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CPD Requirements - Guidelines
For Legal Profession Rules 2009 Part 2, Division 2

Please note that these are guidelines only and should be read in conjunction with the Legal Profession Rules 2009 Part 2 Division 2 which are appended to this document.

Background

On 1 March 2009 the Legal Profession Rules 2009 came into operation.

Part 2 Division 2 of the Rules generally requires all local legal practitioners to accrue 10 CPD points per year. This requirement is imposed by a condition on all local practising certificates (CPD Condition). Separate arrangements are made for WA government lawyers by the Legal Profession Regulations 2009.

The period for accumulating CPD points commences on 1 April each year and ends on 31 March the following year (CPD Period). Points may not be carried over into the next CPD year.

The Rules establish 3 competency areas. The 3 Competency Areas are:

  • Competency Area 1 – Legal Skills and Practice
  • Competency Area 2 – Ethics/ Professional Responsibility
  • Competency Area 3 – Substantive Law

The Rules generally require that:

  • practitioners who, at the beginning of the relevant certificate year, have been in practice for 5 years or more must accumulate a minimum of 2 points in each of competency area 1 and competency area 2 in the CPD period commencing on 1 April immediately preceding the issue of the practising certificate.
  • practitioners who, at the beginning of the relevant certificate year, have been in practice for less than 5 years must accumulate a minimum of 4 points in each of competency area 1 and competency area 2 in the CPD period commencing on 1 April immediately preceding the issue of the practising certificate.

Points may be gained by participation in an approved CPD Activity.

An approved activity may be:

  1. An activity undertaken with an approved QA Provider. (Approved QA Providers are listed on the Board’s web site).
  2. An approved activity by a Non QA Provider. (Approved activities are listed on the Board’s web site).
  3. An activity undertaken by an individual for which approval has been given. (Fees apply and an application form may be down-loaded from the Board’s website).

The rate at which CPD points may be obtained, and the maximum number of points which may be obtained, for different kinds of activities are indicated in the following table:

Activity Type

 

CPD Points

Maximum Points

Interactive Activity:

As participant

0.5 points for each complete 30 minutes

Maximum of 7 points per single activity

As presenter

1.5 points for each complete 30 minutes

Maximum of 7 points per single activity

As commentator

1 point for each complete 30 minutes

Maximum of 7 points per single activity

As chair

0.5 points for each complete 30 minutes

Maximum of 7 points per single activity

Individual Activity other than publication activity

0.5 points for each complete 60 minutes

Maximum of 2 points per CPD period

Publication Activity

As writer

0.5 points for each complete 500 words

Maximum of 5 points per CPD period

(Cannot claim double points for writing and presenting the same paper)

As editor

1 point per edition

Maximum of 5 points per CPD period

CPD points may be claimed for period of either a full hour or a half hour. Lesser periods are rounded down to the nearest half hour. For example:

45 mins

0.5 CPD Point

60 mins

1 CPD point

80 mins

1 CPD Point

90 mins

1.5 CPD Points

110 mins

1.5 CPD Points

120 Mins

2 CPD points

Points may not be claimed for committee work or Board membership.

Purpose of these guidelines

The Rules vest a number of discretionary powers in the Board. The purpose of these Guidelines is to set out the Board's general policy as to how those discretionary powers will be exercised in the ordinary case, for the purpose of informing practitioners and assisting Board members and delegates in the exercise of their functions under the Rules.

It is important to bear in mind that these are Guidelines only and do not fetter the exercise of the Board's discretion in accordance with the rules. Each case which comes before the Board must be considered on its individual merits.

Guidelines

1. Requiring documents and information

Clause 8(1) of the Rules enables the Board to request a local legal practitioner to provide to the Board any document or information in relation to the person's compliance with the CPD condition.

Practitioners on renewal of their practising certificate will be required to certify that they have met the CPD requirements for the preceding CPD Period.

The Board will conduct audits of practitioners. Selected practitioners will be required, within 21 days, to provide a record of all CPD activities undertaken for the audit period nominated by the Board. Failure to do so may affect the renewal of the practitioner’s practising certificate and may result in disciplinary action.

For the first CPD period the Board will audit each member of the Board and at least one local practitioner from each law practice in the State.

2. Approving QA Providers

Clause 14(2) of the Rules enables the Board to approve a person, body or group of persons as a QA provider. A professional development activity provided by a QA provider is automatically an approved CPD activity.

Approvals will generally be given for a 2 year period, after which the provider will need to re-apply for approval.

Before approval will be given the Board will be satisfied that the provider:

  • has suitable experience in providing continuing legal education;
  • has a suitable training infrastructure;
  • can demonstrate a generally favourable assessment of CPD activities presented, as judged by the participants.

In deciding whether to approve a provider the Board may take into account, where applicable, the provider's experience in:

  • providing CPD activities, including its program of providing a number of activities over a reasonable period;
  • complying with any conditions attached to any approval including maintaining ongoing, accessible and appropriate records;
  • the standard and appropriateness of written material for participants attending CPD activities; and
  • any other matter the Board considers relevant to the application.

Approval of a QA provider will ordinarily be issued subject to the standard conditions and such other conditions as the Board considers appropriate to the particular case

An application form and detailed instructions on how to apply to become a QA Provider can be found through the following links.

3. Approving Professional Development Activities on Application by Provider

Clause 15(1) of the Rules enables the Board to approve of CPD activities conducted by a person other than a QA provider. In doing so the Board is to determine the competency area the activity is in (rule 15(3)) and may allocate a different number of CPD points that can be earned from the activity (rule 12(2)).

When submitting an application the provider should submit the following material:

  • a proposed point value for the activity;
  • A proposed classification of the activity outlining the proposed competency area;
  • A detailed outline of what will be covered in the activity, and by whom;
  • A program showing the sequence of speakers, the methods of teaching, and the amount of time each person will spend on each area;
  • An outline of the activity materials
  • A brief resume of each speakers professional qualifications, legal background and any teaching experience;
  • An indication of to what extent, if any, they will provide the activities in regional areas;
  • Advice that a record of attendance will be taken and that participants will be advised that this may be made available to the Board for auditing purposes;
  • An undertaking that the provider will advise the participants of the point allocation for the activity; and
  • Any other information required by the Board.

Applications and approvals for activities may be made and given retrospectively.

An application form and details on how to apply for approval of a single activity by a non QA Provider can be found through the following links.

4. Approving Professional Development Activities on Application by Participants

Clause 15(2) of the Rules allows the Board to approve of CPD activities undertaken by a local legal practitioner as participant. In doing so the Board is to determine the competency area the activity is in (rule 15(3)) and may allocate a different number of CPD points that can be earned from the activity (rule 12(2)).

When applying for approval of a specific activity the participant should submit:

  • A brief description of the activity;
  • A proposed point value for the activity;
  • A proposed classification of the activity within one of the competency areas; and
  • Any other information required by the Board.

An application form and details on how to apply for approval of an activity undertaken by an individual can be found through the following links.

5. Approving Professional Development Activities: General

Before an activity is approved under rule 15(1) or 15(2) the Board will need to be satisfied that the activity:

  • Is of sufficient intellectual or practical content and deals with matters relevant to the practice of law;
  • Is conducted by persons who are qualified by academic or practical experience in the subject covered;
  • Is relevant to a practitioner's immediate or long-term needs in relation to the practitioner's professional development and to the practice of law; and
  • Must fall within at least one of the nominated 3 competency areas.

An approved activity may include (but not be limited to):

  • Participation in a structured discussion group;
  • Workshops and seminars (whether as presenter, participant or chair);
  • A structured course such as the Bar Readers Course (whether as presenter, participant or chair) or ATP (as presenter);
  • Attendance at relevant conferences as presenter or participant;
  • Undertaking relevant post graduate higher education (eg LLM, MBA or PhD) at a tertiary institution;
  • Lecturing or tutoring in an LLB, LLM or equivalent at a tertiary institution;

Writing articles for a recognised legal publication or a legal article for a quality publication or for the purposes of presenting a paper at any approved CPD activity.

6. Exemptions/Variations

Clause 17(2) of the Rules provides that the Board may vary the CPD requirement by either reducing the number of CPD points a practitioner is required to earn or reducing the minimum point requirements for particular competency areas.

In deciding whether to exercise this power the Board may have regard to any or all of the following matters specified in rule 17(3):

  1. "(a) the length of the certificate year;
    (b) any disability, injury or illness suffered by the practitioner;
    (c) any restrictions on the practitioner’s right to practice;
    (d) any period of absence from legal practice (whether on leave or otherwise) by the practitioner during the certificate year;
    (e) the location of the practitioner’s principal place of practice;
    (f) the length of time for which the practitioner has been engaged in legal practice;
    (g) any other professional development or educational activities undertaken by the practitioner;
    (h) whether compliance with the CPD condition would otherwise cause unreasonable hardship. "

Applications for an exemption or variation to compliance with CPD requirements will generally be granted in the following circumstances:

  • the practitioner has been in practice for a period exceeding 40 years and holds a restricted Practising Certificate restricting practice to that as an employee only; or
  • the practitioner, by reason of the practitioner’s geographical location or any physical or other disability, experiences particular hardship or difficulty in completing the required number of points; or
  • the practitioner has been absent from practice because of parenting leave or illness or unemployment (in which case exemptions will be considered on a pro rata basis); or
  • the practitioner undertook CPD activities as part of the requirement of either practising in another jurisdiction or the equivalent thereof.

Other special circumstances considered will be considered on the merits of each application, having regard to the matters identified in Rule 17(3). Exemptions and variations are not given as a matter of course and are generally only granted outside the above categories when individuals can show genuine hardship in meeting their CPD requirements.

A practitioner who commences or recommences practice on or after the beginning of the CPD Period will generally be given a pro-rata exemption requiring the practitioner to complete the following number of points:

Month of Issue of Practice Certificate

Number of CPD points required in the CPD period commencing on 1 April immediately preceding the issue of the practising certificate

July

9

August

8

September

7

October

6

November

5

December

4

January

3

February

2

March

1

April

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May

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June

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CPD points must be obtained from the competency areas as set out in Rule 10 (6) or (7) of the Legal Profession Rules 2009. Where this is not possible, the Board will ordinarily vary that requirement.

An application form for an exemption or variation can be found through the following links.

Please see separate explanatory guidelines for pro rata variations for parenting leave, new practitioners or recommencement of practice.

7. Fees

Click on the following link for the current fee schedule.

For further information on any issues relating to continuing professional development please contact the Board’s Legal Education Coordinator on 6211 3600.