Terms and Conditions
Date of effect: 1 August 2016
1. Agreement to terms and conditions
1.1 The online Admission Portal is available to you on the terms and conditions set out below. By accessing and using the Admission Portal, you agree to be bound by and to comply with these terms and conditions. If you do not accept any of these terms and conditions, you should close this web page.
1.2 You may use the Admission Portal to submit an online application form for admission as a lawyer in New South Wales (NSW). To use the Admission Portal you must sign up (register) as a user.
2.1 You agree to submit any online admission application in a lawful, ethical and responsible manner and to follow any instructions, guides or information issued by the Legal Profession Admission Board of NSW (LPAB).
2.2 You must not use the Admission Portal or any online admission application:
(a) to interfere, disrupt or violate the rights or privacy of other Users;
(b) for any illegal or unlawful purpose.
2.3 You must not:
(a) attempt to access, download or exploit any materials or resources on the Admission Portal that you are not authorised to access or encourage inappropriate levels of access or exploitation by others;
(b) interfere with, disrupt, tamper, or create an undue burden on the Admission Portal or on any online admission application;
(c) use any robot, spider or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Admission Portal; and/or
(d) use the Admission Portal or any online admission application with the assistance of any automated scripting tool or software.
3. Written consent to admission checks
3.1 The admission application process will seek your consent to a number of checks, specifically:
(a) a National Police History Check in Australia
(b) verification of the details on your identity documents
(c) a check of your student conduct regarding your academic qualification in law and/or your practical legal training (PLT)
3.2 Your online admission application cannot be processed without your written consent to these admission checks.
4. National Police History Check
4.1 A National Police History Check is a compulsory requirement for an admission application. With your signed consent, the LPAB will arrange this check on your behalf via the Australian Criminal Intelligence Commission (ACIC) in cooperation with all state and territory police services.
4.2 To enable a National Police History Check, the LPAB will send the following details about you to ACIC:
- your surname and given name(s)
- all names under which you are or have been known
- your date and place of birth
- your sex (as shown on your identity documents)
- your residential address(es) for the past five (5) years
- if available, your driver’s licence details and/or firearms licence details
- that the purpose of the National Police History Check is for admission to the Australian legal profession as an Australia lawyer.
4.3 ACIC will use this information to undertake a check of your National Police History within Australia. This information may also be used by police, law enforcement and national security agencies for general law enforcement purposes.
4.4 After the LPAB receives the response from ACIC, we will notify you by email of the result of your National Police History Check. If, after receiving the result, you wish to dispute the accuracy of the information in your National Police History Check, please contact the LPAB in the first instance.
4.5 The LPAB is required by law to consider the results of your National Police History Check, before determining whether or not you are a fit and proper person to be admitted to the Australian legal profession.
5. Verification of identity details
5.1 Verification of identity details is necessary for the purpose of admission checks, including the National Police History Check.
5.2 If you have identity documents which were issued by a government agency in Australia, you will have the option of verifying your identity as part of the online admission application form. The online identity verification process is conducted in real-time, and involves matching of the identity information you have entered in the form with data held on the databases of government agencies which participate in the Document Verification Service (DVS). This includes databases for Australian passports, Australian driver licences, Australian citizenship certificates, Australian visas, ImmiCards, and Medicare cards.
5.3 The online admission application form will seek your online consent, before commencing the online identity verification process.
5.4 If you choose not to use the online identity verification process, you will be required to lodge original or certified copies of identity documentation with the LPAB, and you may also be required to attend the LPAB office in person, to complete the identity verification process.
6. Student conduct reports
6.1 The online admission application form will ask if you have ever been the subject of any disciplinary action by the tertiary institution(s) at which you obtained your academic qualification in law that you rely on for admission or by any practical legal training provider which you attended, in relation to your student conduct.
6.2 The LPAB carries out random audits in relation to student conduct for both academic and PLT courses. The admission application process will seek your signed consent for the LPAB to contact any of your academic or PLT providers.
7. Privacy and disclosure of personal information
7.2 The LPAB may communicate with and obtain relevant information from Australian or foreign authorities or courts in connection with the consideration of your admission application [pursuant to section 437 of the Legal Profession Uniform Law (NSW)] and may obtain further information from an institution which provided your academic qualification or practical legal training [pursuant to rule 22(1)(c) of the Legal Profession Uniform Admission Rules 2015.
7.3 The LPAB is authorised by law to disclose information about you which we obtained in the process of assessing your application for admission (including the results of your National Police History Check) to the following relevant organisations within Australia:
- admitting authorities in other Australian states and territories
- organisations which regulate the legal profession, including in NSW as well as in other Australian states and territories and the Commonwealth, for example:
- the Law Society of NSW
- the NSW Bar Association
- the NSW Legal Services Commissioner.
7.4 The LPAB may disclose information about you to a relevant organisation in Australia under the following circumstances (without limitation):
- if you apply for admission in another Australian state or territory
- if you apply for a practising certificate
- if a complaint is made about you to an organisation which regulates the legal profession.
7.5 The LPAB will not disclose the results of your National Police History Check to any person or organisation outside Australia, without obtaining your prior consent to that disclosure.
8. Service availability
The LPAB will endeavour to have this system available 24 hours a day 7 days a week. However, it is not possible for the LPAB to ensure that the system is available at all times or at any specific times or will be able to operate at all times error-free.