Explanatory note regarding approval as a QA provider of CPD 


The Legal Practice Board (Board) has set out the information required to approve an applicant to be a QA provider of continuing professional development activities in Western Australia in the CPD Form 1 Application for Approval as a QA Provider of CPD (Application).  

A QA provider may be responsible for the conduct of activities locally, interstate or overseas providing it fulfils the requirements for approval as set out in the conditions of approval by the Board.

A QA provider has three options when obtaining and then complying with its QA provider status in respect of activities being undertaken by an office, (or similar) in another Australian or international jurisdiction. 

Option 1 – local QA provider with responsibility 

A QA provider in Western Australia can obtain QA provider status for the WesternAustralian office and allocate CPD points to its local activities. It can also take responsibility for interstate or international seminars insofar as Western Australian practitioners of its office attend, and it can then allocate CPD points under its existing QA provider status to those interstate or international activities. 

Under this scenario an interstate or international office of a QA provider can undertake a CPD activity with Western Australian practitioners present, in which case the Western Australian practitioners may claim CPD points. The Western Australian office must take responsibility for CPD compliance in accordance with the approval issued by the Board. For example, the person responsible for CPD compliance by the Western Australian practitioners will be responsible for ensuring the following: 
 
  • The content, quality and relevance of the activity (to the legal profession and the professional development of the target audience) has been approved. 
  • The CPD points have been allocated to the appropriate CPD competency areas. 
  • The training will be conducted by persons who are qualified by practical or academic experience in the subject or subjects covered in the activity.
  • There will be an appropriate evaluation tool to assess the outcome of the activity. 
  • Appropriate arrangements have been made for maintaining and providing suitable and accurate records of attendance, including dealing with questions of privacy and the need for records to be made available to the Board for audit purposes. 
There is no need for the seminar to be notionally “hosted” by the Western Australian office.
 

Option 2 – Approval of individual activity by non-QA provider

A QA provider can have its QA provider status limited to the Western Australian office and may elect not to take responsibility for a seminar undertaken by an interstate or international office. If an interstate or international office of a QA provider wishes to have a particular activity approved for CPD points the usual application process for approval of a single activity will then apply for the interstate or international office (CPD Form 2 Application for Approval of a CPD Activity by a non QA Approved Provider).

It is also open for a practitioner of a local office to submit a CPD Form 3 Application for Approval of a CPD Activity by Practitioner for activities held in an interstate or international office. 


Option 3 – National or International QA provider accreditation 

A QA provider can have approval nationally or internationally. If this occurs the Western Australian requirements need to be complied with for every seminar conducted by every office where CPD points may be claimed. Invitations sent out by a national or international QA provider will need to clearly specify if CPD points are or, are not available to WA practitioners.  

The Board does not recommend this alternative because of the risks of noncompliance by a QA provider in an interstate or international office who is not aware of the Western Australian compliance requirements. The Board is aware of examples where law practices have inadvertently failed to comply with a Western Australian requirement because a Western Australian practitioner was sent an invitation by an interstate office which did not comply with
the Western Australian requirements and where it was not clear to that practitioner that CPD points were not capable of being allocated to the practitioner.

In the case of non-compliance where there is a national or international QA provider, lack of familiarity or understanding of the Western Australian requirements will result in a risk to the accreditation of the QA provider even at a Western Australian level.QA providers with national or international QA provider status should expect to be audited for compliance. 

Any questions regarding approved QA providers and the responsibilities associated with that approval should be directed to the Board’s CPD team on (08) 6211 3600 or by email to general@lpbwa.com.