Legal Practice Board of Western Australia

1. What guarantees does QA Provider status give the practitioner?
2. Is "suitable experience" in clause 7(a)(1) demonstrated by meeting the criteria in clause 7(b)?
3. What is meant by "suitable training infrastructure"?
4. What conditions might be placed on QA Provider status?
5. Is there a right of appeal from a decision to reject or withdraw QA Provider status?
6. Do QA Providers who have acquired QA status in another jurisdiction have QA Provider status in WA?

What guarantees does QA Provider status give the practitioner?

QA Provider status will guarantee that for the duration of the currency of that status, all CPD activities offered by that provider will be available for practitioners to count towards their compliance with the Board's CPD Policy. It will also act as a guarantee that the provider meets minimum standards of organisation and record keeping, which will assist the practitioner in circumstances where they are audited and required to verify their attendance at an activity. QA Provider status will not be a guarantee of the quality, relevance or usefulness to a particular practitioner of any individual activity offered.

Is "suitable experience" in clause 7(a)(1) demonstrated by meeting the criteria in clause 7(b)?

Generally meeting the criteria in clause 7(b) will demonstrate suitable experience, however the Board reserves the right to request any further information that it requires in order to make a decision as to whether an organisation has suitable experience to be a QA Provider.

What is meant by "suitable training infrastructure"?

This means having in place appropriate administrative systems plus access to facilities which are appropriate to the type and nature of activity being offered, in the context in which it is being offered. It will mean in practical terms that a QA Provider will have to have in place a facility (with allocated responsibility) for record keeping plus a means of identifying and supplying training facilities and aids required to present their programs. Accessing commercially available premises for the presentation of workshops or seminars and the hiring of equipment,

e.g. projectors, microphones etc is entirely appropriate as a means of achieving this.

What conditions might be placed on QA Provider status?

Record keeping requirements as set out in clause 15 will be a standard condition for QA Providers. The Board reserves the right to place any relevant conditions on any QA approval and will consider each application including whether any conditions should be placed on the approval on a case by case basis. The general conditions that currently apply are as follows:

1. You must comply with the Board's CPD Policy, as it is amended from time to time.

2. The fee applicable to your application is $ . This fee must be received by the Board by no later than 2 February 2009, failing which this approval automatically lapses.

3. You must provide the Board, upon its request, with any information it seeks from you in respect to your ongoing activity as a QA Provider, including, but not limited to, information relating to the attendance of legal practitioners at any CPD activity.

4. You must notify the Board of any material change in your circumstances during the term of this approval, including, but not limited to, changes to contact details including websites, solvency or other matters which may impact on your capacity to provide CPD.

Is there a right of appeal from a decision to reject or withdraw QA Provider status?

Under the Legal Profession Act 2008 there is no right to appeal against any decision made under section 51 which is the provision enabling CPD to be implemented. In making any decision to reject or withdraw QA Provider status, the Board will always be mindful of the interests of natural justice and the impact of any decision on the commercial interests of the QA Provider, as well as the impact on practitioners who have undertaken CPD with that provider.

Do QA Providers who have acquired QA status in another jurisdiction have QA Provider status in WA?

Yes. Any provider holding the equivalent of QA Provider status in any Australian jurisdiction is deemed, for the currency of their equivalent status, to be a QA Provider in this state. (Subject to payment of the appropriate fee as per Table 3 (a) of the Fees Schedule). This does not apply for approval for single activities. At present there are no providers with QA status approval in any other states.