Recognition of Prior Learning - Postgraduate

Recognition of prior learning based on previous studies may be granted subject to the UTS Recognition of Prior Learning Policy and Procedure, section 6 of the Student and Related Rules, and guidelines of the Faculty Board in Law. The granting of exemptions is at the discretion of the associate dean (education).

An application for recognition of prior learning (RPL) is accepted only in circumstances where the basis for credit for law subjects was successfully undertaken in a comparable course of study at a recognised university.

Credit granted for subjects must comply with the AQF level for which the credit is being sought. This includes the same purpose, knowledge and skills required at the relevant level.

For applications for RPL where topics within areas of knowledge are distributed across subjects differently to subjects offered at UTS, the Faculty assesses credit to reflect fulfilment of requirements of the nearest subject(s) offered at UTS.

Credit given for the subject taken at the other recognised university can only be up the credit point value of the equivalent UTS subject.

Applied experience subjects are not typically considered for credit (i.e. internships, practice-based placements, exchange subjects, research-only subjects, and fulfilment of practical experience-type subjects).

Application

Students submit applications for RPL to the UTS Student Centre (part of the Lifetime Learner Experience Unit, or LLE). LLE reviews the application for completeness. If the subject on which the RPL is based appears on the Precedent List - or the subject was completed in the year before or after the same subject that appears on the Precedent List, LLE can approve the application under delegated authority of the Faculty of Law Board. A detailed subject outline or other documents are not required if a precedent can be applied.

If no precedent exists for the subject, the applicant must provide documentation as determined by the LLE. The application is forwarded to the Faculty for assessment.

Credit point limits

The maximum overall amount of credit granted for a Faculty of Law postgraduate course shall not exceed one half of the credit-point value of that course (subject to the following course-level requirements immediately below).

Students transferring into a UTS law course from an incomplete UTS course may be granted credit for all subjects completed at UTS which are part of the structure of the destination course, even if the total amount of credit exceeds the general, course-level or course-specific credit point limits.

The maximum RPL available in a postgraduate course shall not exceed one half of the credit-point value of that course on the basis of an incomplete postgraduate course except in cases where the basis for the credit is:

1. an incomplete nested qualification in a suite of UTS law courses, and
2. an agreement between UTS with an overseas institution to recognise all or part of study completed at the institution.

The maximum RPL available in a postgraduate course shall not exceed one quarter of the credit-point value of the courses on the basis of a completed postgraduate course; except in cases where the basis for the credit is:

1. a completed nested qualification in a suite of UTS law courses
2. an agreement between UTS with an overseas institution to recognise all or part of study completed at the institution
3. completion of the UTS Juris Doctor (JD) towards the LLM; credit based on completion of the JD at UTS, may be granted in respect of completed options, to a maximum of 24 credit points, and
4. an assessment by the Legal Profession Admission Board of the NSW Supreme Court (LPAB) that an applicant's international legal qualification covers parts of the academic areas of knowledge as set out in Part 2 of Schedule 1 of the Legal Profession Uniform Admission Rules 2015 towards the JD or the JD component of a JD combined degree. Students who have completed a law qualification overseas, and have been assessed by the LPAB as requiring to undertake academic subjects equivalent to no less than 72 credit points at UTS Law, and have elected to enrol in the JD or JD combined degree to complete these requirements, may be granted block credit to the value of up to 72 credit points in the stand-alone JD, and up to 81 credit points in the JD Graduate Certificate in Professional Legal Practice.

Time limits

As a general rule, a limit of five years applies to law subjects used as the basis of credit, calculated from the date the subject was successfully completed to when credit is sought except in the following circumstances:

1. Where there have been significant recent changes in the law, an exemption may not be granted even though the subject was successfully completed less than five years ago
2. Applications for RPL for practical legal training subjects have a time limit of three years, and
3. The Faculty Board in Law shall retain discretion to waive the application of the rule in cases where there is additional evidence of work or study experience.

Appeal of decision

An RPL decision is final. There is no right of appeal in relation to an RPL decision. A student who is dissatisfied with the process of their application for RPL may submit a complaint to the SCRO.

Course-specific provisions

Juris Doctor (C04236), Juris Doctor Master of Business Administration (C04250), Juris Doctor Graduate Certificate in Professional Legal Practice (C04320), Juris Doctor Graduate Certificate in Trade Mark Law and Practice (C04364), Juris Doctor Master of Intellectual Property (C04363), Master of Legal Studies (C04264), Graduate Diploma in Legal Studies (C07122), Graduate Certificate in Legal Studies (C11264)

Recognition of Prior Learning in the law component of a Bachelor of Laws (LLB) or in the Juris Doctor (JD) (and combined LLB and JD awards), and Legal Studies Program (LS) will only be offered on the basis of completed study in a course recognised as leading to practise as a legal practitioner within a law school at a recognised university.

An application for unspecified credit towards the elective component of the LLB, JD and courses in the LS program on the basis of having completed a Priestley 11 subject equivalent to the LPAB academic areas of knowledge (the LPAB Schedule 1 academic areas of knowledge comprises of Criminal Law and Procedure, Torts, Contracts, Property, Equity, Company Law, Administrative Law, Federal and State Constitutional Law, Civil Dispute Resolution, Evidence, Ethics and Professional Responsibility) at another university will not be approved irrespective of if the law subject completed at another university was insufficient to warrant exemption from a UTS core law subject.

Core subjects

Applications for RPL of a core subject in the Juris Doctor or Legal Studies:

• will be assessed to ensure coverage of 'academic areas of knowledge' as set out in Part 2 of Schedule 1 of the Legal Profession Uniform Admission Rules 2015 (the 'Priestley' 11), and
• must include official information from the other university indicating where the subject on which the RPL is based fits into the overall course structure of the other course (i.e. the University Handbook, or similar).

As a general rule, credit for 70102 Foundations of Law will be offered on the basis of completion of an equivalent core first year introductory subject taught within a law school at a recognised university provided that the subject addresses foundational knowledge and skills, including content in legal method and legal research.

Undergraduate law studies

Students in the Juris Doctor or Legal Studies program will not be granted RPL based on undergraduate law studies for:

• electives*, and
• subjects covering material in:
  • 70106 Principles of Public International Law
  • 70107 Principles of Company Law, and
  • Legal Theory options.

* Subjects offered in CBK90920 Options (JD) may be considered for RPL if they are cross-taught electives.

Inquiries

Further information is available at:

telephone 1300 ask UTS (1300 275 887)
Ask UTS