Response to the practising certificate fees regulatory impact statement

Response to the practising certificate fees regulatory impact statement

Wednesday, 6 December 2017

We are now in the final stages of giving feedback to the Victorian Legal Services Board and Commissioner’s (LSBC) practicing certificate fees review. We have submitted our response to the Regulatory Impact Statement (RIS). 

Response so far from the LSBC – fee increases much lower than those previously proposed

We are pleased that the LSBC have responded to practitioner concerns (expressed in particular by Victoria Legal Aid and the LIV). We believed previous proposals were too onerous for private practitioners. The current recommended proposal contains the lowest increase in fees proposed so far, while maintaining the level of funding going into the Public Purposes Fund for community legal services and education. While VLA supports the LSBC’s recommendation, this is subject to two further recommendations:

  • in recognition of the lower regulatory burden on the LSBC, it should consider offering a reduced fee to private practitioners carrying out legally aided work (in line with in-house VLA practitioners)

  • if this is not accepted, then the LSBC should closely monitor the impact of increased fees upon these practitioners, to ensure that there is no adverse impact on their ability to perform legally aided work. (We propose to assist with this second point by sharing data and undertaking surveys)

The LSBC wants to implement the new fee structure by 28 February 2018, when the current arrangements will expire. They are proposing to make the new regulations as soon as possible, to allow time for changes to the online practising certificate portal.

More information

Read Our regulatory impact statement response (pdf, 389.73 KB).

Read about the Review of Lawyers’ Practising Certificate Fees.

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