F Bartlett, L Haller, “Disdisclosures Lawyers: Questioning Law and Process in the Admission of Australian Lawyers” (2013) 41 (2) Federal Law Review 227-264 This article focuses on the three largest jurisdictions in New South Wales, Victoria and Queensland. It traces their different approaches to approval; from legislation to court interpretation to the administrative approach. It also looks at some rare data on disclosure patterns when applying for approval. The resulting analysis raises concerns about a number of issues related to admission to the practice of law in Australia. It is argued that the secrecy of the proceedings is unjustified; And there is a lack of confidentiality, security and perhaps fairness guaranteed for applicants, especially when mental health issues arise. Finally, it is argued that there is a great difference in law and procedure between the States concerned. While the stated objective of protecting the public is the same, the approach is far from the same. The University of QueenslandSt Lucia4072 Brisbane, Queensland 4072Australia Australian lawyers are assessed and admitted at the state and territory level. An important part of this assessment is a candidate`s “aptitude” to practise the profession; also called the “character test” of personal morality. This test requires candidates to disclose relevant information about themselves, including their past behavior and (in at least one condition) their mental health condition. Very little information is available about the admission process.
Across the country, we don`t know how the character test is currently being conducted, how many candidates reveal past behavior, and how many are denied admission.