available under the

Specialist Accreditation section of the Queensland Law Society website to ensure

correct use of the Specialist Accreditation logo and post-nominals.

11. SEMINARS AND CONFERENCES

Apart from marketing initiatives, the Queensland Law Society supports Accredited

Specialists by providing a range of professional development opportunities. The

Queensland Law Society Symposium, held annually at the end of March, is designed by

and for Accredited Specialists and canvasses advanced-level subjects across the major

areas of practice. Additionally, the Queensland Law Society provides a range of other

conference program offerings, workshops and seminars designed at the advanced level

of an Accredited Specialist.

The Queensland Law Society actively encourages and invites Accredited Specialists to

be involved in the Society’s professional development program. Please contact a

member of the Specialist Accreditation Department to express your interest.


12. FEES

Fees are payable to the Queensland Law Society and may be paid by cheque or credit

card. All fees below are GST inclusive. Fees will be reviewed from time to time by the

Board.

Application Fee: $990

This fee is for the assessment process and must accompany the application form. This

fee will be refunded if the application for accreditation is not accepted.

Accreditation Fee: $379.50

This fee is payable once the Candidate has satisfied all the assessment criteria.

Candidates will be notified when payment of this amount is due.

Re-accreditation Fee: $379.50

Payable annually.

Appeal Fee: $110

Payable at the time of submission of the appeal and is non refundable.


SPECIALIST ACCREDITATION SCHEME RULES

Contents

Part 1 Definitions

Part 2 The Specialist Accreditation Board

Part 3 Specialist Accreditation Advisory Committees

Part 4 Gaining Specialist Accreditation

Part 5 Maintaining Specialist Accreditation

Part 6 General Provisions

Part 7 Appeals


PART 1 DEFINITIONS

Accredited Specialist A person accredited by the Queensland Law Society as a specialist, that

person having satisfied the qualifying requirements contained in these

Rules and Specialist Accreditation Assessment Criteria.

Applicant A person who submits an application for accreditation as an Accredited

Specialist.

Board The Specialist Accreditation Board of the Queensland Law Society.

Candidate A person whose application is accepted and who is admitted to an

assessment program.

Committee An advisory committee established by the Specialist Accreditation Board for

a specific area of practice.

Council The Council of the Queensland Law Society from time to time.

CPD Continuing Professional Development.

Conviction Includes either of the following whether or not a conviction is recorded on

sentence:

(a) a finding of guilt; or

(b) the acceptance of a guilty plea.

Enquirer A person who expresses an interest in applying for specialisation.

Legal Practitioner An Australian lawyer who holds a current local practising certificate or a

current interstate practising certificate.

Official Publication The day following the date upon which assessment results in a particular

specialty area are posted to Candidates.

President The President of the Queensland Law Society from time to time.

Rules The Specialist Accreditation Scheme Rules published from time to time to

govern the Scheme.

Secretary The Secretary to the Specialist Accreditation Board.

Scheme The Specialist Accreditation Scheme.

Serious Offence An offence whether committed in or outside the jurisdiction that is:

(a) an indictable offence, whether or not the offence is or may be dealt

with summarily; or

(b) becoming an insolvent under administration.

Specialist Accreditation

Assessment Criteria

The criteria that must be met to gain specialist accreditation.


PART 2 THE SPECIALIST ACCREDITATION BOARD

2.1 Establishment of the Board

2.1.1 The Council of the Queensland Law Society shall establish a permanent

Specialist Accreditation Board with power to oversee and administer all

aspects of the Scheme.

2.1.2 Legal Practitioners appointed to the Board shall represent as wide a cross

section of the profession as possible.

2.2 Powers of the Board

The Board has general jurisdiction in all matters pertaining to the Specialist

Accreditation Scheme including but not limited to:

(a) administering the Scheme;

(b) determining areas of practice in which specialist accreditation will be

offered;

(c) appointing and supervising the Committees and, at its discretion, acting

on the recommendations of those Committees;

(d) making and publishing standards for accreditation, such standards to

be designed to produce a uniform level of competence amongst the

various specialties in accordance with the nature of those specialties;

(e) supervising assessment and accreditation of Candidates;

(f) establishing and publishing Rules, policies and procedures for the

administration of the Scheme;


(g) setting and collecting fees payable by Applicants and by Accredited

Specialists;

(h) making recommendations to the Council for amendments to the

Scheme whenever appropriate;

(i) reporting annually to Council on the conduct of the Scheme;

(j) overseeing the marketing of specialist legal services;

(k) promoting the Scheme to the public, profession and potential

Candidates;

(l) encouraging and co-ordinating co-operation at a National level;

(m) doing other such acts or things as are necessary to give effect to the

Rules and the advancement of the Scheme;

(n) hearing and determining appeals by unsuccessful Candidates for

accreditation; and

(o) hearing and determining appeals from a Committee decision regarding

re-accreditation, leave of absence, revocation and re-instatement.

2.3 Duties of the Board

The Board has the duty to:

(a) publish a list of names of successful Candidates in a specialty area on

the Official Publication date or as soon as practicable thereafter;


(b) subject to Rule 2.3 (a), maintain as confidential at all times the identity

of Enquirers, Applicants and Candidates and the performance of

individual Candidates and their examination scores;

(c) maintain as confidential at all times the content of examination

materials prior to the assessment tasks taking place and until the

completion of same;

(d) publicly support the Scheme and the decisions of the Board;

(e) make determinations in good faith; and

(f) make determinations for the maintenance and advancement of the

Scheme.

2.4 Membership of the Board

2.4.1 The Board shall comprise:

(a) up to twelve members appointed by the Council, at least six of whom

hold practising certificates;

(b) at least one member should represent the Council;

(c) at least three members should be experienced in assessment

processes;

(d) at least one senior academic; and

(e) up to two non-Accredited Specialists.

2.4.2 The quorum for any meeting of the Board shall be four.


2.4.3 Members of the Board shall be appointed to a term of three years.

Appointment to a vacancy among members shall be made by the Council for

the remaining term of the member leaving the Board. A member shall be

eligible for re-appointment for not more than two additional three year terms

after having served a full three year term with the approval of the Council.


PART 3 SPECIALIST ACCREDITATION ADVISORY COMMITTEES

3.1 Establishment of a Committee

3.1.1 The Board shall establish a Committee for each area of practice in which it is

intended that Legal Practitioners be accredited as specialists. The Board may

at any time amend the composition and powers of any Committee as it sees

fit, and such amendments shall not be considered amendments to the

Scheme.

3.1.2 The Board is not bound to act in accordance with any recommendation or

advice provided to it by a Committee on any issue.

3.2 Powers of a Committee

Each Committee shall advise and assist the Board in implementing the Scheme in

relation to the particular area of specialty, including:

(a) setting the method and content of assessment for each assessment

program in the specialty area and to set the pass mark for each form of

assessment;

(b) making recommendations in relation to the Performance Standards for

accreditation and continued accreditation;

(c) denying, suspending or revoking accreditation and procedures with

respect thereto; and

(d) performing such other duties as may be requested of or delegated to

the Committee by the Board.


3.3 Duties of a Committee

The Committee has a duty to:

(a) subject to Rule 2.3 (a), maintain as confidential at all times the identity

of Enquirers, Applicants and Candidates and the performance of

individual Candidates and their examination score;

(b) maintain as confidential at all times the content of examination

materials prior to the assessment program taking place and until the

completion of same;

(c) publicly support the Scheme and the decisions of the Committee and

the Board;

(d) make determinations in good faith;

(e) make determinations for the maintenance and advancement of the

Scheme and the particular specialty administered by the Committee;

(f) continuing professional development;

(g) set the method and content of assessment for each assessment

program in the specialty area and to set the pass mark for each form of

assessment;

(h) make recommendations in relation to the Performance Standards for

accreditation and continued accreditation;

(i) deny, suspend or revoke accreditation and procedures with respect

thereto; and


(j) perform such other duties as may be requested of or delegated to the

Committee by the Board.

3.4 Membership of a Committee

3.4.1 Subject to the discretion of the Board to alter the composition of a

Committee, there shall be up to nine members of each Committee of whom:

(a) at least four shall be Legal Practitioners holding current practising

certificates in this State;

(b) at least one member should have had experience of assessment

processes; and

(c) at least one academic.

3.4.2 The Board shall appoint as inaugural members at least four solicitors who, in

the opinion of the Board, have special competence in that area of practice to

which the Committee relates. Only solicitors appointed to an inaugural

Committee shall be deemed to be Accredited Specialists during their

membership of the Committee, as and from when the first group of

successful Candidates have completed the inaugural Program for the

specialty area and can claim accreditation subject to Rule 3.4.7.

3.4.3 Except in the case of initial appointments, at least three members of a

Committee shall be Accredited Specialists in the area of practice to which

that Committee relates.

3.4.4 Members of the Committee shall be appointed by the Board to a three year

term of office. Appointment by the Board to a vacancy shall be for the

remaining term of the member leaving the Committee. The Board may invite

members to extend their appointment for a further period or periods.


3.4.5 The term of an inaugural member of a Committee is calculated from the date

on which the first Candidates in that area of practice are accredited. Any time

served as a Committee member before the date is not counted as part of the

three year term.

3.4.6 Committee members are eligible for re-appointment as follows:

(a) Committee members who have passed the assessment program are

eligible to serve on the Committee for no more than nine years (which

need not be served consecutively) with the approval of the Board; or

(b) a Committee member who has not passed the assessment program

may be re-appointed for no more than one additional three year term.

3.4.7 Subject to Rule 3.4.8, in order to maintain accreditation after leaving the

Committee, an inaugural member of a Committee must pass the Assessment

Program within two years (or such longer time as the Board may allow in

exceptional cases). The retired Committee Member shall not be permitted to

sit any examination set during that person's term of appointment to the

Committee.

3.4.8 The Council may waive the requirements of Rule 3.4.7 if the Candidate

establishes that he or she:

(a) was an inaugural member of a Committee;

(b) was a member of the Committee for a continuous period of two terms

(i.e. 6 years); and

(c) has, in the opinion of the Council, contributed significantly to the

functions and role of the Committee.


3.4.9 An inaugural member may not undertake any assessment program while that

person is a member of a Committee.

3.4.10 The quorum for any meeting of the Committee shall be three.

3.5 Denial, Suspension & Revocation of Accreditation

3.5.1 The Committee may, pursuant to Rule 3.3.1 (i), deny, suspend or revoke the

accreditation of an Accredited Specialist on the grounds that the specialist:

(a) has previously been found guilty of unsatisfactory professional conduct

as defined by Section 418 of the Legal Profession Act 2007 (Qld);

(b) has previously been found guilty of professional misconduct as defined

by Section 419 of the Legal Profession Act 2007 (Qld);

(c) has engaged in conduct which, in the opinion of the relevant

Committee, is likely to bring Accredited Specialists or the Scheme into

disrepute; or

(d) has failed to comply with the Rules as they appear from time to time.

3.5.2 In determining whether or not to accredit a specialist or to deny, suspend or revoke

the accreditation of a specialist under Rule 3.5.1(a) and (b), the Committee may

have regard to any of the following factors:

(a) the seriousness of the circumstances giving rise to the finding;

(b) whether adverse findings were made as to quality, speed and cost of

legal services;

(c) the necessity to maintain confidence in, and the integrity of the

Scheme;


(d) the relevance and/or currency of the finding;

(e) whether the consequences of any resulting denial, suspension or

revocation of accreditation would be unduly harsh and oppressive;

(f) the degree of culpability of the Legal Practitioner in the circumstances

giving rise to the ruling;

(g) any mitigating or aggravating circumstances;

(h) the youth, age, maturity, physical health, mental health or special

disability or infirmity of the Legal Practitioner at the time of the breach;

(i) the attitude of the Applicant’s referees;

(j) whether the finding relates to a matter of considerable public concern;

(k) the prevalence of the breach and any need for deterrence, both

personal and general, including whether the area of practice is a high

risk area for fidelity claims;

(l) the attitude of any complainant; and

(m) any other matters the Committee thinks fit.


PART 4 GAINING ACCREDITATION

4.1 Threshold Qualifications

4.1.1 Applications will only be accepted from members of the Queensland Law

Society or an equivalent state or territory body in Australia.

4.1.2 The Board may set application fees from time to time.

4.1.3 Each application must be accompanied by the application fee.

4.1.4 Applications must be made in the form provided by the Board from time to

time.

4.1.5 Upon application for accreditation, or for the exercise of Committee discretion

pursuant to Rule 4.4 below, Applicants and Candidates are deemed to be

bound by the Rules and the Specialist Accreditation Assessment Criteria as

they appear from time to time.

4.2 Current Practising Certificate

Each Applicant must:

(a) hold a current Practising Certificate from the Queensland Law Society

or an equivalent state or territory body in Australia; or

(b) be engaged in legal work as an employee of a State or Territory

Government or Commonwealth Government or acting in a judicial or

quasi-judicial capacity.


4.3 Practical Experience

4.3.1 Subject to Rule 4.4 below, an Applicant must:

(a) have been engaged in full time legal work for a total period of not less

than five years following the date of their admission to practice and by

30 June in the year of their application; and

(b) demonstrate a substantial involvement in the area of practice of law in

which accreditation is sought, in each of the three years immediately

prior to the application being made.

4.3.2 In respect of the requirements of Rule 4.3.1 (b), substantial involvement shall

mean legal work in the area of practice for which accreditation is sought,

which is equivalent to at least 25% of the total work load of a Legal

Practitioner engaged in full time practice.

The length of involvement may be measured by time engaged in work

relevant to the area of practice, by the number and nature of matters

handled, or by a combination of these and other relevant factors at the

discretion of the Board.

4.4 Exceptional Circumstances

4.4.1 The relevant Committee may, in exceptional circumstances, accept an

application from a Legal Practitioner who is unable to satisfy the conditions

set out in Rule 4.3 above.

4.4.2 In submitting such an application seeking relief from the requirements of Rule

4.3, the Applicant must demonstrate to the relevant Committee that the

experience gained by the Applicant in legal work, para-legal work, judicial,

quasi-judicial work, legal research, teaching, or part-time legal work which in


aggregate, is sufficient to satisfy the Committee that the requirements of Rule

4.3 have been satisfied, and that the application otherwise complies with the

aims of the Scheme.

4.4.3 In considering such an application seeking relief from the requirements of

Rule 4.3, the Committee may have regard to matters including but not limited

to:

(a) the Applicant's experience gained in part-time legal work on a pro rata

basis;

(b) any particular characteristics of the relevant area of practice in which

accreditation is sought;

(c) work such as para-legal, judicial, quasi-judicial, legal research,

teaching, or part-time legal work of the Applicant; and

(d) any other matters as the Committee deems fit.

[Note: It is unlikely that a person who has been admitted for less than four

years will meet the requirements outlined in 4.4.3]

4.4.4 The Committee shall notify the Applicant in writing stating the reasons for its

decision within 14 days of the decision being made.

4.5 Professional Conduct

The relevant Committee may decline to accept an application under Rule 4.4

on the ground that the Applicant has:

(a) previously been found guilty of unsatisfactory professional conduct as

defined by Section 418 of the Legal Profession Act 2007 (Qld);


(b) previously been found guilty of professional misconduct as defined by

Section 419 of the Legal Profession Act 2007 (Qld); or

(c) engaged in conduct which, in the opinion of the relevant Committee, is

likely to bring Accredited Specialists or the Scheme into disrepute.

4.6 Referees

4.6.1 Each application for accreditation must include the names, occupations and

addresses of three referees in the form prescribed by the Board (from time to

time).

4.6.2 Each of these referees must be able to attest to the Applicant's:

(a) involvement in legal practice;

(b) competence as a Legal Practitioner; and

(c) good character.

4.6.3 Each referee must have known the Applicant for at least three years prior to

the date of the application.

4.6.4 At least one referee must be a Legal Practitioner resident within an Australian

jurisdiction with at least five years experience in practice and who is

significantly involved in the relevant area of practice in which accreditation is

sought. A referee who is not a Legal Practitioner must have appropriate

experience in a field of work closely related to the area of practice in which

accreditation is sought.


4.6.5 None of the following is eligible to act as a referee for an Applicant:

(a) a current partner, associate, employee, employer or relative of the

Applicant;

(b) another Applicant or Candidate for accreditation in the same area of

practice in the same year as the Applicant;

(c) a current member of the Council, Board or a current member of the

Committee in the relevant area of practice; and/or

(d) a current staff member of the Queensland Law Society.

4.6.6 Each application must include an authority from the Applicant, directed to the

Committee, to enable the Board to make all due inquiries of:

(a) referees provided with the application for specialisation; and

(b) Professional Standards & Audit, Queensland Law Society, Queensland

Police Service, Legal Services Commissioner and Admission Board or

equivalent body in relation to any findings of misconduct or

unsatisfactory conduct concerning the Applicant.

Such authority shall be drawn in the form, prescribed from time to time by the

Board, so as to encompass proper inquiries to be made pursuant to Rule 4.

4.6.7 It is a condition of application that Applicants unconditionally agree that in the

event they are accredited as a specialist, they will immediately report to the

Secretary to the Board:

(a) all findings of misconduct or unsatisfactory professional conduct made

against them in accordance with Sections 418 & 419 of the Legal

Profession Act 2007 (Qld); and


(b) any Conviction against an Act, or against a law of the Commonwealth

or another jurisdiction made against them involving a Serious Offence.

4.7 Assessment of Candidates

4.7.1 A Candidate for accreditation must pass an assessment program as

approved by the Board from time to time.

4.7.2 From time to time, advice shall be published in each area of specialty of the

curriculum to be examined, the method of assessment, and the assessment

timetable for each area of specialty.

4.7.3 The assessment timetable, published from time to time, shall include a

prescribed date on which applications for candidature must be received and

dates on which each assessment or part of the assessment must be

completed.

4.7.4 A Candidate may make application for special consideration pertaining to any

part of the assessment tasks. The application must be lodged by the

Candidate seeking special consideration on the form provided no later than

two clear business days after the relevant assessment date or such later time

as the Committee thinks fit.

4.7.5 The Committee in each area of specialty must satisfy itself that the work

submitted by a Candidate for assessment meets the required standard to

justify a recommendation for accreditation as a specialist within that area.

The Committee shall make a recommendation to the Board as to the

performance of each Candidate against that standard and any application for

special consideration properly lodged by the Candidate.


4.7.6 Before making a recommendation that a Candidate not be accredited, each

Committee shall ensure that the Candidate’s work submitted for assessment

is re-assessed by a second examiner.

4.7.7 In exceptional cases, the Committee may require a Candidate to take further

assessment before a decision is made as to the Committee's

recommendation.

4.7.8 The Committee shall determine the list of Candidates to be accredited in

each area of specialty and shall notify each Candidate of its determination to

grant or deny accreditation.


PART 5 MAINTAINING ACCREDITATION

5.1 Qualifications to Maintain Accreditation

An Accredited Specialist must at all times maintain the qualifications necessary to gain

accreditation.

5.2 Annual Fee

An Accredited Specialist must pay the annual fee set from time to time by the Board to

maintain accreditation, such payment to be made within the prescribed time set by the

Board in each year.

5.3 Deemed to be Bound by the Rules

An Accredited Specialist is deemed to be bound at all times by the Rules as they

appear from time to time.

5.4 Substantial Involvement in Practice Areas

An Accredited Specialist must maintain substantial involvement in the area of practice

in which accreditation is held subject to any leave from the program accorded to the

Candidate by a determination by the Board. Substantial involvement is described in

Rule 4.3.2.

5.5 Continuing Professional Development

5.5.1 An Accredited Specialist must complete a minimum of 15 hours (15 CPD

units) per year to maintain their accreditation where:

(a) a minimum of 10 CPD units must be at an advanced/specialist level in

the specialist’s area of accreditation; and


(b) a minimum of 5 CPD units, in which 3 of these must be in the

compulsory core areas of Practical Legal Ethics, Practice Management

and Business Skills, and Professional Skills.

5.5.2 In their first year of accreditation, an Accredited Specialist must complete a

minimum of 10 hours (10 CPD units) where:

(a) at least 3 CPD units must be at an advanced/specialist level in the

specialist’s area of accreditation; and

(b) at least 3 CPD units must be in the compulsory core areas of Practical

Legal Ethics, Practice Management and Business Skills, and

Professional Skills.

5.5.3 Undertaking the assessment program affords an Accredited Specialist 10

CPD units for their first CPD year as a Accredited Specialist, where:

(a) 8 of these units can be used as units of an advanced/specialist level in

the specialist’s area of accreditation;

(b) 1 unit can be used for the compulsory core area of Practical Legal

Ethics; and

(c) 1 unit can be used for the compulsory core area of Professional Skills.

Only 1 additional point in the core area of Practice Management and

Business Skills is required to satisfy their CPD requirements in the first year

of accreditation.

5.5.4 Each Accredited Specialist must demonstrate to the Committee, as and when

required, active participation in Continuing Professional Development (CPD).


5.5.5 Active participation is defined as participation which is sufficient to

demonstrate a commitment to the continuing development of expertise in

legal practice and the maintenance of a special level of competence in the

area of practice in which accreditation is held. Accredited Specialists are

required to adhere to the guidelines pertaining to CPD reports as they are

published by the Committee from time to time.

5.5.6 In the first three years after obtaining accreditation, each Accredited

Specialist must submit a report to the Committee by the prescribed date and

in the prescribed form, setting out the CPD activities relied upon by the

Accredited Specialist to maintain accreditation.

5.5.7 Specialists accredited for more than three years are required to submit a

CPD report as and when directed by the Committee. Where a report is not

required, Accredited Specialists must make an annual declaration that they

have complied with the requirements of the Rules regarding CPD.

5.5.8 The Committee may conduct an annual audit of a proportion of Accredited

Specialists to verify compliance with the requirements of maintaining CPD.

5.5.9 The Committee will consider evidence of the level of participation in CPD and

its quality as provided by the Accredited Specialist. Where appropriate, they

will make recommendations to the Board as to the availability, standards and

relevance of CPD programs in each area of specialty.

5.6 Notification of Change of Circumstances

An Accredited Specialist who becomes unable to satisfy the conditions for maintaining

accreditation is obliged to notify the Secretary to the Board in writing of such change in

circumstances at the earliest practical date.


5.7 Leave of Absence

5.7.1 An Accredited Specialist, who is unable to satisfy the conditions for

maintaining accreditation due to a change in circumstance involving their

level of involvement in their area of accreditation, may apply in writing to the

relevant Committee for a leave of absence of up to two consecutive years.

5.7.2 Except where an area of specialisation is part of a national specialist

accreditation program recognised by the Board, Accredited Specialists who

undertake practice wholly outside the State of Queensland must seek leave

of absence if their absence extends beyond three months.

5.7.3 The relevant Committee may not grant any further leave of absence beyond

two consecutive years.

5.7.4 The relevant Committee may grant a leave of absence subject to such

conditions as the Committee may determine including the payment of an

administration fee.

5.7.5 Except in exceptional circumstances including serious illness, Accredited

Specialists are required to make reasonable effort to actively participate in

continuing professional development activities during their leave of absence.

5.8 Re-accreditation

5.8.1 Re-accreditation must be obtained annually. In order to qualify for re-

accreditation, an Accredited Specialist must continue to hold a current

practising certificate or be otherwise exempt from doing so, must satisfy the

minimum requirements for maintaining accreditation and is deemed to be

bound by the Rules as they appear from time to time.


5.8.2 The Committee may require Accredited Specialists in a particular area of

practice to undertake further assessment before re-accreditation if the

Committee considers that changes to that area of practice make further

assessment necessary.

5.8.3 An Accredited Specialist seeking re-accreditation must provide:

(a) a declaration that she or he continues to satisfy the conditions of

maintaining accreditation, and

(b) if requested, the names and particulars of three referees who will attest

to the Accredited Specialist’s competence and involvement in the

relevant area of practice, conduct and good character. The

requirements pertaining to referees are contained in Rule 4.6.

5.8.4 Each Applicant for re-accreditation may be requested to provide an authority

directed to the Committee to enable the Committee to make all due inquiries

of:

(a) referees provided with the application for re-accreditation; and

(b) Professional Standards & Audit, Queensland Law Society, Queensland

Police Service, or equivalent body in relation to any findings of

misconduct or unsatisfactory conduct concerning the Applicant.

Such authority shall be drawn in the form prescribed from time to time by the

Board so as to encompass proper inquiries to be made pursuant to Part 5 of

these Rules.


5.8.5 It is a condition of application that Applicants unconditionally agree that in

the event they are re-accredited as an Accredited Specialist, they will

immediately report to the Secretary to the Board:

(a) all findings of misconduct or unsatisfactory professional conduct made

against them in accordance with Sections 418 & 419 of the Legal

Profession Act 2007 (Qld), and

(b) any Conviction against an Act, or against a law of the Commonwealth

or another jurisdiction made against them involving a Serious Offence.

5.9 Certificate of Accreditation

5.9.1 A Certificate of Accreditation shall be provided to each Candidate who

satisfies the conditions for accreditation and a replacement certificate

provided to each Accredited Specialist who satisfies the conditions for re-

accreditation.

5.9.2 The Certificate of Accreditation remains the property of the Queensland Law

Society and must be returned to the Queensland Law Society in the event

that accreditation is suspended or revoked, or if the accreditation is

surrendered or expires.

5.10 Accredited Specialists who sign the Bar Roll

An Accredited Specialist who signs the Bar Roll may retain their accreditation provided

they:

(a) are an associate member of the Queensland Law Society or an

equivalent state or territory body in Australia;

(b) hold a current barristers practising certificate from the Bar Association

of Queensland;


(c) comply with Rules 5.2, 5.3 and 5.4;

(d) submit a report to the Secretary of the Board to demonstrate that they

have completed a minimum of 10 hours (10 CPD units) per year, where

these units must be at an advanced/specialist level in the specialist’s

area of accreditation; and

(e) supply the Secretary of the Board with a letter from the Queensland Bar

Association verifying that their professional conduct has been

satisfactory.

Rule 5.1 (d) and (e) must occur annually on request from the Board.


PART 6 GENERAL PROVISIONS

6.1 Qualifications to Maintain Accreditation

Specialist accreditation is an attainment of an individual Legal Practitioner and does not

pertain to his or her firm.

6.2 Limit on number of areas of practice in which accreditation can be held

6.2.1 The number of areas of practice in which a Legal Practitioner may hold

accreditation is limited by the requirement to demonstrate substantial

involvement in an area of practice.

6.2.2 A Legal Practitioner who seeks accreditation in more than two areas of

practice must obtain the permission of the Board before undertaking any

further assessment.

6.3 Referrals

An Accredited Specialist receiving a referral of a matter from another Legal Practitioner

is required to do all in his or her power to ensure that the referred client returns to the

referring Legal Practitioner for all other legal work. An Accredited Specialist is also

required to notify the client of this obligation in writing at the earliest opportunity.

6.4 Advertising

6.4.1 Accredited Specialists are entitled to advertise their accreditation.

6.4.2 The Queensland Law Society has published and will publish from time to

time ‘Queensland Law Society Marketing Guidelines’ regarding the use of

the specialist accreditation logo and post nominals, and advertising by


Accredited Specialists generally. These are available under the Specialist

Accreditation section of the Queensland Law Society website.

6.4.3 Accredited Specialists must comply with the Queensland Law Society

Marketing Guidelines.

6.5 Secretary to the Board

6.5.1 The Scheme shall be administered by the Board through the services of its

Secretary who shall be appointed by the Board. The Secretary will also

provide administrative services to the Advisory Committees. The Secretary,

and such support staff as are required, shall be employees of the

Queensland Law Society.

6.5.2 The duties of the Secretary are the:

(a) administration of procedures established by the Board under the

Scheme;

(b) administration of examinations and other forms of assessment;

(c) investigation of Applicants’ references; and

(d) performance of such duties as are delegated to the Secretary by the

Board or the Advisory Committees.


PART 7 APPEALS

7.1 Appeals

This Part is currently under review and candidates will be advised of the new Rules

once these have been finalised.

Please note: candidates should not rely on the rules relating to appeals contained in

previous versions of this document.


QUEENSLAND LAW SOCIETY SPECIALIST ACCREDITATION TEAM

Kristy Roodveldt

Manager – Specialist Accreditation

Secretary to the Specialist Accreditation Board

P 07 3842 5926

F 07 3221 2279

E [email protected]

Gemma Bowers

Program Administrator – Specialist Accreditation

P 07 3842 5929

F 07 3221 2279

E [email protected]

Specialist Accreditation - Queensland Law Society...areas. The Queensland Law Society requires such...

Documents

Transcript of Specialist Accreditation - Queensland Law Society...areas. The Queensland Law Society requires such...