LEGAL PRACTITIONERS ADMISSIONS BOARD

LegarPractitionersJlC£missions CBoard

LEGAL PRACTITIONERS ADMISSIONS BOARD

ANNUAL REPORT

2010/2011

LAW SOCIETY HOUSELevel 5, 179 Ann StreetBRISBANE QLD 4000

GPO Box 1785BRISBANE QLD 4001

Telephone: [61] 07 38425985Facsimile: [61] 07 3221 7193Email: [email protected] [email protected]

Public Availability of Annual Report

The Legal Practitioners Admissions Board's Annual Report 2010/2011 is available to the public from Level 2, Law Society House, 179 AnnStreet, Brisbane or by contacting Ms Melissa Timmins, Secretary to the Board at:

By telephone:By facsimile:By email:By post:

(07) 3842 5986(07) 3221 [email protected] OR [email protected] Box 1785BRISBANE QLD 4001

As part of the Board's commitment to providing accessible services to Queenslanders from all culturally and linguistically diversebackgrounds, you can contact Melissa Timmins, Secretary to the Board, on (07) 3842 5986 should you require an interpreter to effectivelycommunicate the report to you.

16 September 2011

The Honourable Mr Paul Lucas MPDeputy Premier and Attorney-General,Minister for Local Government and Special Minister of StateGPO Box 149BRISBANE Q 4001

Dear Attorney

Re: Legal Practitioners Admissions Board Annual Report - 2010/2011

I am pleased to present the Annual Report 2010-2011 for the Legal Practitioners Admissions Board.

I certify that this Annual Report complies with:

• the prescribed requirements of the Financial Accountability Act 2009 (Qld) and the Financial andPerformance Management Standard 2009;

the detailed requirements set out in the Annual Report Requirements for Queensland GovernmentAgencies.

Achecklist outlining the annual reporting requirements can be located at Appendix 3 at the end of this annual report.

I trust this is of assistance.

Yours sincerely

GREG MORONEYChair

Enel

Table of Contents

Availability of Annual Report

Letter of Compliance

1.0 Introduction1.1 Main Role and Functions1.2 Stakeholders1.3 Board's Vision1.4 Board's Values1.5 Board Members1.6 Organisational Structure

2.0 Annual Report

ii

1222223

3

2.1 Board Meetings2.1.1 Brisbane 32.1.2 Flying Minutes 4

2.2 Eligibility Issues2.2.1 Academic Courses 42.2.2 Practical Legal Training Courses 42.2.3 . Supervised Traineeship Scheme 52.2.4 Status ofArticled Clerks and Judge's Associates 5

2.3 Suitability Issues2.3.1 Early Consideration of Suitability Applications 5

2.4 Overseas Graduates and Legal Practitioners - New Initiative2.4.1 Applications for Assessment ofAcademic Qualifications 52.4.2 Applications for Assessment ofPractical Legal Training and Experience in Practice 62.4.3 Skilled Migration Certificates 6

3.0 Consultation

4.0 Financial Performance

5.0 External Scrutiny, Risk Management, and Operating Environment5.1 External Scrutiny5.2 Audit Committee and Risk Management Committee5.3 Review of Operations and Proposed Forward Operations

6.0 Compliance Requirements6.1 Public Sector Ethics Act 19946.2 Whistleblower's Protection Act 1994 and Public Interest Disclosure Act 20106.3 Carers (Recognition) Act 20086.4 Public Records Act 2002

7.0 Requirements of Annual Reporting under Financial AccountabilityAct 2009

iii

7

7

888

89910

10

8.0 Glossary8.1 Organisations8.2 Legislation

9.0 Appendices9.1 Audited 201012011 Financial Accounts9.2 Statistical Data 2010120119.3 Checklist ofAnnual Reporting Requirements

10.0 List of Figures and Tables

1111

121212

Figure 1

Table 1Table 2

Organisational Structure

Applications for Assessment of Overseas Academic QualificationsApplications for Assessment of Practical Legal Training and Experiencein Practice

iv

p.3

p.5

p.6

1.0 Introduction

1.1 Main Role and Functions

The Legal Practitioners Admissions Board ("the Board"), established on 1July 2004, is a statutory body pursuant toPart 7.5 of the Legal Profession Act 2007 (Qld) ("the Act"). The Board's role is primarily to assist the Supreme Courtby making a recommendation about each application for admission as aLawyer in Queensland. In doing so, theBoard considers whether an application is made under the Supreme Court (Admission) Rules 2004 ("the Rules"),whether an applicant is eligible and suitable for admission, and whether there are other matters the Supreme Courtmay consider relevant to the application.

The Board is constituted by eight (voluntary) members nominated under section 660 of the Act by the HonourableChief Justice of Queensland, the Honourable Attorney-General of Queensland, the Queensland Law Society, and theQueensland Bar Association. All members, except the Attorney-General's nominee and the Brisbane Registrar, areappointed by the Chief Justice for a period of one year.

Under section 661 of the Act, the Board has all powers necessary or convenient to perform its functions under theAct and the Rules. The Board is subject to various statutory requirements and for those purposes the Board is:

(1 )

(2)

(vi)

a 'statutory body' for the purposes of the Financial Accountability Act 2009 (Qld) ("FAA") and theFinancial and Performance Management Standard 2009 (Qld) ("FPMS");a 'public authority' for the purposes of:(i) Right to Information Act 2009 (Qld) ("RTI");(ii) Information Privacy Act 2009 (Qld) (Chapter 3) ("IPA");(iii) Public Records Act 2002 (Qld) ("PRA");(iv) Information Standard 40: Recordkeeping ("IS40"'); and(v) Information Standard 31: Retention and Disposal of Public Records ("IS31");a 'public sector entity' for the purposes of Whistleblower's Protection Act 1994 ("WPA"), Public SectorEthics Act 1994 (Qld) ("PSEA") and the Public Interest Disclosure Act 2010 (Qld) ("PIDAU

).

In addition to its statutory responsibilities, the Board's functions and responsibilities include:

considering the eligibility and suitability of applicants seeking admission as aLawyer in Queensland;ensuring all applications to become a Lawyer in Queensland are made in accordance with the Rules;making a recommendation to the Supreme Court in relation to each application for admission as a Lawyer;considering and making declarations as to an applicant's suitability for admission in terms of applicationsfor early consideration of suitability;approving, in conjunction with the Chief Justice of Queensland, academic courses and practical legaltraining courses as 'approved academic qualifications' and 'approved practical legal training' respectively;assessing academic and practical legal training and experience in practice of overseas law graduates andoverseas legal practitioners in accordance with the'Uniform Principles for Assessing Qualifications ofOverseas Applicants for Admission to the Australian Legal Profession' (lithe Uniform Principles") andapproving those assessments;overseeing the supervised traineeship scheme as 'approved practical legal requirements' for admission asaLawyer in Queensland in accordance with the Rules;providing information, services, and support to applicants seeking to complete the requirements and applyfor admission as a Lawyer in Queensland.

The Board's offices are located at Law Society House, 179 Ann Street, Brisbane, Queensland. The Board'sadministrative support, including secretariat support, is provided by the Queensland Law Society ("the QLS") in

accordance with aservice level agreement between the Board and QlS. There is also afinancial delegationsmanual and confidentiality agreement in place between the QlS and the Board.

The Board takes an active role in ensuring the continued training of secretariat staff by supporting attendance at theAdministrators of Australian law Admitting Authorities ("the MlM") Conference each year. The conference in the2010/2011 year was held in Melbourne, Victoria, on 25 August 2010 and was attended by the Board's Secretary.

1.2 Stakeholders

The Board has a range of stakeholders including:

the Queensland judiciary;the Queensland Government and other Government agencies;the Queensland and Australian legal profession;Queensland and Australian legal profession regulatory bodies;legal educators and training providers; andthe public.

1.3 Our Vision

The Board aims to support the judiciary, the legal profession, and the public interest by ensuring the integrity of thoseentering the legal profession, and safeguarding the educational and practical legal training standards of the legalprofession.

1.4 Our Values

iii Integrityiii Accountabilityiii RespectIII Maintaining standardsIII Supporting the legal profession

1.5 Board Members

Current Board Members

III Mr Greg Moroney (Chair)iii Mr James Bell QC (Deputy Chair)iii Mr Liam Kelly SC (Queensland Bar Association nominee)III Ms Joan Bennett (Queensland law Society nominee)III Mr Noel JensenIII Ms Jennifer RosengrenIII Ms Imelda Bradley, Attorney-General's representativeIII Mr Michael Webb, Brisbane Supreme Court Registrar (appointed 9 December 2009)

Board's Secretary: Melissa Timmins

2

1.6 Organisational Structure

Figure 1:

2.0 Annual Report

Legal Practitioners Admissions Board Organisational Structure

The annual report provides a brief overview of the work performed by the Board during the 2010/2011 financial year.It includes information relating to various matters within the jurisdiction of the Board and tabulated statistical data(Appendix 2) detailing the number of applications for admission considered throughout the year.

It also includes details of the Board's 2010/2011 financial statements which have been audited by the AuditorGeneral of Queensland.

2.1 Board Meetings

2.1.1 Brisbane

There were eight admission ceremonies in Brisbane and eight corresponding Board meetings throughout the2010/2011 financial year. During the course of its meetings, the Board considered approximately 658 applicationsfor admission which were heard in Brisbane, and some 15 applications which were heard regionally in Cairns,Townsville or Rockhampton.

Submissions from the Board were required in 26 matters, mainly involving applications in which there were issuesrelating to applicants' compliance with the Rules and/or regarding applicants' suitability for admission.

3

During its meetings, the Board also considered the following applications:

• 3domestic Mutual Recognition applications;• 9Trans-Tasman Mutual Recognition applications;• 5applications for early consideration of suitability;• 16 requests for approval of assessments by Queensland universities of overseas academic

qualifications;• 80 requests for assessments by the Board of overseas academic qualifications;• 12 requests for assessment by the Board of overseas practical legal training requirements;• 47 applications to register under the supervised traineeship scheme;• 2applications to cancel registration as asupervised trainee; and• 2 requests for astatement of results obtained in the former Solicitors and Barristers Board

examinations.

2.1.2 Flying minutes

Over the 12 month period, the Board considered a total of 46 flying minutes mainly involving:

• applications for admission in regional centres (40 applications);• applications for admission under the domestic mutual recognition legislation (9 applications);• applications for admission under Trans-Tasman Mutual Recognition legislation (17 applications); and• matters relating to statutory governance and material submitted by applicants for admission in Brisbane.

2.2 Eligibility Issues

2.2.1 Academic Courses

During the reporting period, the Board in conjunction with the Chief Justice of Queensland approved:

• in October 2010, reintroduction of the Bachelor of Laws (Graduate Entry) program to be offered by theUniversity of Queensland ("UQ"). The program was reintroduced by UQ with effect from semester 1,2011; and

• in December 2010, the Bachelor of Laws program to be offered by the Central Queensland Universityas 'approved academic qualifications' for admission to the legal profession in Queensland. Thisprogram was introduced commencing from Semester 1, 2011 and is currentlY being offered as onlinedistance education to prospective students Australia-wide. In the near future, the course will be offeredas acombined degree with other disciplines. As part of the approval process, the Board consideredother online law courses offered within Australia and the opinion of various interstate admittingauthorities in relation to the provision on online academic law courses.

2.2.2 Practical Legal Training Courses

In September 2010, in conjunction with the Chief Justice, the Board resolved to approve an alternative to the 15week work experience component of the College of Law (Queensland)'s practical legal training course. The purposeof the alternative work experience, known as the 'Clinical Experience Module', is to allow increased numbers of lawgraduates who are experiencing difficulties obtaining placements within law firms the opportunity to enroll in andcomplete the PLT course by undertaking 5weeks of work experience combined with 5weeks of full-time practicalcoursework reflecting the objectives of work experience.

4

In April 2011, the Board acceded to amendments to the Griffith University practical legal training course. Theseamendments relate to the timetabling of the course and do not impact on the course content and/or assessmentrequirements and result in the course being offered over ashorter timeframe as the program, previously offered overa32 week period (4 blocks of 8weeks), can now be offered over 16 weeks (2 blocks of 8weeks).

2.2.3 Supervised Traineeship Scheme

In July 2010, after the provision of extensive material and significant consideration, the Board, in conjunction with theChief Justice, resolved to approve the Leo Cussen Institute's (Victoria) Supervised Traineeship program for thepurposes of 'approved programmed training' under Rule 90 and 'approved supplementary training' under Rule 9P onthe basis of compliance with Attachment 2 to the Rules.

2.2.4 Status ofArticles of Clerkship and Judge's Associateship

Transitional provisions relating to articled clerks and Judge's Associates continued throughout 2010/2011 to allowthose still serving in either capacity to complete their service prior to applying for admission. In 2010/2011, 5applicants applied for admission on the basis of completing articles of clerkship. There are currently 5 remainingarticled clerks.

2.3 Suitability Issues

2.3.1 Early Consideration ofSuitability

During 2010/2011, the Board received 4 applications for early consideration of suitability. In accordance with theprovisions of the Act, the Board made declarations as to the suitability for admission of 3of the applicants whosubmitted applications, 1of whom will subsequently be required to draw their suitability matters to the attention of theCourt at the time of applying for admission.

2.4 Overseas Graduates and Legal Practitioners - New Initiative

In July 2010, the Board established the Overseas Qualification Assessment Committee. To that end, the Boardengaged an external legal practitioner and an external lawyer to conduct the assessment of overseas legalqualifications, and the practical legal training and experience in practice obtained by overseas legal practitioners.The Board also appointed Ms Imelda Bradley, a Board member, to independently assess where requiredassessments completed by the Board's assessors in which aconflict arises.

During the 2010/2011 financial year, the Board received 110 applications for assessment of overseas academicqualifications and 17 applications for assessment of practical legal training and experience in practice obtained byoverseas legal practitioners.

A breakdown of the jurisdictions from which academic qualifications, and practical legal training and experience inpractice has been completed is as follows:

2.4.1 Table 1: Applications for Assessment of Overseas Academic Qualifications

Jwrisdlictia/11 Ntlrnl!ler af a~~licatia/11s

England and Wales 55South Africa 6India 6Ireland 6Brazil 3

5

Nigeria 3Pakistan 3Columbia 2France 2Iraq and Iran 2Russia 2Scotland 2USA 2Bangladesh 1Canada 1China 1Egypt 1Hong Kong 1Japan 1Korea 1New Zealand 1Romania 1Singapore 1Sri Lanka 1Sudan 1Turkey 1TOTAL 110

2.4.2 Table 2: Applications for Assessment of Practical Legal Training and Experience in Practice

"JUl0isclicti011 I'iJwmmel0 0f a~~licati0msEngland 7Malaysia 3Ireland 2India 1Korea 1Scotland 1South Africa 1Sri Lanka 1Turkey 1United States of America 1TOTAL 17

The external legal practitioner and external lawyer engaged by the Board are paid $40 each per assessment andreassessment. The Board member is not paid for independently assessing assessments in which aconflict arises.

In addition to performing the assessment of overseas academic qualifications, during the reporting period, the Boardalso approved 16 assessments by Queensland universities of legal qualifications attained by applicants who hadstudied in overseas jurisdictions.

2.4.3 Skilled Migration Certificates

In conjunction with the Department of Immigration and Citizenship, the Board continues to prepare skills assessmentcertificates where appropriate for those applying for skilled migration visas.

6

3.0 Consultation

During 2010/2011, the Board was consulted on anumber of issues under consideration by the Law AdmissionsConsultative Committee ("the LACC").

Throughout the reporting period, the Board participated in the preparation of amajor submission by the LACC to theStanding Committee of Attorneys-General ('SCAG') regarding the National Taskforce on Legal Profession Reform.

4.0 Financial Performance

The Board's 2010/2011 financial performance is as follows:

ITEM 2010/2011 BUDGET 2010/2011 ACTUAL 2010/2011 VARIANCE =INCOMEAdmission Revenue $412,775 $368,500 ($44,275)Mutual Recognition $13,300 $16,625 $3,325Other (Sundry) Income $8,226 $22,023 $13,797TOTAL $434,301 $407,148 ($27: 153)

EXPENDITUREEmployee expenses $259,048 $189,007 ($70,041 )Professional fees $80,000 $23,720 ($56,280)QLS -levy $18,542 $16,666 ($1,876)QLS - rent $13,200 $13,200 NilInsurance $5,000 $3,960 ($1,040)Audit fees $8,600 $8,651 $51Other expenses $34,350 $16,440 ($17,910)TOTAL $418,740 $271,644 ($147,096)

OPfRATlNG $15,561 $135,504 $119,943SURPLUS/(DfFle/T}

Table 3: 2010/2011 FmandalPerrormance

Acopy of the Board's audited financial accounts for 2010/2011 can be found at Appendix 1.

Throughout the reporting period, the Board's income for admission applications was slightly lower than expected dueto a reduction in the number of admission applications. The decrease in employee expenses was as a result ofresignation and recruitment of staff during the 2010/2011 financial year. The Board also incurred additionalexpenses as a result of engaging Counsel and solicitors to act in relation to acontested application.

The Board has operated within its budget and achieved reasonable value for money throughout the reporting periodreturning an operating surplus of $135,504 for the financial year. This surplus is retained against future expensesincluding investigation and litigation of opposed applications.

During the reporting period, the Board did not incur any expenses for overseas travel.

7

5.0 External Scrutiny, Risk Management, and Operating Environment

5.1 External Scrutiny

During the 2010/2011 financial year, aside from the financial statements, the Board has not been the subject ofexternal audit or review.

5.2 Audit Committee and Risk Management Committee

In September 2010, in accordance with the discretionary provisions of the Financial and Performance ManagementStandard 2009, the Board resolved not to establish an audit committee or risk management committee. In order toensure compliance with its statutory requirements, the Board intends finalising a risk management system for Boardapproval in the near future.

5.3 Review of Operations and Proposed Forward Operations

The Board's Strategic and Operational Plans for 2011 - 2014 encapsulate three main strategies towards which theBoard continues to work. These strategies which include:

Strong Queensland - Creating a diverse economy powered by bright ideasBoard's Objective One: Maintaining integrity within the admission process, and providing efficient and effectiveprocesses for dealing with admission applications based on sound economic principles

Smart Queensland - Delivering world class education and trainingBoard's Objective Two: Safeguarding standards and ensure adequacy of legal education and practical legaltraining within Queensland consistent with national legal education requirements

Fair Queensland - Supporting safe and caring communitiesBoard's Objective Three: Improving the Board functions, compliance, and effectiveness in accordance withgovernance and statutory obligations

In accordance with its obligations under RTI and IPA, during the reporting period, the Board has been in the processof preparing various information and documentation to comply with various statutory reforms arising as aresult ofcommencement of RTI and IPA on 1July 2009. The information and documentation which are in the process ofbeing prepared include the Board's Delegation and Authority, Collection Notices, Publication Scheme, and Statementof Commitment.

During the 2011/2012 financial year, the Board plans to commence a review of and upgrade to its Information kits toenhance and improve the information available to applicants, develop a policy and Code of Conduct required underthe provisions of the Public Interest Disclosure legislation, develop a Risk Management System, and finalisedevelopment and implementation of RTI and IPA legislative reforms.

6.0 Compliance Requirements

6.1 Public Sector Ethics Act 1994 ("PSEA")

The Board plans to develop aCode of Conduct during the first half of 2011/2012 taking into account the ethicalprinciples and values of integrity and impartiality, promoting the public good, commitment to the system ofgovernment, and accountability and transparency as outlined in the PSEA.

8

As members of the legal profession, Board members obtain education and training about ethics as part of theContinued Professional Development requirements of the Queensland Law Society and Bar Association.

The Board's administrative procedures and management practices are provided by the Queensland Law Society.

6.2 Whistleblower's Protection Act 1994 ("WPA") and Public Interest Disclosure Act 2010 ("PIDA")

During the period 1July 2010 to 31 December 2010, the Board was not subject to any public interest disclosuresunderWPA.

With the repeal of the WPA and introduction of the PIDA on 1January 2011, the way in which public interestdisclosures are to be reported has changed and agencies are no longer required to report public interestdisclosures in annual reports. Under section 61 of the PIDA, the Public Service Commission is now responsiblefor the oversight of public interest disclosures and preparing an annual report on the operation of the PIDA.From 1January 2011, agencies are required to report information about public interest disclosures to the PSCwho will prepare an annual report on the operations of the PIDA based on information provided by agencies.The annual report will be made publicly available after the end of each financial year.

6.3 Carers (Recognition) Act 2008 ("CRA")

The Board recognises the effort and dedication of carers in our community. Carers provide avital service to thosethey care for and, although the Board has not provided direct services to carers, it will ensure that, during thefollowing 12 months, members have an awareness and understanding of the Carers Charter (section 9(1)(a) andSchedule to the CRA).

In accordance with section 9(1)(b) of the CRA, where relevant, over the previous 12 months, the Board has:

(1) recognised the effort and dedication of carers within the community, and ensured carers were respectedand supported where possible;

(2) taken into account the views and needs of carers, and the views, needs, and best interests of the peoplecared for when making policy decisions;

(3) taken into consideration the effect on carers when services are assessed, reviewed, planned and/ordelivered, and included carers or representative bodies in the assessment, planning, delivery and reviewof services;

(4) ensured that the Board's complaints policy and procedures were able to be accessed by carers, and anycomplaints received were carefully considered and actioned appropriately;

(5) supported children and young people who were carers and ensured the services developed andprovided were aimed at minimising the responsibilities of these carers;

(6) provided responsive, affordable and accessible services (noting the additional difficulties confronted byremote and rurally based carers) to support carers in decision making.

Although the Board does not have staff, it will ensure the Queensland Law Society staff providing secretariat andadministrative support to it has an awareness and understanding of the Carers Charter. The Board supports theQueensland Law Society allowing flexible work arrangements such as flexible work hours, work from homearrangements, etc. to assist carers to meet commitments.

The Board is not directly involved in strategic policy or planning decisions which affect carers and does not directlyprovide services to carers or those they care for (section 9(2) of the CRA).

9

6.4 Public Records Act 2002 ("PRA")

For the present time, the Board complies with its obligations under the PRA, 1840, and IS31 by keeping, retainingand disposing of its records in accordance with the Queensland State Archive General Retention and DisposalSchedule for Administrative Records (QDAN 249.5). The Board intends developing its own recordkeeping strategyfor approval in the near future.

7.0 Requirements of Annual Reporting under the Financial Accountability Act 2009

This annual report has been prepared pursuant to section 63(1) of the Financial Accountability Act 2009 (Qld) andother prescribed requirements. The Board has complied with its requirements to provide the annual report inaccordance with its statutory requirements.

GREG MORONEYChair

16 September 2011

Encl

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8.0

8.1

AALAABoardLACCQLSSCAGUQ

8.2

ActCPAFAAFPMSIPAMRAPICAPRAPSEARTIRulesTTMRAWPA

Glossary

Organisations

Legislation

Administrators of Australian Law Admitting AuthoritiesLegal Practitioners Admissions BoardLaw Admissions Consultative CommitteeQueensland Law SocietyStanding Committee of Attorneys-GeneralUniversity of Queensland

Legal Profession Act 2007 (Qld)Carers (Recognition) Act 2008 (Qld)Financial Accountability Act 2009 (Qld)Financial and Performance Management Standard 2009 (Qld)Information Privacy Act 2009 (Qld)Mutual Recognition (Queensland) Act 1992Public Interest Disclosure Act 2010 (Qld)Public Records Act 2002 (Qld)Public Sector Ethics Act 1994 (Qld)Right to Information Act 2009 (Qld)Supreme Court (Admission) Rules 2004Trans-Tasman Mutual Recognition (Queensland) Act 2003Whistleblower'$ Protection Act 1994 (Qld)

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9.0 Appendices

9.1 Audited 2010/2011 Financial Accounts

9.2 Statistical Data 2010/2011

9.3 Compliance Checklist

12

, .

Legal Practitioners Admissions Board

Statement of Comprehensive IncomeFor The Year Ended 30 June 2011

Appendix 9.1

Revenue

Admission revenue

Other income

Total revenue

Expenses

Administration fee - Queensland Law Society

Other expenses

Total expenses

Operations surplus

Other comprehensive income, net of tax

Total comprehensive income

The accompanying notes form part of these statements.

- 1-

23

45

385,446

21,702

407,148

262,9938,651

271,644

135,504

135,504

404,040

3,504

407,544

235,190

8,720

243,910

163,634

163,634


Statement of Financial PositionAs At 30 June 2011

Current assetsCash and cash equivalentsReceivablesTotal current assets

Total assets

Current liabilitiesPayabiesTotal current liabilities

Total liabilities

Net assets

EquityRetained surplus

Total equity


-2-

8(a)6

7

502,8611,529

504,390

504,390

50,90350,903

50,903

453,481

453,487

453,487

392,52721

392,548

392,548

74,56514,565

14,565

317,983

317,983

317,983

"


Statement of Changes in EquityFor the Year Ended 30 June 2011

Balance at 1JulyOperations surplus for the period

Balance at 30 June


-3-

317,983135,504

453,487

154,349163,634

317,983


Statement of Cash FlowsFor The Year Ended 30 June 2011

Cash flows from operating activitiesContributions by practitioners and other receiptsAdministration expenses and other paymentsInterest receiptsNet cash provided by/(used in) operating activities

Net increase/(decrease} in cash held

Cash at the beginning of the financial year

Cash at the end of the financial year


-4-

8(c)

8(c)

8(a)

395,188(295,306)

10,452110,334

110,334

392,527

502,861

407,340(283,103)

195124,432

124,432

268,095

392,527


Notes to and forming part of the Financial StatementsFor The Year Ended 30 June 2011

NOTES

Objectives and principal activities

The Legal Practitioners Admissions Board ('the Board') operates pursuant to s659 of the Legal Profession Act2007 ('the Act'). The Board has been established for the purpose of performing its statutory functions andobligations under the Act and the Admission Rules. Its primary role is to assist the Supreme Court ofQueensland by making a recommendation about each application for admission. The major source of incomefor the Board is Admission Application fees as prescribed under the Legal Profession Regulation 2007.

1 Summary of significant accounting policies

(a) Statement of Compliance

The Board has prepared these financial statements in compliance with section 43 of theFinancial and Performance Management Standard 2009.

These financial statements are general purpose financial statements and have been preparedon an accrual basis in accordance with Australian Accounting Standards and interpretations.In addition, the financial statements comply with the Treasurer's Minimum ReportingRequirements for the year ending 30 June 2011 and other authoritative pronouncements.

Except where stated, the historical cost convention is used.

(b) Taxation

The Board is exempt from income tax by virtue of Section 50-25 of the Income TaxAssessment Act 1997 with the exception of Fringe Benefits Tax (FBT) and the Goods andServices Tax (GST).

The net amount of GST recoverable from, or payable to, the Australian Tax Office (ATO) isincluded as acurrent asset or liability in the Statement of Financial Position.

(c) Revenue

Revenues are recognised at fair value of the consideration received net of any amount of GSTpayable to the ATO. Fees controlled by the Board are recognised when payment is received.Interest revenue is recognised as it accrues, taking into account the effective yield on thefinancial asset and is also recognised net of bank charges.

(d) Grants and contributions

Grants, donations and gifts that are non-reciprocal in nature are recognised as revenue in theyear in which the Board obtains control over them. Where grants are received that arereciprocal in nature, revenue is accrued over the term of the funding arrangement.



(e) Cash and cash equivalents

For the purposes of the Statement of Financial Position and Statement of Cash Flows, cashassets include all cash and cheques receipted but not banked at 30 June as well as depositsat call with financial institutions. The Cash Deposit Account is an interest bearing accountwhich is readily convertible to cash on hand at the Board's option and is subject to a low riskof changes in value. These investments are brought to account at fair value as indicated inNote 8(a).

(f) Receivables

All receivables have been recognised on an accrual basis and are carried at actual amountsand the collectability of trade debtors is assessed at reporting date with provision being madefor impairment.

(g) Payables

Trade creditors are recognised on receipt of the goods or services and are carried at actualamounts, gross of applicable trade and other discounts. Amounts are unsecured and aregenerally settled on 30 day terms.

(h) Employee benefits

The Board has no employees and as such there are no employee entitlements outstanding.

All employees are employed by the Queensland Law Society Incorporated and salary costsare reimbursed based on actual expenditure.

(i) Judgements &assumptions

The entity has made no judgements or assessments which may cause material adjustmentsto the carrying amounts of assets and liabilities within the next reporting period.

(j) New and revised Accounting Standards

The Board did not voluntarily change any of its accounting policies during 2010-11.

MSB 2009 - 5 Amendments to Australian Accounting Standards arising from the AnnualImprovements Project included certain amendments to MSB 117 Leases that revised thecriteria for classifying leases involving land and buildings. This amendment does not affectthe Board.

The Board is not permitted to early adopt a new accounting standard ahead of the specifiedcommencement date unless approval is obtained from the Treasury Department.Consequently, the Board has not applied any Australian Accounting Standards andInterpretations that have been issued but are not yet effective. The Board applies standardsand interpretations in accordance with their respective commencement dates.

At the date of authorisation of the financial report, significant impacts of new or amendedAustralian accounting standards with future commencement dates are as set out below.

- 6-



(j) New and revised Accounting Standards (continued)

AASB 2010-4 Further Amendments to Australian Accounting Standards arising from theAnnual Improvements Project [AASB 1, AASB 7, AASB 101 &AASB 134 and Interpretation13] becomes effective from reporting periods beginning on or after 1 January 2011. TheBoard will then need to make changes to its disclosures about credit risk on financialinstruments in note 22(c). No longer will the Board need to disclose amounts that bestrepresent an entity's maximum exposure to credit risk where the carrying amount of theinstruments reflects this. If the Board holds collateral or other credit enhancements inrespect of any financial instrument, it will need to disclose - by class of instrument - thefinancial extent to which those arrangements mitigate the credit risk. There will be no needto disclose the carrying amount of financial assets for which the terms have beenrenegotiated, which would otherwise be past due or impaired.

AASB 1053 Application of Tiers of Australian Accounting Standards and AASB 2010-2Amendments to Australian Accounting Standards arising from Reduced DisclosureRequirements [AASB 1, 2, 3, 5, 7,8, 101, 102, 107, 108,110, 111, 112, 116, 117, 119, 121,123, 124, 127, 128, 131, 133, 134, 136, 137, 138, 140, 141, 1050 & 1052 andInterpretations 2, 4, 5, 15, 17, 127, 129, & 1052] apply to reporting periods beginning on orafter 1July 2013.

AASB1053 establishes a differential reporting framework for those entities that preparegeneral purpose financial statements, consisting of two tiers of reporting requirements .Australian Accounting Standards (commonly referred to as "tier 1"), and AustralianAccounting Standards - Reduced Disclosure Requirements (commonly referred to as "tier2").

Tier 1 requirements comprise the full range of AASB recognition, measurement,presentation and disclosure requirements that are currently applicable to reporting entities inAustralia. The only difference between the tier 1 and tier 2 requirements is that tier 2requires fewer disclosures than tier 1. AASB 2010-2 sets out the details of which disclosuresin standards and interpretations are not required under tier 2 reporting.

Treasury Department has advised that its policy decision is to require all entities capturedwithin the whole-of-government financial reports to adopt tier 1 reporting requirements. Incompliance with Treasury's policy which prohibits the early adoption of new or revisedaccounting standards unless Treasury approval is granted, the Board has not early adoptedAASB1053.

All other Australian accounting standards and interpretations with future commencementdates are either not applicable to the Board's activities, or have no material impact on theBoard.

-7-



2 Admission revenue

Admission application feeAdmission application fee - mutual recognitionBar board exam fee

3 Other revenues

368,50016,625

321385,446

380,99923,041

404,040

Freedom of information applicationsRegistration of TraineeshipApproval of os academic &practical legal trainingInterest incomeSundry income

4 Administration fee

2,0917,520

11,960131

21,702

465

2032,8363,504

This administration fee paid to the Queensland Law Society Incorporated represents expenses paidon behalf of the Board plus an administration fee levy imposed by the Queensland Law SocietyIncorporated. Expenses of the Board comprise the following items.

Employee expensesProfessional feesQueensland Law Society - levyQueensland Law Society - rentInsuranceOther expenses

5 Other expenses

189,00723,72016,66613,2003,960

16,440262,993

190,418661

17,05913,2003,9809,872

235,190

Audit feesBarrister board examinations

8,651 8,720

- 8-

8,651 8,720



6 Receivables

Prepaid expensesInterest receivable

7 Payables

1,5291,529

2121

Queensland Law Society IncAudit fee

42,0038,900

50,903

69,5655,000

74,565

8 Notes to the Statement of Cash Flows

(a) Reconciliation of cash

For the purposes of the statement of cash flows, cash includes cash on hand, in banks andinvestments on money market instruments, net of outstanding bank overdrafts. Cash at theend of the financial year as shown in the statement of cash flows is reconciled to the relateditems in the statement of financial position as follows:

Cash assetsCash deposit account

107,060395,801502,861

386,7965,731

392,527

(b) Financing facilities

The Board has no external non-cash financing or any standby credit facilities or any otherloan facilities.

-9-



(c) Reconciliation of net cash provided by/(used in) operating activities to the operatingsurplus/(deficit) for the year

Operations surplus/(deficit)

Changes in assets and liabilities:(increase)/decrease in receivables(decrease)/increase in payables

Net cash provided by/(used in) operating activities

9 Contingent liabilities

There were no known contingent liabilities at 30 June 2011

10 Financial risk

135,504

(1,508)(23,662)110,334

163,634

3,972(43,174)124,432

The Board activities expose it to a variety of financial risks: market risk (currency risk, price risk andinterest rate risk), credit risk and liquidity risk.

(a) Currency risk

The Board is not exposed to any foreign currency risk.

(b) Price and interest rate risk

The funds are invested in reputable Australian banks. Investments included fixed termdeposits which are not subject to interest rate or price risk.

(c) Credit risk

There is no significant credit risk with respect to the collectability of fees as the fee iscompulsory. All fees are paid up front prior to admission.

Credit risk arising on funds placed on term deposit is managed by ensuring funds are onlyplaced with reputable institutions.

(i) Financial assets that are neither past due or impaired

At the balance sheet date no financial assets are past due or impaired.

(ii) Financial assets that are past due andlor impaired

No financial assets are past due.



(d) Liquidity risk

In the management of liquidity risks, the Board monitors and maintains a level of cash andcash equivalents deemed adequate by management to finance the Board's operations andmitigate the effects of fluctuations in cash flows. The Board also constantly reviews itsinvestment to ensure that there are sufficient cash and liquid deposits to meet its estimatedoutflows.

As at balance sheet date, the Board's financial liabilities are all current.

(e) Interest Rate Sensitivity

The Board does not hold any financial instruments subject to interest rate variability.

(1) Fair value

The carrying amount of cash and cash equivalents, receivables, payables and lease liabilitiesapproximate their fair value and are not disclosed separately.

- 11 -

Declaration of legal Practitioners Admissions Board

The general purpose financial report has been prepared pursuant to section 62(1) of the FinancialAccountability Act ('the Act'), relevant sections of the Financial and Performance Management Standard 2009and other prescribed requirements. In accordance with Section 62(1)(b) of the Act we certify that in ouropinion: -

(a) the foregoing financial statements with other information and notes to and forming part thereof are inagreement with the accounts and records of the Legal Practitioners Admissions Board; and

(b) in our opinion -

(i) the prescribed requirements in respect of the establishment and keeping of accounts havebeen complied with in all material respects; and

(ii) the foregoing financial statements have been drawn up so as to present atrue and fair view inaccordance with prescribed accounting standards of the transactions of the LegalPractitioners Admissions Board for the financial year ended 30 June 2011 and of the financialposition as at the close of that year.

D Chairperson

ames Bell QC

Chairpers

Greg Moroney

~ 12-


INDEPENDENT AUDITOR'S REPORT

To the Legal Practitioners Admissions Board

Report on the Financial Report

I have audited the accompanying financial report of Legal Practitioners Admissions Board,which comprises the statement of financial position as at 30 June 2011, the statement ofcomprehensive income, statement of changes in equity and statement of cash flows for theyear then ended, notes comprising a summary of significant accounting policies and otherexplanatory information, and certificates given by the Board.

The Board's Responsibility for the Financial Report

The Board is responsible for the preparation of the financial report that gives a true and fairview in accordance with prescribed accounting requirements identified in the FinancialAccountability Act 2009 and the Financial and Performance Management Standard 2009,including compliance with Australian Accounting Standards. The Board's responsibility alsoincludes such internal control as the Board determines is necessary to enable thepreparation of the financial report that is free from material misstatement, whether due tofraud or error.

Auditor's Responsibility

My responsibility is to express an opinion on the financial report based on the audit. Theaudit was conducted in accordance with the Auditor-General of Queensland AuditingStandards, which incorporate the Australian Auditing Standards. Those standards requirecompliance with relevant ethical requirements relating to audit engagements and that theaudit is planned and performed to obtain reasonable assurance about whether the financialreport is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts anddisclosures in the financial report. The procedures selected depend on the auditor'sjudgement, including the assessment of the risks of material misstatement of the financialreport, whether due to fraud or error. In making those risk assessments, the auditorconsiders internal control relevant to the entity's preparation of the financial report that givesa true and fair view in order to design audit procedures that are appropriate in thecircumstances, but not for the purpose of expressing an opinion on the effectiveness of theentity's internal control, other than in expressing an opinion on compliance with prescribedrequirements. An audit also includes evaluating the appropriateness of accounting policiesused and the reasonableness of accounting estimates made by the Board, as well asevaluating the overall presentation of the financial report including any mandatory financialreporting requirements approved by the Treasurer for application in Queensland.

I believe that the audit evidence obtained is sufficient and appropriate to provide a basis formy audit opinion.

Independence

The Auditor-General Act 2009 promotes the independence of the Auditor-General and allauthorised auditors. The Auditor-General is the auditor of all Queensland public sectorentities and can only be removed by Parliament.

, ,


INDEPENDENT AUDITOR'S REPORT

The Auditor-General may conduct an audit in any way considered appropriate and is notsubject to direction by any person about the way in which audit powers are to be exercised.The Auditor-General has for the purposes of conducting an audit, access to all documentsand property and can report to Parliament matters which in the Auditor-General's opinion aresignificant.

Opinion

In accordance with s.40 of the Auditor-General Act 2009 -

(a) I have received all the information and explanations which I have required; and

(b) in my opinion -

(i) the prescribed requirements in relation to the establishment and keeping ofaccounts have been complied with in all material respects; and

(ii) the financial report presents a true and fair view, in accordance with theprescribed accounting standards, of the transactions of Legal PractitionersAdmissions Board for the financial year 1 July 2010 to 30 June 2011 and of thefinancial position as at the end of that year.

Gary Paul SMITH, FCPA(as Delegate of the Auditor-General of Queensland)

31 August 2011

Brisbane

1JULY 2010 TO 30 JUNE 2011

LEGAL PROFESSIONBRISBANE

DlPCAIRNS ROCKHAMPTON TOWNSVILLE

9(2)(b) lAIC 1ST Icol IBond IQUT IGrit IOther 19(2)(b) lAIC 1ST IBar IDlP IOther 19(2)(b) lAIC 1ST IBar IDlP IOther 19(2)(b) lAIC 1ST IBar IDlP IOther ITotal

71 931 §L39LJ~L1}1 .1 ..1 JI J . 4

....I ..·..........··• ..·

Jan I ......•.

TfMRA~:r=':2

1

3

3

1

1

3 4

1

?I 2

4

4

1

64

50

2

.... 10.7

93

....4?

5

1

6.1 1 193

! .

1

1

..... +.... .., 0... 2

I·····1

~.

·j············I·····1 ......•

··1·····

I·········· I········· ! ·'·I·················,I· ~+··· ·· II ..•

"'1 ·1·········1··············

+ ·········\·····1······ ····I···j1

7

4

I·········

10

21 ??L 61 10

141

.. 1 ~12§1 ··JI .......91 ~! J....... .

1············11 ! ···········1

21

JI .......1]}1J6.1 ....44.L. 14

.j Jj?6.1 ·JISI .}! ···J1 ! ..1

1 ........O·1 ..·· ..·:.. j ··11 ...".1....... 12

....·· ..1.. ·· • .

Sept

Nov

Dec

Oct

July

Aug

Feb

March

June

April

May

Total 41 381 2771 461 1621 921 39 o o 5 o 9 o o o 3 o 8 o o 2 27 o 713 26 121 38

GralldTotal »7511 "C

i:Jc..X·CON

Appendix 9.3

The characteristics of a quality annual report are that it:

complies with statutory and policy requirements

presents information in a concise manner

is written in plain English

provides a balanced account of performance - the good and not so good.

FA ACT Financial Accountability Act 2009 FPMS Financial and Performance Management Standard 2009

ARRs Annual report requirements for Queensland Government agencies

Accessibility .. Table of contents ARRs - section 8.1 p. iii - iv

.. Glossary p. 11

.. Public availability ARRs - section 8.2 p. i

.. Interpreter service statement Queensland Government p. iLanguage Services Policy

.. Copyright notice Copyright Act 1968 Footer of eachpage

.. Government Information Licensing Govemment Information NAFramework (GILF) Licence Licensing Framework (GILF)

QGEA Policy

Letter of .. A letter of compliance from the ARRs - section Error! p. iicompliance accountable officer or statutory body to the Reference source not found.

relevant Minister(s)

General .. Introductory Information ARRs - section 10.1 p. 1information

ARRs - section 10.2.. Agency role and main functions p.1

.. Operating environment ARRs - section 10.3 p. 8

.. External scrutiny ARRs - section 10.4 p. 8

.. Machinery of government changes ARRs - section 10.5 NA

.. Review of proposed forward operations ARRs - section 10.6 p.8

Non-financial .. Government objectives for the community ARRs - section 11 .1 Optionalperformance

.. Other whole-of-government plans I specific ARRs - section 11.2 NAinitiatives

.. Council of Australian Government (COAG) ARRs - section 11.3 NAinitiatives

.. Agency objectives and performance ARRs - section 11.4 p.8indicators

.. Agency services and service standards ARRs - section 11.5 p. 3-7

Financial .. Summary of financial performance ARRs - section 12.1 p. 7performance

.. Chief Finance Officer (CFO) statement ARRs - section 12.2 NA

Governance - .. Organisational structure ARRs - section 13.1 p. 3

management and• Executive management ARRs - section 13.2 p.3structure

• Related entities ARRs - section 13.3 NA

• Schedule of statutory authorities or ARRs - section 13.4 NAinstrumentalities

• Boards and committees ARRs - section 13.5 NA

• Public Sector Ethics Act 1994 Public Sector Ethics Act 1994 p. 8

(section 23 and Schedule)

· Whistleblowers Protection Act 1994 Whistleblowers Protection Act p. 91994

(sections 30 - 31 and Schedule)

Governance - • Risk management ARRs - section 14.1 p.8risk managementand • Audit committee ARRs - section 14.2 p. 8accountability

• Internal Audit ARRs - section 14.3 NA

Governance - • Workforce planning, attraction and ARRs - section 14.4 NAhuman retentionresources

• Early retirement, redundancy and Directive NO.17/09 Early NAretrenchment Retirement, Redundancy and

Retrenchment

• Initiatives for women ARRs - section Error! NAReference source not found.and 15.2

• Carers (Recognition) Act 2008 Carers (Recognition) Act 2008 p. 9

Governance - • Consultancies ARRs - section 16.1 p. 7operations

• Overseas travel ARRs - section 16.2 p. 7

• Information systems and recordkeeping ARRs - section 16.3 p. 10

• Waste management Environmental Protection NA(Waste Management) Policy2000, Environmental ProtectionAct 1994

Other prescribed • Indigenous matters (The Queensland The Queensland Government NArequirements Government Reconciliation Action Plan Reconciliation Action Plan 2009-

2009-2012) 2012

• Shared services ARRs - section 17.2 Optional

• Carbon emissions Premier's Statement NA

Optional • Corrections to previous annual reports ARRs - section 18.1 Optionalinformation thatmay be reported • Right to Information Right to Information Act 2009 Optional

• Information Privacy Information Privacy Act 2009 Optional

• Native title N/A Optional

Financialstatements

• Complaints Management

• Certification of financial statements

• Independent Auditors Report

• Remuneration disclosures

N/A

FA Act - section 62

FPMS - sections 42, 43 and 50

FA Act - section 62

FPMS - section 50

Financial ReportingRequirements for QueenslandGovernment Agencies

Optional

Appendix 1

Appendix 1

NA

Documents

LEGAL PRACTITIONERS ADMISSIONS BOARD