CPD Frequently Asked Questions
What are my CPD requirements?
Solicitors’ requirements are set out in the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 .
Barristers’ requirements are set out in the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015.
Please note, a barrister means an Australian legal practitioner whose Australian practising certificate is subject to a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only .
In summary, a practitioner who holds an Australian practising certificate is required to complete:
- a minimum of 10 CPD units/points
- at least one unit/point in each of the four fields/categories
- at least 6 interactive units/points.
One CPD unit/point is earned for each completed hour of engagement in a CPD activity.
Half a CPD unit/point is earned for every completed 30 minutes of engagement in a CPD activity.
A practitioner’s CPD requirements can also include any discretionary conditions imposed on Australian practising certificates.
What are the four fields provided for in the Solicitors’ CPD Rules?
As set out in rule 6 of the Solicitors’ CPD Rules, the four fields are:
- ethics and professional responsibility
- practice management and business skills
- professional skills
- substantive law.
What are the four categories provided for in the Barristers’ CPD Rules?
As set out in rule 9 of the Barristers’ CPD Rules, the four categories are:
- ethics and professional responsibility
- practice management and business skills
- substantive law, practice and procedure, and evidence
- barristers’ skills.
Why do I have to complete interactive points?
Under the Uniform Law the requirement to complete 6 interactive points is due to a discretionary condition imposed on all Australian practising certificates issued in Western Australia by the Legal Practice Board.
What if I held an Australian practising certificate for part of the year only?
A practitioner who commences or recommences legal practice (being that they held an Australian practising certificate for only part of the year) on or after the start of a CPD year must complete the CPD units or points as set out in section 5 of the Board’s CPD Guidelines.
Unless otherwise advised by the Board, at least one CPD unit or point must be completed in each of the fields or categories. Where the CPD requirements fall below 4 CPD units or points the legal practitioner must earn units or points in a selection of the fields or categories under the CPD Rules, rather than earning multiple units or points in a single field or category.
What is the CPDMS?
In summary, the Board’s Continuing Professional Development Management System (CPDMS) is the online management system used in Western Australia to monitor CPD activities by practitioners in Western Australia.
CPD providers are required to upload information regarding CPD activity completed by practitioners into the CPDMS.
Practitioners cannot enter information into the CPDMS, but it is expected that they will ensure the CPDMS is an accurate record of their CPD activities during the CPD year.
More information on the CPDMS.
If you do not have your log-in or password details please click on the “login now” button on the website front page and follow the prompts.
How do I know if an event is held by an accredited QA provider? How do I know if an event has been accredited?
See the list of accredited QA providers.
If an event is accredited as a single activity, the activity will be included in the list of approved single activities.
I attended a CPD activity through an accredited QA provider. Do I need provide the Board with a certificate of attendance?
No. The accredited QA provider is required to upload confirmation of your attendance, and associated CPD units/points, to the Board’s CPDMS.
What is an accredited CPD activity?
An activity that is conducted by an accredited QA provider or an activity conducted by a non-QA provider that has been accredited by the Board as a single activity.
I attended an accredited CPD activity. Why is it not showing in the Board’s CPDMS?
The CPD provider is required to upload confirmation of your attendance and associated CPD units/points, to the Board’s CPDMS.
Please contact the CPD provider directly to have the information uploaded to the CPDMS.
I am an accredited QA provider and I’m having problems uploading information into the CPDMS.
Information on logging into the CPDMS, and uploading information into the CPDMS can be found here.
I am a practitioner. Can I upload my own points into the CPDMS?
No. Please contact the QA provider directly if you are missing points. The QA provider is required to upload confirmation of your attendance to the Board’s CPDMS.
If you wish to claim points for an activity that is not an accredited activity, you will need to apply for accreditation of that activity.
A barrister can submit CPD Form 3B - Application for Accreditation of a CPD Activity by a Barrister.
Any other legal practitioner can submit CPD Form 3S - Application for Accreditation of a CPD Activity by a Solicitor.
The applicable fee for both forms is $60.00. Use the LPB Payment Form for payment.
What happens if I want to claim points for an activity that is not an accredited activity?
A barrister can submit CPD Form 3B - Application for Accreditation of a CPD Activity by a Barrister.
Any other legal practitioner can submit CPD Form 3S - Application for Accreditation of a CPD Activity by a Solicitor.
The applicable fee for both forms is $60.00. Use the LPB Payment Form for payment.
What is the maximum amount of CPD hours that can be claimed through a single CPD activity?
Under the Uniform Law there is no longer a maximum amount of CPD hours that can be claimed for a single CPD activity.
What should I do if I am practising overseas?
If a legal practitioner has completed CPD overseas, a CPD Form 4 - Application for Variation of CPD Condition should be completed.
The applicable fee is $60.00. Use the LPB Payment Form for payment.
This form can be lodged at any time during the relevant CPD period once you have completed all your required CPD units. However, you are encouraged to submit the form as soon as you believe have complied with your CPD requirements.
Further, you are encouraged to submit this form before 31 March of the CPD year, to allow time for you to complete further units or points should an assessment of your activities indicate that you have not complied with your requirements.
It may take up to 8 weeks for your form to be processed.
Please note: if CPD points have been undertaken through an approved QA provider, a CPD Form 4 will not be required.
I presented a CPD presentation. How many points can I claim?
Rules 8 and 9 of the Solicitors’ CPD Rules provide that a practitioner can claim a maximum of 5 hours of CPD for the preparation or presentation by a solicitor of written or oral material to be used in a CPD activity, or in other forms of education provided to solicitors or to other professionals, or to other persons including those undertaking practical or supervised legal training.
These units are allocated by the CPD provider.
Rules 6A and 7 of the Barristers’ CPD Rules provide that a practitioner can claim one CPD point for each completed hour of engagement in a CPD activity including the preparation or presentation by a barrister of written or oral material to be used in a CPD activity, or in other forms of education provided to barristers or to other professionals, or to other persons including those undertaking practical or supervised legal training.
These points are allocated by the CPD provider.
Is a publication an approved CPD activity?
For barristers, rule 8.1.2 of the Barristers’ CPD Rules provides the research, preparation or editing by a barrister of:
- an article published in a legal publication (including a loose-leaf service)
- a legal article published in a non-legal publication
- a book related to the law
- a law report
may attract 1 CPD unit for each 1,000 words of the article.
A barrister can submit a CPD Form 3B - Application for Accreditation of a CPD Activity by a Barrister.
The applicable fee is $60.00. A Use the LPB Payment Form for payment.
For other legal practitioners, rule 8.1.2 of the Solicitors’ CPD Rules provides that the research, preparation or editing by a solicitor of:
- an article published in a legal publication
- a legal article published in a non-legal publication
- published Law Reports or other legal services
may attract 1 CPD unit for each 1,000 words of the article.
They can submit a CPD Form 3S - Application for Accreditation of a CPD Activity by a Solicitor.
The applicable fee is $60.00. Use the LPB Payment Form for payment.
It may take up to 8 weeks for your form to be processed.
Can I complete all my requirements online?
Yes, a practitioner may complete all CPD units/points online, providing at least 6 involve an interactive activity (please note, there are no longer any COVID-19 exemptions to this requirement).
An activity is considered interactive if there is a testing component during the activity, or if it is a live webinar, or if it requires face-to-face interaction where questions may be asked.
I have not met my CPD requirements, what do I do now?
The Board will assess compliance with the CPD requirements using the CPD Management System (CPDMS).
Practitioners who are not compliant with their CPD obligations will be required to rectify the situation by completing additional CPD activity in the following CPD year.
These additional CPD requirements are imposed as a discretionary Additional CPD Condition on the practitioner’s Australian practising certificate.
You will be contacted by the Board at the conclusion of the CPD year if you have not met your CPD requirements.
Am I required to still complete all CPD requirements if I work part-time only or are employed in a non-legal role?
Yes. If you have chosen not to practice, are employed in a non-legal role or work part- time and hold an Australian practising certificate, you are still required to complete all CPD requirements.
Please see the Board’s CPD Guidelines for further information on reduced hours of practice and unemployment. These exemptions apply in limited circumstances.
How many points am I required to complete if I am on parental leave or taking extended leave?
The requirement to complete CPD is a condition on an Australian practising certificate, and continues as long as a practitioner holds an Australian practising certificate, unless an exemption is granted by the Board.
A practitioner on parenting leave, or another form of absence from legal practice that may warrant a reduction of CPD points, such as illness, needs to inform the Board of the absence and submit a CPD Form 4 - Application for Variation of CPD condition.
It may take up to 8 weeks for your form to be processed.
Please see the Board’s CPD Guidelines for further information on extended leave.
I did not complete my CPD by the end of the CPD period (31 March). However, I did complete it the first week of April. Can these activities be included in my compliance?
No. CPD activities completed after 31 March form part of a practitioner’s CPD compliance for the next CPD year commencing 1 April.
What if I began the CPD activity before 31 March, but completed the activity after 31 March? Will these points be recognised?
No. The activity must be fully completed by 31 March.
Can points I earned between 1 January 2022 and 31 March 2022 count for the CPD period ending 31 March 2023?
No. However, rule 11 of the Solicitors’ CPD Rules provides that a “ maximum of 3 CPD units accrued in the period 1 January to 31 March in any CPD year may be carried forward into the following CPD year but can only be counted in one CPD year.”
Please note that the Barristers’ CPD Rules do not enable the carry forward of CPD points from one CPD year to the next.
I hold an Australian practising certificate, but I have not been practising. Do I still need to complete CPD?
Yes. If a practitioner holds an Australian practising certificate, then the practitioner must comply with the CPD condition, unless an exemption has been granted.
Please see the Board’s CPD Guidelines for further information on when an exemption may be granted.
If I have submitted an application to the Board but it has not been assessed, can I count this as CPD completed?
No, CPD activities can only be included once you have received approval from the Board.
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