All practitioners admitted in South Australia are subject to the requirement that they complete at least 2 years of full-time (or PT equivalent) of supervised practice before being entitled to practise without supervision.
The requirements for supervised practice are provided for by the 2018 Rules of the Legal Practitioners Education and Admission Council (2018 LPEAC Rules) which are published by the Courts Administration Authority here.
Requirements for supervised practice
Please click here to download the LPEAC Requirements for Supervised Practice.
Authorisation of compliant remote supervision arrangements
From 7 March 2023 changes to Rule 5 of the 2018 LPEAC Rules will be implemented. The insertion of a new Rule 5(2) provides clarification of when prior consent from the Board is required for supervised practice arrangements involving remote supervision.
A supervision arrangement involving elements of remote supervision which falls within the ambit of LPEAC Rule 5(2) must be approved by the Board of Examiners prior to commencement. The Remote Supervision Application Form template is contained in Annexure 1 of the LPEAC Requirements for Supervised Practice (click here to access).
Please email your completed form to the Society at email@example.com. Your application will be placed before the Board of Examiners at the next available meeting. Please click here to see when the Board meets, noting the application cut-off dates to apply.
Enforced remote supervision due to COVID-19 Restrictions
Please click here to access LPEAC’s requirements for the remote supervision of practitioners caused by enforced Covid-19 work attendance restrictions.
Please click here to download a suggested Remote Supervision Diary Template.
Applying to have the Supervised Practice Requirement lifted
Practitioners applying for the lifting of supervised practice restrictions are required to file with the Society a properly executed statutory declaration by email to firstname.lastname@example.org.
You will need to complete and submit a BOE Form 1 if you have not completed any periods of supervised practice as a judge’s associate.
You will need to complete and submit a BOE Form 2 if you have completed periods of supervised practice as a judge’s associate.
You must annex the following documents to your statutory declaration:
- Employer/Supervisor Letter in relation to all employment as a legal practitioner while holding a restricted practising certificate.
- Part-time Supervision Calculator (see below for information) if you have had periods of part-time employment in supervised practice.
- COVID-19 Remote Supervision Diary if you have had periods of enforced remote supervision due to COVID.
- Remote Supervision Application Form if you have approval from the Board of Examiners for remote supervision arrangements pursuant to LPEAC Rule 5(2) and clause 4 and Annexure A of the LPEAC Requirements for Supervised Practice.
- If you have approval from the Board of Examiners for a non-compliant supervision arrangement (other than for remote supervision arrangements falling within LPEAC Rule 5(2) and clause 4 and Annexure A of the LPEAC Requirements for Supervised Practice) please include your original application and the letter issued from the Board approving the arrangement. Please see below for more information.
Category D PC holders (Volunteers)
Rule 11(a) of the 2018 LPEAC Rules provides that the work as a volunteer practitioner does not exceed more than 3 months (in total) (full-time equivalent) towards the 2 years of supervised practice. Unless the Board of Examiners exercises its discretion pursuant to Rule 11(2)(b) to extend the period as a volunteer practitioner to a maximum of 6 months.
Practitioners subject to the supervised practice restriction who have had periods of part-time employment as a legal practitioner are required to provide a completed Part-Time Supervision Calculator in their application to have the supervision restrictions lifted.
Please note that any full time periods of supervised practice must be calculated on the basis of 38 hours per week (7.6 hours per day).
Statutory sick/carer's/annual leave periods can be included in the total calculation. Any other form of leave such as parental, Defence Force, long service leave or other leave of absence, cannot be included.
Authorisation of Non-Compliant Supervision Arrangements
If you are contemplating engaging in a supervision arrangement which does not comply with the relevant provisions of the 2018 LPEAC Rules, you and your employer/supervisor must apply to the Board of Examiners for authorisation of the arrangement prior to its commencement.
The application can be in the form of a letter to the Board from you which sets out all the details of the proposed arrangement and which annexes written confirmation from your employer/supervisor that the version of the arrangement you have provided is correct.
The more details you can provide about the non-compliant components of the arrangement, and the reason why they are considered necessary and there are no other viable options, the better.
Non-compliant supervision arrangements that do not include periods of “in person” supervision are unlikely to be approved.
Applicants must have regard to and reference the LPEAC Requirements for Supervised Practice in their application.