CPD rectification
CPD rules
The Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015 and the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (Uniform CPD Rules) make provision for the Board to require a practitioner to certify compliance with continuing professional development requirements, and verify to the Board the practitioner has complied with continuing professional development requirements.
Rectification requirements
Under the Uniform CPD Rules the Board may require a practitioner to rectify any non-compliance with continuing professional development requirements if either, or both, of the following apply:
- at the time a practitioner makes an application for the grant or renewal of a practising certificate renewal, the practitioner is unable to certify compliance with CPD requirements
- a practitioner is unable to verify compliance with CPD requirements, (or is unable to establish satisfaction of CPD requirements).
Rectification time period
A requirement to rectify non-compliance can only be made in relation to the current CPD year or any of the three previous CPD years.
Rectification process
In respect to the rectification process a Rectification Plan means a plan approved by the Board to rectify a failure to comply with continuing professional development requirements.
If the Board requires a practitioner to rectify non-compliance:
- the practitioner may be provided with written notice requiring the practitioner to submit a Rectification Plan within 21 days (a practitioner may submit a Rectification Plan without being issued with a written notice, for example with their application for a practising certificate if the practitioner cannot certify that the practitioner has complied with CPD requirements)
- a Rectification Plan must identify how the practitioner intends to rectify non-compliance within 90 days of lodgement of the plan with the Board
- a Rectification Plan is to be approved by the Board
- when a practitioner has completed the outstanding CPD activities identified in the approved Rectification Plan, the practitioner must provide confirmation of this to the Board (this may include identifying compliance in the Board’s continuing professional development management system).
Consequences of not rectifying
Compliance with continuing professional development requirements is a statutory condition on a practising certificate.
The Uniform CPD Rules provide a discretion to allow a practitioner every opportunity to rectify any failure to comply with continuing professional development requirements.
A practitioner may apply for an exemption from continuing professional development requirements. Further information on exemptions is in the Board’s continuing professional development guidelines. However, all practitioners who remain non-compliant at the end of the rectification process may be referred to the Board for consideration as to what, if any, further regulatory action is required.
Failing to meet outstanding continuing professional development obligations or, at least, establish a Rectification Plan, may mean that a practising certificate will not be issued on 1 July (the commencement of the next practising certificate year). Refusal to comply with continuing professional development requirements, including failure to comply with rectification requirements may result in the Board imposing a condition on a practising certificate, and may be grounds for other conditions being imposed, suspension or cancellation of a practising certificate. A breach of the Uniform CPD Rules, and the Board’s requirements in relation to continuing professional development, may also constitute unsatisfactory professional conduct or professional misconduct.
Further enquiries
Please direct any other enquiries about continuing professional development rectification to the Board’s Enquiries Team.
T: 08 6211 3600
E: enquiries@lpbwa.com