7. Reduced obligations where a Practising Certificate is held for only part of the CPD year
Where an individual legal practitioner holds a practising certificate for less than a full CPD year the minimum CPD units in respect of that year are reduced proportionally in accordance with the following rules:
In accordance with Appendix C of the Rules of LPEAC:
- The total number of CPD units (10) shall be reduced by 1 unit for each whole calendar month of the CPD year for which the practitioner did not hold a practising certificate;
- The number of required CPD Units specified in paragraph 2.2 (4 units) shall be reduced by 1 unit for each 3 units reduced by (a) hereof.
- The number of CPD Units permitted at paragraph 2.3 (a) (5 units) and (b) (4 units) shall be reduced by 50% (rounded up to the nearest whole number) of the number derived under (a) hereof.
- The number of CPD Units permitted at paragraph 2.3(c) (5 units) shall be reduced by 1 unit for each 3 units reduced by (a) hereof.
To assist with understanding of the pro-rating system, please see the below table.
Where a practitioner holds a practising certificate for 2 months or less the practitioner will be deemed to have complied with the MCPD requirements for that CPD year and will not be required to submit a certificate of compliance for that year.
If you have any questions about this topic, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
8. Inability to Comply - applying for exemption or reduction of CPD obligations based on defined circumstances
Defined Circumstances:
- Illness or disability;
- The location of the practitioner’s legal practice in Australia;
- The temporary absence of the practitioner from ongoing legal practice (for example, by reason of a period of leave such as maternity leave); or
- Financial hardship; or
- Any other special circumstances.
Where during the CPD year defined circumstances exist or occur which prevents or impedes the practitioner's completion of the prescribed amount (10 units) of MCPD, the practitioner must lodge with the Society a statutory declaration as soon as practicable after it becomes apparent that the defined circumstances is likely to prevent the practitioner from completing the prescribed amount of MCPD.
It is not a defined circumstance for a practitioner to be temporarily absent from legal practice by reason of being engaged in employment unrelated to legal practice.
Parental Leave
A Guide for Applications for Reduced MCPD Due to Parental Leave is available by clicking here.
Complete the online application now by clicking on the below box:
Lodge Intimation Form for year ending 31 March
Please do not submit handwritten intimation forms through the online form above. Email handwritten intimation forms to ethicsandpractice@lawsocietysa.asn.au.
If you have any questions about this topic or require the forms in hard copy, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
9. Non-Compliance with MCPD Obligations by 31 March
Where a practitioner has not complied with their MCPD obligations by 31 March, they must:
- by 14 April lodge with the Society a statutory declaration setting out the extent of the non-compliance and the plan for rectification; the link to submit a declaration is available below.
- by 31 May complete the rectification;
- by 7 June lodge with the Society a statutory declaration setting out and confirming compliance with the rectification plan; the link to submit a declaration that you have completed the rectification plan is available below.
Lodge a MCPD Rectification Plan
Lodge a form to declare you completed the Rectification Plan
The Law Society may charge a practitioner who does not comply with a time limit, a reasonable fee for receipt and processing documents lodged after the expiry of the time limit.
If you have any questions about this topic, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
10. Renewal of Practising Certificate
Before a practising certificate will be renewed the practitioner must satisfy the Society that she/he has complied with their MCPD obligations for the preceding year as prescribed by Appendix C of the LPEAC Rules.
Where a practitioner fails to satisfy the Society of his/her compliance and the Society determines not to renew their practising certificate, the practitioner may within 7 days of notification of the determination make an application to the Board of Examiners.
If you have any questions about this topic, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
11. MCPD Audit
An individual practitioner must, in respect of each CPD year, maintain and retain for 3 years after the end of that CPD year:
- a written record of their CPD activities undertaken and of CPD units completed and of any activities undertaken pursuant to a condition imposed by the Board of Examiners pursuant to sub-rule 14(b)(1);
- material indicating the nature of each CPD activity undertaken and of any activity undertaken pursuant to a condition imposed by the Board of Examiners pursuant to sub-rule 14(b)(1);
- a record of the fact that the practitioner undertook each such activity.
The Society may request documents and evidence of participation in CPD activities undertaken during or in respect of a specific CPD year at any time within 3 years of completion of that CPD year.
Where the Society requests a practitioner to provide them with the practitioner's MCPD records and evidence of compliance, the practitioner must provide the information within 14 days of receipt of the written request. For more information, click here to access the MCPD Audit Guide.
If you have any questions about this topic, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
12. Reviews and Appeals
If you have any questions about this topic, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.
13. Regulations and Regulators
The Legal Practitioners Education and Admission Council make the LPEAC Rules and have overall responsibility for the Scheme. Those Rules are made by LPEAC pursuant to sections 14C and 17A of the Legal Practitioners Act 1981.
Rules 13 and 14, together with Appendix C to the LPEAC Rules 2018 contains the regulations which govern the mandatory CPD Scheme.
Role of the Society
The Scheme is regulated by the Law Society of South Australia which receives the requisite documentation from individual legal practitioners, determines in the first instance compliance with the Scheme, issues Practising Certificates and conducts audits as to compliance.
The Ethics and Practice Committee oversees the operation of the Scheme generally. It can review and receive referrals of decisions of the Society and offer guidance in respect of the operation of the Scheme.
The Board makes determinations whether a Practising Certificate should be suspended or cancelled and as to whether any special conditions should be imposed by reason of non-compliance; and reviews decisions of the Society and the Committee.
14. Further information
For any further information or assistance, please contact Ethics and Practice on (08) 8229 0229 or send an email to ethicsandpractice@lawsocietysa.asn.au.