Barristers provide legal advice and represent clients in negotiations and court proceedings. They research the laws and past cases (precedents) that are relevant to a particular case in order to present the strongest case for their client and add weight to their arguments. Barristers may also write legal documents, such as contracts, on behalf of their clients. Barristers work mostly on specialist legal matters in an advisory capacity, appearing in finery and representing litigants in court. Traditionally, only barristers could act as advocates in courts.

A barrister provides legal advice and drafts documents in complex matters. They conduct negotiations and appear in courts and tribunal hearings on behalf of clients. Generally, the barrister's client is a solicitor, who briefs the barrister on behalf of a company or private person when a case requires specialist research or advocacy skills. A barrister may also undertake research and consult with clients and witnesses.

Barristers wear wigs and gowns in some courts, solicitors do not. It is common to practise as a solicitor for a few years before becoming a barrister.

ANZSCO ID & Description: 271111: Pleads cases before civil, criminal and industrial courts and other tribunals (registration or licensing is required).

Alternative names: Attorney, Lawyer

Specialisations: Criminal Lawyer, Family Lawyer, Immigration Lawyer, Queen's Counsel [QC], Senior Counsel (Aus)

Knowledge, skills and attributes

A barrister needs:

• excellent communication skills
• the ability to work well under pressure
• to be comfortable coming before a courtroom
• the ability to keep client's information private and confidential
• the ability to make decisions quickly and with flexibility
• a high level of integrity.

(Source: Australian Bar Association)

Duties and tasks

• Cross-examine witnesses, study the evidence and draw conclusions
• Negotiate settlements between the client and other parties and draw up settlement documents
• Provide representation to clients in court
• Provide specialist legal advice and written views to Solicitors, other Legal Professionals and clients
• Receive written briefs and verbal directives regarding cases from Solicitors and clients
• Research and prepare cases
• Write up legal documents such as affidavits and pleadings

Working conditions

Barristers work in offices, and courts and tribunals throughout Australia - although the majority work in the metropolitan areas.

They generally operate as individuals, out of chambers in cities or large suburban centres. They have access to the courts and specialise in particular areas of the law e.g. Family Law. They work on extensive and complex legal issues.

A barrister’s work hours can be long and may include evenings and weekends, particularly when working to tight deadlines and preparing a case.

Tools and technologies

Barristers consult extensive law libraries, containing detailed records of past cases (precedents) and the resulting decisions, which can help strengthen a case. They must also be familiar with more specific legislation, unlike solicitors who deal with a wider scope of legal matters. Many of the documents that barristers refer to use very specific language and terms that may not be common in everyday usage, including some Latin phrases. In addition to this reference material, barristers also use standard office equipment, including computers, photocopiers, faxes and dictaphones.

Education and training/entrance requirements

To become a barrister you need to complete a degree in law.

To work as a barrister in Australia, you must complete Practical Legal Training as specified by the Legal Practice Board in each State and Territory and then apply to the Supreme Court for admission as a lawyer.

Environmental law is a broad area of law that encompasses a range of issues surrounding the environment including water and air quality, hazardous waste, species protection, agriculture, wetlands, biodiversity, waste management, green initiatives, sustainability strategies and alternative energy sources.

As sustainability becomes a global priority, lawyers who can advise clients on green standards and sustainability issues are in demand. It is predicted that climate change, global warming and other environmental legislation will increase the legal work for environmental lawyers in coming years.

ANZSCO ID: 234312

   
Knowledge, skills and attributes

Environmental lawyers work within a branch of law called environmental legislation or regulatory law. Capable of understanding highly technical material such as raw data, scientific literature and precedent cases, they use the information to interpret current legal situations that affect the environment in some manner.

Environment laws are a large and complex specialty within the practice of law. The successful environmental lawyer should be able to communicate effectively both orally and in written documents. The ability to persuade others to a specific point of view helps to win court cases, but the attorney also must be able to prepare and consolidate an abundance of details into an effective case.

The purpose of an Environmental Lawyer is to work with environmental case law and legislation to represent various environmental interests. Environmental laws regulate and define the activities of humans upon the geological and biological systems that are affected by contact. Issues such as ecology, sustainability, responsibility, and stewardship are often cause for legal actions. Environmental Lawyers can represent clients in environmental matters, advocate for development in environmental policy and law as well as write academically on environmental law.

(Source: Golden Gate University)

Duties and Tasks

Environmental lawyers have a set of responsibilities which vary significantly from case to case, but the list here includes typical job duties that are expected:  

• Analyze and interpret data obtained from literature reviews, case law, criminal, civil and regulatory research, and sample findings
• Interview scientists to interpret data throughout the court process; to testify, inform, and give expert opinion
• Assess damages from a particular event; suggest or assign punitive monetary values or remediative actions to various internal and external stakeholders
• Use persuasion and carefully constructed logical arguments to convince jury and judge of legal culpability
• Determine if there is sufficient evidence contrary to the environmental regulations in question in order to proceed with prosecution
• Decide if prosecution of environmental offenders is in the public's best interest
• Participate in pre-trial negotiations and discovery sessions, often representing a corporation, government or other business entity
• Decide upon both parties' rights, obligations, and duties as they apply to environmental regulation
• Explain and illustrate how the environmental event or trend in question might impact the earth or a specific region of earth, as well as human or animal populations
• Counsel clients their organizations about their rights under current regulation as well as their obligations
• preparing, examining and advising on contracts of sale for properties and businesses
• carrying out title searches and contacting government authorities to find out if any planned development, illegal building work and disputes could affect properties and businesses
• Analyze and extrapolate from existing data, case laws, and precedents
• Use model data to interpret information about current situations and potential resolutions
• Communicate during court proceedings and with stakeholders on tightly focused environmental incidents or broad environmental trends
• Act as both advisors and legal advocates in the protection of the environment and natural resources
• Represent clients in criminal cases where charges have been laid as a result of environmental infractions.
• Draft correspondence.
• Compile evidence and interview clients, witnesses, and persons of interest.
• Develop cases and present them at trial.

Senior Environmental lawyers often have additional responsibilities that include case management and collaboration. Such responsibilities often include the following:

• Promote positive work group systems for a challenging work environment
• Provide mentorship opportunities to junior team members
• Assist criminal, civil and environmental investigators where infractions are suspected
• Provide regulatory and investigating agencies with legal and policy advice
• Mediate agreements between landowners and governments and between industry participants
• Advocate for the public interest via lobbying and education campaigns
• Use clear perspective to steer written information in a compelling manner for internal and external stakeholders and the public
• Provide consultation and legal advice to external agencies, professionals, individuals or researchers
• Ensure that written affidavits, testimonies, and summative reports are accurate
• Plan, organize and participate in advocacy programs to engage the public

(Source: Desautel Law)

Working conditions

Depending on where an Environmental Lawyer works, the day to day duties of an Environmental Lawyer include meeting with clients, researching environmental legal developments, drafting documents and educating the public and students about environmental law. This is an important career because it can be used to protect the environment through legal avenues.

Environmental Lawyers work within private firms, government, and academia. Environmental Lawyers work primarily in an office environment but also regularly represent clients in court and engage in teaching at universities. It is important to be a good advocate as an Environmental Lawyer spends a significant amount of time in Court. Environmental Lawyers tend to work long hours and are required to be flexible depending on the demands of certain cases. As a lot of Environmental Lawyers work within government, cities with a large number of government agencies are a hot spot for environmental lawyers.

Education and training/entrance requirements

To practice as an Environmental Lawyer you will need to obtain a law degree commonly known as a Bachelor of Laws (LLB) or a Juris Doctor (JD). The JD is a postgraduate qualification, the bachelor is an undergraduate qualification.

Further qualification is also available including a Masters of Law (LLM), Masters of Environmental Law, or a Doctor of Philosophy (PhD). These further options are a good option for lawyers seeking more senior roles or a higher pay grade.

Once you have completed your law degree, you are required to gain practical experience and sit further examinations to be admitted to the bar. Once you are admitted to the bar you can represent clients and formally provide legal advice.

Legal aid officers provide access to free legal advice and assistance for socially or economically disadvantaged members of the community.

In each state and territory, legal aid organisations deliver a wide range of legal assistance services in criminal, family and civil law matters. Some legal assistance is available free-of-charge to everyone, including through free brochures, information sessions or telephone legal advice.

The legal aid organisations vary in each State and territory with regard to what is offered. Everyone is entitled to some degree of legal aid, which is a set limit, after which financial checks are required for clients. Some legal aid organisations deliver legal services in partnership with the private legal profession through grants of legal aid.


ANZSCO ID: 271311

Knowledge, skills and attributes

To become a legal aid officer, you would need:

• a passion for justice and fairness
• strong spoken and written communication skills
• the ability to absorb and analyse large amounts of information
• a high level of accuracy and attention to detail
• the ability to explain legal matters clearly in non-legal language
• confidence and a persuasive manner
• the ability to work under pressure
• time management and strong organisational skills.

 

Legal Aid Officer in remote community WA
(Source: ABC News)

Duties and Tasks

As a legal aid officer, you would:

• meet with clients to gather information and take instructions
• advise clients on the law and legal matters relating to their case
• draft letters, contracts or documents based on the client's needs
• research similar cases to guide your current work
• act on behalf of your clients, and prepare cases for court as necessary
• attend mediation or arbitration on behalf of your client
• calculate claims for damages, compensation, and family maintenance
• complete timesheets and other billing and charges documentation
• keep up to date with changes and developments in your area of the law.

Working conditions

As a legal aid officer, you would normally work a standard number of hours per week. Long working hours are very common in all roles the law. In some jobs you may also be on call on weekends and public holidays.

Legal aid officers work mainly for government legal aid services or in the private legal profession through grants of legal aid. You would mainly be based in an office, and might need to travel to visit clients.


Education and training/entrance requirements

To become a legal aid officer, you usually have to complete a degree in law at university. To get into these courses you usually need to gain your senior secondary school certificate or equivalent with English. You can also undertake a combined degree in law and another discipline. The prerequisite subjects required for entry into these combined courses also depend on the chosen non-law component..

In order to be eligible for admission to practice law, it is necessary to complete an accredited program of practical legal training (PLT) on completion of your degree. On completion of the required academic and practical legal training you may apply to the Supreme Court in your State for admission as a lawyer.
In some States, you can also become a lawyer by completing an accredited Diploma in Law, followed by a period of practical legal training.
  
Employment Opportunities

Employment of legal aid officers is projected to grow about as fast as the average for all occupations.

Legal aid roles are usually government-funded, so the number of available positions depends somewhat on the available funding. Competition for jobs is generally strong because more students graduate from law schools each year than there are jobs available.

Barristers are sole practitioners. By the time they first arrive at the Bar as readers, they have most likely applied to and been accepted by a barrister group known as a List. All Lists at the Bar are operated by a Barristers’ Clerk.

Barristers’ Lists are unique to Victoria. Barristers come together in groups, called Lists, and engage a person, called the Clerk, to provide the List with various services.

Barristers’ Clerks are the link by which barristers and solicitors come together.

The Clerk and their staff are the interface between the barristers and the solicitors who engage the barristers to represent their clients. Clerks deal with solicitors to assist them with queries about the expertise and availability of barristers and take bookings for cases, on behalf of barristers, from the solicitors.

The Barrister's Clerk is essentially the conduit between the two sides of the legal profession. The Barrister's Clerk is the intermediary, or mediator, between the diverse interests of the legal system, namely, barristers, solicitors, judges and occasionally the client upon whom the system depends for its stimulus. Although these groups are discrete, they are interdependent. But their interdependence does not prevent them from pressing divergent demands that somehow must be resolved into a common aim in order for the legal process to function reasonably smoothly. The Clerk assists these groups to achieve that ultimate resolution and in so doing they assume different roles to satisfy the demands of all parties.

A barristers' clerk acts like an agent for barristers. They are familiar with skills, expertise, experience and availability of the barristers on their list and can liaise with solicitors and clients to match you with the best representation for each matter.

Barristers engage clerks to organise their bookings and provide messaging, telephone and accounting services. The clerks have detailed knowledge about the barristers on their list and can provide lawyers and others with information about the availability of barristers as well as advising on the choice of barrister. They also take care of the administrative aspects of engaging counsel.

Barristers’ clerks work as administrators within barrister chambers. The role of a Barristers’ Clerk is certainly a demanding one and crucial to the smooth-running of chambers. A barristers' clerk is responsible for managing the practice and business activities of the barristers within a set of barristers' chambers. They keep chamber diaries up-to-date, calculate and negotiate fees for the work carried out and ensure every member is informed of their commitments.
  
The role is integral to the success of a set of chambers, both as individual legal practices and as an overall business.

(Source: Vicbar)

ANZSCO ID: N/A
   
Alternative names: Chambers' Senior Clerk, Chambers Director; Senior Practice Manager, Practice Assistant, Assistant Practice Manager, Practice Manager,
   
Knowledge, skills and attributes

    

• Excellent interpersonal and communication skills, both oral and written for dealing with clients, barristers, solicitors, court officials and judges
• Excellent organisational skills combined with good time and people management skills
• A professional manner - an awareness of appropriate language and etiquette, particularly in court
• Self-confidence, motivation and determination
• Commercial awareness and sales skills, to maintain the supply of work
• Good IT skills
• Ability to handle high pressure, long hours and demanding deadlines

 Duties and Tasks

Broadly, there are three roles for a Clerk that encompass their relationship both with their barristers and with their clients (being solicitors, corporates and clients generally): counsellor, negotiator, and fixer.

The role of fixer is central of the character that a Clerk must encapsulate to best achieve their goal of assisting the legal market. Whether that means, for example, recommending counsel to a solicitor for a particular case, or, in the case of their barristers, providing a myriad of services, suggestions or recommendations for the various professional hurdles they face on a daily basis.

A Clerk is autonomous in representing and recommending their barristers. The connotations of autonomy are achieved in their relationship to their List; the Clerk is driven to provide best available counsel options to solicitors and other interested parties because they want those parties to engage the Clerk for future work. The commission basis of the Clerks’ fees also encourage autonomy in representing their list. Meritocracy therefore becomes the driving force behind the Clerks’ attitude to their barristers’ abilities, which assists in eliminating any potential bias.

Clerks are typically required to manage the practice’s diary, which involves:

• scheduling meetings
• deliver urgent documents to other chambers
• arranging transportation of files, papers and robes to and from the court
• make travel and accommodation arrangements for barristers
• negotiating fees on behalf on their barristers
• be involved in the ongoing marketing development of the business
• ensuring all activities are adhering to current compliance standards.

Depending on the level at which they are working, clerks will be required to:

• appropriately allocating cases to barristers, taking into account experience, availability, skills and specialisms
• planning barristers’ workloads
• negotiating and agreeing a timetable of required work
• fix cases
• manage barristers’ practices
• managing financial accounts
• organising case fees collection
• checking computerised diaries and court listings to avoid clashes in commitments
• undertaking relevant research
• oversee the chambers’ administrative systems to ensure information is kept up to date and in line with best practice
• carrying out administrative and business management activities
• seeking work and marketing the chambers via events and seminars
• keeping up-to-date with legal developments, particularly in specialist areas
• liaising with solicitors and the Crown Prosecution Service
• providing the client’s solicitor with information about progress or possible delays in cases
• arranging meetings on behalf of the barrister with the instructing solicitor and client to discuss the case
• organising meetings between clients, barristers and instructing solicitors

(Source: NSW Bar)

Working conditions

By virtue of barristers’ busy schedules, the work of a barristers’ clerk can be demanding with long hours, heavy workloads and tight deadlines to match. Barristers’ clerks work for barristers’ chambers, found mostly in cities, or practices clustered near regional law courts.

Working hours are typically standard office hours, but you should be prepared to work on a rota basis for some sets and for long and irregular hours on occasion - for instance, in preparation of a major case and for business development events.

There is generally a small team of around three to four clerks (one senior clerk and two or three junior clerks) for every 15 to 20 barristers. Clerks are sometimes divided according to the types of cases handled by the chambers, or by seniority of members and whether they are juniors or QCs.

You'll be working with barristers who may be elated from winning, frustrated at losing or feeling under pressure during a case. You'll need to be able to handle and support their emotions and not feel intimidated or overawed.
  
The dress code is smart.
    
Education and training/entrance requirements

Formal academic qualifications are not required for entry into the profession, although a degree in law may be advantageous.

Previous experience gained in a legal, business or court administration position is advantageous. Many chambers run work experience schemes that are usually heavily subscribed.

Barristers’ clerks usually start in a junior position, progressing in time to senior clerks, at which point they can expect a higher salary and greater responsibility within the chambers.

(Source: Vic Bar)

Additional Information

Your training is largely done on the job, learning by working with an experienced clerk. Employing chambers will often provide practical training and may support further training through relevant organisations.

With experience, you will develop knowledge and expertise in the specific areas of law undertaken by your chambers, such as:

civil
commercial
criminal
employment
family
pensions law
property.
   
As a barristers' clerk it's important that you keep up to date with current legal issues, as well as market changes and administration issues.
    
Employment Opportunities

The majority of entrants start work as a junior (or starter) clerk, full-time. Promotion is usually expected after 18 to 24 months, dependent on experience, either within chambers or with a move to a different set.

With more than five years' experience, a clerk will undertake greater responsibility in the practice management of chambers including fee negotiation, managing diaries and fixing cases, developing client relationships and marketing initiatives.

Some clerks can branch into fees clerk positions, with responsibility for handling and collecting barristers' fees on behalf of chambers.

As well as senior clerk, progression may also lead to the post of practice senior manager, chambers director or even chief executive, leading a team of barristers' clerks within chambers.

A law clerk performs specialised clerical work associated with legal practice and law courts, with the exact nature of the work determined by the area of law their employer specialises in.

Tasks include assisting lawyers with clerical and administrative tasks, and basic legal duties. This work can also include drafting letters to clients, solicitors or other parties, assisting with telephone inquiries, and researching previous cases where final judgement of the court may be used as supporting evidence for a client's claim. A law clerk may also manage client cases, should a procedure be fairly routine.


ANZSCO ID & description: 5992: Performs specialised clerical work associated with legal practice and law courts.

Alternative names: Legal Clerk,

Knowledge, skills and attributes

A law clerk needs:

• an eye for detail
• an interest in the law and legal processes
• good organisational skills
• good typing and computing skills
• the ability to think logically and clearly
• good oral and written communication skills, and
• a sound knowledge of the English language.

(Source: Good Universities Guide)

Duties and tasks

• Supporting legal teams with decisions and strategies.
• Conducting legal research and offer analysis and interpretation.
• Preparing briefs, legal documents, reports and evidence.
• Supervising the filing of documents.
• Managing the junior members of the legal team.
• Performing basic courtroom duties.
• Scheduling appointments and coordinating meetings.
• Attending hearings to take notes and writing court reports.

Working conditions

A law clerk usually works from 9-5 in a normal office environment, however, overtime may be expected if a particular deadline has to be met. Law clerks are required in all courts, from large law courts in metropolitan areas to smaller regional courts in regional areas.

The duties of law clerks working in larger firms tend to be more specialised and can involve more detailed research, while those employed in smaller firms may be required to perform a wider range of duties, including receptionist tasks and work as an 'outside' clerk. The role of an 'outside' clerk includes visiting courts and government agencies to lodge legal documents, or attending settlements for clients.

Tools and technologies

Law clerks use word processing and basic computing skills to perform their work.

Education and training/entrance requirements

You can work as a law clerk without any formal qualifications and get training on the job. However, entry into this occupation may be improved by obtaining a qualification in legal services or legal studies.

The Certificate IV in Legal Services and Diploma of Business (Legal Studies) are offered at TAFE Colleges and other registered training organisations throughout Australia.

You can also complete a Legal Assistant or Assistant Paralegal traineeship. These traineeships usually take 24 months to complete.

Paralegals play a vital role in the legal system. There is a slow but definitive trend toward the increased use of paralegals in the delivery of legal services. Provide a range of paralegal and administrative services that support the efficient and effective delivery of legal services operations.

ANZSCO ID: 5992

What is a paralegal?

Paralegals play an important role in the provision of legal services. They carry out a broad variety of work in all areas of the law and are a vital resource to an organisation. Generally paralegals are not admitted to practise law (except for those paralegals who have obtained a law degree). However, because paralegals typically gain a high level of experience in a particular practice area, they can offer a high level of services. Under the supervision of a senior lawyer they can run their own files and conduct work which may have otherwise been undertaken by a junior lawyer.

In addition to engaging in file specific work, paralegals can also help train new employees and thereby ensure consistency within a firm. For instance, paralegals can provide information to new lawyers and staff about research tools, case preparation and protocol in that particular firm.

Do paralegals work in all areas of the law?

Paralegals are involved in the delivery of legal services in a variety of ways. Traditionally a large number of paralegals worked on conveyancing matters. However, there is a role for paralegals in just about every area of the law, including commercial, conveyancing, criminal, debt collection, environmental, family, HR, immigration, insurance, litigation, personal injury, procedural skills, research, wills and estates, and WorkCover.

Each area of the law offers different opportunities for paralegal work. For example, paralegals can function as the point person for large projects, ensuring that the project is properly managed. They can also act as a liaison between lawyers and their clients or witnesses, return phone calls, conduct research or help with case preparation.

Who employs paralegals?

Paralegals typically work for lawyers. Just as lawyers are employed by many different types of organisations, paralegals can also be employed in any organisation that provides legal advice. This includes law firms, governments, courts, or corporations with in-house legal counsel (such as many banks, insurance companies, hospitals, pharmaceutical companies, etc.).

Did You Know? The Duchess of Sussex, Meghan Markle, portrayed a paralegal, Rachel Zane in the TV series (2011 - 2017 ) "Suits"

What duties do paralegals perform?

Paralegals generally provide practical, hands-on assistance in relation to all aspects of legal work. The type of work performed by a paralegal will depend both upon the nature of the organisation and the practice area.

Under the supervision of lawyers, paralegals may perform duties such as:

• acting as an initial contact point for legal inquiries;
• taking instructions for and drafting wills;
• engaging in legal research
• drafting correspondence
• preparing agreements
• compiling court documentation
• providing general assistance in relation to commercial transactions
• managing a debt recovery practice
• conveyancing
• designing and operating databases; and
• liaising with clients.

What are the benefits of using paralegal services?

Using the services of paralegals offers significant advantages. Paralegals offer a cost effective way of providing legal information and services. Using paralegals to assist in the delivery of legal services increases efficiency and enables lawyers to expand their practices. In addition, some believe that because paralegals are not lawyers, they tend to use plain language and may have a better ability to communicate with some clients.

What is the future of paralegal services?

Both the legal community and the public will need to consider the extent to which non-lawyers should play a role in legal service delivery, the circumstances in which paralegals may be used, their relationship to lawyers, their specialisation and remuneration, the nature of paralegal training, and whether accreditation is considered desirable in the future.

In NSW there is currently a system for licensing conveyancers through the Office of Fair Trading. The province of Ontario in Canada has introduced training and licensing requirements for paralegals, and the Law Society of Upper Canada now regulates legal services provided by paralegals in the province of Ontario. Increased use of paralegal services in Australia may result in the need for similar licensing requirements.

Solicitors work to provide a range of legal documents. In addition, they provide legal advice and investigate on legal matters. Solicitors represent their clients in court and can prepare and review a wide range of legal documents. They provide their clients with legal advice based on the feedback and facts that they receive for particular situations.

  
ANZSCO ID: 2713

Knowledge, skills and attributes    

• Accurately conveying details to other individuals
• Being able to understand complex problems and how to find their solutions
• Public Speaking Skills
• Strong written and verbal communication skills
• Thinking critically and using logic in order to find solutions to issues that arise

(Source: Your Career)

Duties and tasks

• Acting as legal representatives in court cases
• Engaging in interviews with clients to gather information
• Preparing cases for court
• Preparing legal documents such as wills, contracts of sales and other contracts
• Reviewing contracts
• Working with clients to determine their legal needs
• Interviewing clients to determine the nature of problems, and recommending and undertaking appropriate legal action
• Preparing cases for court by conducting investigations, undertaking research, arranging witness preparation and attendance, and giving notice of court actions
• Representing clients in court
• Managing conveyancing and other property matters by preparing contracts of sale, mortgage documents, lease documents and other documents relating to the transfer of land and buildings
• Preparing and critically reviewing contracts between parties
• Preparing wills
• Providing advice on family law, company law, partnerships, commercial law and trusts
• May act as trustee or guardian
• May act as executor of clients' wills

Working conditions

Solicitors either work in law offices and courtrooms or comfortable office settings. How much of their time is split between an office setting and courtrooms varies greatly on the type of law being practiced and other variables. It is common for many solicitors to work long hours that may exceed the typical workweek.

Education and training/entrance requirements

A Bachelor Degree or higher is required to work in this job. Registration or licensing is also required.

Tribunal Members hear industrial, administrative or other disputes to assist in resolving differences and to arbitrate on issues.

ANZSCO ID: 271213

Specialisations: Administrative Appeals Tribunal Member, Industrial Relations Commissioner.

Knowledge, skills and attributes  

Tribunal Members are to display at all times:

• Respect for the Law
• Fairness
• Independence
• Respect for Persons
• Diligence and Efficiency
• Integrity
• Accountability and Transparency

(Source: Your Career)

Duties and Tasks

• Exercises arbitral powers if resolution is not achieved or seems improbable through conciliation.

• Prepares settlement memoranda and obtains signatures of parties.

• Advises government of legal, constitutional and parliamentary matters and drafts bills and attends committee meetings during consideration of bills.

Education and training/entrance requirements

Tribunal Members are usually appointed by a State or Federal Governor or Attorney-General. To be eligible, you need to have completed a law degree and have been licensed to practise law for a minimum of eight years.

   
Employment Opportunities

• Size: This is a very small occupation.

• Location: Tribunal Members work in many regions of Australia.

• Industries: Most work in the Public Administration and Safety industry.

• Full-time: Around half work full-time (51%, less than the average of 66%), showing there are many opportunities to work part-time.

• Hours: Full-time workers spend around 47 hours per week at work (compared to the average of 44 hours).

• Age: The average age is 59 years (compared to the average of 40 years). Most workers are aged 45 years or over

• Gender: 53% of workers are female (compared to the average of 48%).

Trust Officers administer trusts, estates and settlements on behalf of beneficiaries. Activities associated with starting a personal or corporate trust are most often handled by a trust officer. Such financial arrangements can be created with a set of terms, but can also be laid out under the demands of a will or court order. The drafting process for these documents is usually conducted with an attorney present. A lawyer often helps create the legal documents that specify the conditions and length of the trust, before any account is filled with funds or assets.
    
If the trust is created by a court order, job duties often include interviews with beneficiaries. These parties can be designated by court order and help to locate and identify the assets involved in the agreement. Assets can also be consolidated through negotiations with local or regional public agencies. A trust officer job is often to collect earnings from wages or sales of assets and put them into the account. These collections can also include dividends and other funds that may be collected; the disbursing of funds and management of any surpluses are often part of the job as well.

Trust officers sometimes manage estates, and are often the executors following the death of an owner. How the estate is managed usually depends on the terms expressed in the person’s will. On a more basic level, the trust officer often handles account deposits and withdrawals and keeps records for the processing of financial statements and annual reports. It is the trust officer who is responsible for making sure that the money in a trust fund is handled correctly as set out in the terms of the trust. The officer must maintain the money that was put into the trust by investing it and monitoring those investments. Liquidating or trading assets as needed and making payments to the beneficiaries when required by the trust are also responsibilities of the trust officer.

ANZSCO ID: 599215
  
Knowledge, skills and attributes

• Excellent communication skills to confer with the beneficiary, client and attorneys

• A thorough knowledge about finance, investment and banking

• Good knowledge about computer applications

• Excellent organization, analytical and logical thinking ability

• Ability to make the right investments and advise the client on the same

• Ability to interpret the needs of the client

• A detailed knowledge about banking laws, federal laws and investment laws

(Source: Security Intelligence)

Duties and Tasks

• Assists solicitors in areas of conveyancing, contracts, common law, probate and other legal practice matters.

• Satisfies statutory requirements, establishes beneficial entitlements and distributes assets.

Education and training/entrance requirements
  
You can work as a Trust Officer without formal qualifications, however, a course in personal trust administration, business, accounting, law or a related field may be useful. Vocational Education and Training (VET) and university are both common study pathways.

Legal Executives act for and on behalf of clients in the areas of property transfer, company and business law, trusts, wills, probate and litigation, under the general supervision of a Barrister or Solicitor.
  
A Legal Executive is a type of qualified Lawyer who has trained and specialised in one specific area of law such as litigation or conveyancing. Where a Legal Executive receives training in their one chosen area of legal practice, Solicitors must cover several practice areas before they can qualify.
 
Despite the difference in their qualifications, the role of a Legal Executive is like that of a Solicitor, with fee earning duties including providing legal advice to clients, preparing documents, and attending court.
   
Recognised alongside Solicitors and Barristers as one of the core disciplines within the legal profession, Legal Executives are required to keep up to date with legal developments and continue training throughout their career. They can be found working in law firms, in-house legal teams and public sector bodies.

ANZSCO ID: 599912
  
Alternative names: formally known as Chartered Legal Executive,
   
Specialisations: property transfer, company and business law, trusts, wills, probate and litigation,

Knowledge, skills and attributes

To succeed as a Legal Executive, you will need to demonstrate strong competency in the following:

• Have a bachelor degree from an Australian university, preferably in Arts, Economics, Commerce or Business;
• Have a commitment to a career in a service-oriented business;
• Demonstrate a high level of maturity, judgement and common sense
• Be a leader and a team player
• Experience working in a service-industry environment will be highly regarded, but is not essential.
• Communication and interpersonal skills
•  Analytical and problem-solving skills
•  Negotiation skills
•  Research and drafting skills
•  Attention to detail
•  Organisation skills with the ability to prioritise tasks effectively
•  The ability to work well as part of a team
•  Professionalism and discretion
•  Administrative and IT skills.

 

(Source: Your Career)

Duties and Tasks

• interviews clients to determine the nature of issues, and receives written information concerning cases from legal professionals and clients and explains complex legal matters.
• confers with clients and potential witnesses and draws up statements and proposed affidavits in preparation for court proceedings
• analyse a variety of legal documents such as property sales contracts, mortgage documents, ownership rights, etc.
• collect and analyse information from client cases and determine laws, regulations and legal actions to be taken regarding their cases
• compose terms and conditions of property contracts, land taxes and other related matters; draft wills and trusts on behalf of clients
• prepare documents and conduct investigations and interviews to build cases on behalf of clients or businesses
• research and remain informed on relevant changes in the law
• retain accurate and up-to-date legal files of client cases
• work on behalf of clients to determine if there are any planned developments, illegal building or disputes in property ownership where clients have interests.
• liaises with fellow professionals on behalf of clients
• research information and preparing legal documents
• maintains legal files
• prepares, analyses and interprets a variety of legal documents such as those associated with buying, selling and developing properties and businesses
• assists legal professionals to prepare cases for court by conducting investigations, undertaking research, arranging witness preparation and attendance, and preparing and filing court documents
• acts as a commissioner for oaths for swearing of legal documents
• keeps up to date with changing legislation
• prepares the accounts of a legal practice
• assists Solicitors and works alongside Paralegals, Legal Secretaries and other legal professionals.
• may supervise law clerks and legal secretaries and take responsibility for their work.

 

Working conditions
    
Legal executives can expect to work similar hours to solicitors. The contracted hours will likely be 9-5, Monday to Friday, however, the actual working hours will depend on the amount of work due at any given time.

Education and training/entrance requirements
  
You need extensive experience, or a formal qualification in law, legal studies or another related field to work as a Legal Executive. University and Vocational Education and Training (VET) are both common study pathways.

The profession has a long history dating back to the Roman Republic and its office is recognised by many nations around the world.

The responsibilities carried out by a notary public involve drawing, attesting or certifying documents such as deeds and contracts for use overseas. In addition they may take affidavits and statutory declarations, prepare wills, and draw up formal papers relating to shipping.

Legal documents are notarized to ensure that transactions are properly executed and to deter fraud. When verifying the authenticity of documents, notaries are required to identify signatories to a document to weed out impostors and to ensure that parties enter into an agreement willingly and knowingly.

(Source: Treloar & Treloar)

All notaries in Australia are qualified lawyers. They are senior Solicitors that, in addition to practising in their chosen legal field, are trained in Notarial Practice. Notaries are appointed by the Supreme Court pursuant to the Public Notaries Act 1997 (NSW) and the Public Notaries Appointment Rules 1998. Applicants must be lawyers of at least 5 years standing who complete the prescribed Notarial Practice Course and apply through the Legal Profession Admission Board (the Board). Upon appointment, the name of the Notary is entered on the Roll of Public Notaries maintained by the Board.

Rules governing the practice, administration, regulation and discipline of Notaries are very similar to the laws covering all practising solicitors. This includes the holding of compulsory professional indemnity insurance for the due protection of their clients.

The Notary is permitted to practice anywhere within the state of New South Wales whilst on the Roll of Notaries.

A Notary has been likened to “an International Justice of the Peace” because, almost exclusively, the work of a notary involves documentation required by a client for overseas use. By comparison, documentation for use within Australia can usually be dealt with by a qualified lawyer.

Often notarial functions may include the requirement for the preparation of legal documents, such as a power of attorney or an agreement encompassing and formalising a transaction. As a lawyer the Notary is well qualified to carry out this legal work for the client as well as perform the notarial function.

(Source: DFAT)

In many instances the document/s to be sent overseas may require the signature and seal of the Notary to be legalised (certified as correct) by the Australian Department of Foreign Affairs and Trade (DFAT). Once DFAT has issued its certificate and endorsed or attached it to the Notary’s document, the document may have to be certified at the Consulate or Embassy of the foreign country to which it is to be sent. The Consulate or Embassy is in effect certifying the Australian Government’s seal and signature on the document is correct.

The Notary can usually help the client by explaining DFAT’s requirements and the requirements of the particular Consulate. The act of DFAT’s legalisation of the Notary’s signature and seal never implies acceptance or approval of any words, statement, certificate or other document preceding the legalised signature. This is frequently stated by DFAT in its certificates.

Many countries, including Australia, are signatories to a Convention that overcomes the double requirement of legalisation and then certification by the Consulate. Member countries issue an “Apostille” which cuts time and expense for the client. The Apostille is a statement identifying the signature of the Notary and comprises a large stamp affixed to the Notary’s signed document. Under The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of 1961, the Australian authorised affixer of the Apostille is DFAT.

ANZSCO ID: 271311
  
Alternative names: Notary, Public Notary,
   
Knowledge, skills and attributes

• An Australian lawyer
• Have held an Australian practising certificate for a five-year period
• Have completed a course of study related to notarial practice
• Knowledge of the legal issues involved
• Attention to detail
• Professionalism
• Cool under Pressure
• Strong Communicator

(Source: Corporate Finance Institute)

Duties and Tasks

• Authenticating official, Government and personal documents and information for use overseas
• Witnessing signatures of individuals to documents and authenticating identity
• Witnessing Powers of Attorney for use overseas, including from time to time, preparing them
• Certifying true copies of documents for use overseas
• For corporations and business, witnessing documents and authenticating status and transactions
• Dealing with documentation for land, property and deceased estates overseas
• Identifying fraud
• Affirming the state of mind of participating parties
• Verifying and recording the identification of agreement participants
• Completing notarial certificate on all documents
• Bearing witness to documents/items in a safe deposit box
• Maintaining a notary journal
• Administering oaths
• Taking affidavits and statutory declarations
• Handling loan documents, contracts, marriage certificates, and other legal documents

 

Did You Know? What are Notarized Documents? A notarized document is a document that has been verified and certified by a notary. The notary has a responsibility to verify that all signatures on a document are legitimate to prevent cases of fraud or coercion. The notary verifies a few things when notarizing legal documents, such as: 1. Identity of the persons appearing before the notary The notary is required to verify the identity of the persons signing the legal document, either by personal acquaintance or reference to proofs of identity, such as a driver’s license or passport. Once verified, the participating parties are recorded in the notarial register, also called a protocol. 2. Sound mind The notary should confirm that the participating parties understand what they are signing and that they are of sound mind before and during the signing of the documents. The person signing should not be intoxicated, medicated, or any other situation that may affect their judgment. 3. Adult age The notary should verify that the person appearing to sign the document has attained adult age (18 years and above) and has the capacity to enter into a binding agreement. If some of the participating parties are minors, the notary cannot notarize the document. 4. Willing signers The notary should verify that the signers are willing and capable of signing legal documents, and there are no signs of coercion. If either of the parties is not signing on their free will, it may be a sign that the person is being forced to append their signature on the document. (Source: Corporate Finance Institute) What is an Apostille? An Apostille is simply a certificate. It shows that the Department of Foreign Affairs and Trade (DFAT) has verified the signature and seal of the Public Notary that has notarised the document upon which is attached the Apostille. An Apostille is only needed for documents destined for countries that have signed The Hague Apostille Convention (Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents).

Working conditions

Notaries who work primarily in a traditional office role have the same work environment as any other office worker. Self-employed notaries (full-time or part-time) have more opportunities to be mobile. They may provide notary services in their own office or travel to customers for scheduled signings. Mobile notaries are allowed to charge for mileage.

Notaries may also work in another profession where notary skills are useful. Real estate agencies, banks and other financial institutions, and law offices all regularly use notaries to witness documents.
  
The schedule of a notary varies depending on whether they're self-employed or working at a company where notarizing is one of many duties. If they're self-employed, they may have a flexible schedule. If they're employed by someone else, they may keep traditional business hours. Mobile notaries are often required to work odd hours, including evenings and weekends, to accommodate their clients.

     
Tools and technologies

Here are some of the latest digital tools for Notaries [2022]

• Secured Signing
• Signix
• Jurat eNotary Journal
• Notary Gadget
• Notary Assist [App]

Education and training/entrance requirements
  
Must hold at least an Australian Bachelor's degree in Law (or equivalent qualification that allows them to practice law in Australia) and have been practising for a minimum of 5 years to qualify for courses in Notarial Practice.
  

What is a Notary Public?
https://youtu.be/B0dB0pW4K6o

 

Related Jobs or Working with these Jobs

Community Corrections Officer	Conveyancer	Coroner	Criminologist
Judge	Patents Examiner Patent Attorney/ Intellectual Property Lawyer	Police Officer	Prison Officer
Psychiatrist	Secretary Legal Secretary

Materials sourced from
Jobs & Skills WA [Barrister; Law Clerk];
CareerHQ [Legal Aid Officer; ]
Seek [Law Clerk;]
FindLaw Australia [Paralegals];
Open University [Solicitor; Barrister; Legal Executive; ]
Target Jobs UK [IP Lawyer; Barrister's Clerk; Legal Executive; ]
Prospects UK [Barrister's Clerk; ]
Wise Geek [Trust Officer; ]
The Nest [Trust Officer; ]
Environmental Lawyer [Environmental Science Careers]
NCAT [Tribunal Members; ]
Job Description [Trust Officer; ]
Victorian Bar [Barrister's Clerk; ]
ABC Chambers Solutions LLP [What is a Barristers Clerk; ]
Totally Legal [Legal Executive; ]
ABS [Legal Executive; ]
Simply Law [Legal Executive; ]
Notary NSW [What is a Notary; ]
Courts ACT [Notary Public; ]
NotaryJane [Notary; ]
Corporate Finance Institute [Notary; ]
Liveabout [Notary; ]
NotaryIINotary [Must have Notary Tools; ]
  Your Career [Solicitor; Tribunal Member; Trust Officer; Legal Executive; ]

 

 

 

Copyright © On the Job Online