Legal Services Board
Continuing professional development
Legal profession rules require local legal practitioners to undertake continuing professional development (“CPD”) activities during each year of practice. The purpose of CPD is to ensure the ongoing competence of legal practitioners, including ensuring that practitioners’ knowledge and skills are kept current.
The CPD year runs from 1 April to 31 March, during which 10 hours of CPD must be undertaken. CPD activities must comply with the CPD rules. Practitioners must also keep a record of all CPD activities undertaken for a period of 3 years.
The legal profession rules which outline the CPD requirements of Victorian legal practitioners (“the CPD rules”) can be found below. Please refer to the rules for further information about CPD.
Professional association rules
Professional associations, namely the Law Institute of Victoria and the Victorian Bar, have made rules that set out CPD requirements.
The rules of the Victorian Bar apply to all local legal practitioners who practise solely as barristers and the rules of the Law Institute of Victoria apply to all other local legal practitioners.
The professional association CPD rules provide for the educational aspects of the CPD, such as the content of CPD activities, the amount and type of CPD units that must be completed, pro-rata calculations and CPD record-keeping obligations. Please refer to the relevant professional association’s CPD rules to identify your CPD obligations.
Download the Law Institute of Victoria Continuing Professional Development Rules 2008 (32KB PDF)
Download the Victorian Bar Continuing Professional Development Rules 2008 (116KB PDF)
Board rules
In addition, all local legal practitioners should be aware of the Legal Services Board Continuing Professional Development Rules 2008. The Board CPD rules should be read in conjunction with the relevant professional association rules.
The Board CPD rules provide compliance mechanisms in relation to the CPD requirements imposed by professional association CPD rules. The rules outline the Board's powers to require certification, verification and rectification in relation to CPD. The rules also provide for the Board to exempt a local legal practitioner from CPD obligations.
Download the Legal Services Board Continuing Professional Development Rules 2008 (44KB PDF)
Board policies
The Board's powers under the Board CPD rules are currently delegated to the Victorian Bar (for barristers) and the Law Institute of Victoria (for all other legal practitioners). The Board has developed the following policies to guide the exercise of these powers:
- the CPD Enforcement and Compliance Policy provides guidance about non-compliance, rectification, production of records and serious offences.
- the Related Polices for CPD Rules provide more specific guidance about interpreting the Board rules.
- the CPD Audit Policy provides guidance about processes for verifying compliance with CPD obligations.
Certification
When you apply for renewal of a local practising certificate, you are required to certify whether you have met your obligations under the applicable CPD rules for the most recently completed CPD year. If you have not met your obligations, you should provide details of any exemption granted (see further information about exemptions below) or submit a rectification plan with your completed renewal form (see further information about rectification below).
Verification (audit)
You may be required, at any time, to verify within 21 days whether you have met your obligations under the applicable CPD rules for the current CPD year or any of the 3 previous CPD years. If you are selected for verification (audit), you will be required to provide:
- your CPD attendance record
- a statutory declaration
- supporting evidence (eg. receipts, copies of presentation notes, copies of enrolment records or certificates of completion).
Rectification
If certification or verification procedures reveal that you have not met your obligations under the applicable CPD rules, you will receive written notice requiring you submit a rectification plan within 21 days. The plan sets out the CPD activities that you intend to take to rectify the non-compliance within 90 days after submitting the plan. You must comply with the rectification plan.
Download a rectification plan form
Exemptions
Practitioners may be exempted in whole or in part from undertaking the CPD activities imposed by the professional association CPD rules. Exemptions may be granted on the grounds of hardship or special circumstances based on any one or more of the following:
- illness or disability
- the location of your legal practice
- your absence from legal practice
Applications should be made in writing to the relevant professional association.
Non-compliance
It is important to note that a failure to comply with applicable CPD rules is capable of constituting unsatisfactory professional conduct or professional misconduct under section 3.2.17(2) of the Legal Profession Act 2004 (Vic) (“the Act”). It is also a matter the Board can take into account in determining whether a person is a fit and proper person to hold a practising certificate under section 2.4.4(1)(c) of the Act. Responses to non-compliance will be considered in accordance with the CPD Enforcement and Compliance policy (see above).
Examples of CPD non-compliance include:
- failure to produce CPD records when required
- failure to undertake the required amount or type of CPD activities
- failure to submit a rectification plan when required
- failure to confirm compliance with a rectification plan within time.
Further information
Each CPD scheme is administered by the relevant professional association. For information about complying with your CPD requirements, or getting an exemption from compliance, please contact the relevant professional association, the Victorian Bar (for barristers) or the Law Institute of Victoria (for all other local legal practitioners).