Mandatory Continuing Professional Development

The Mandatory Continuing Professional Development (MCPD) scheme for South Australian legal practitioners commenced in 1 April 2011. Pursuant section 14c of the Legal Practitioners Act 1981, complying the requirements of the MCPD scheme is mandatory for the renewal of practising certificate.

Legal practitioners must complete 10 CPD units during MCPD year (from 1 April to 31 March the following year), with at least one CPD unit from each of the required areas:

• Practice Management and Business Skills
• Bullying, Discrimination and Harassment (BDH)
• Professional Skills
• Practical Legal Ethics

MCPD Compliance

Definitions

Act: Legal Practitioners Act 1981 (SA)

Board: Board of Examiners

Court: Supreme Court of Australia

MCPD Year: 1 April to the following 31 March

Legal Practitioner: A person who: (a) has been admitted to legal practice; and (b) holds or held at the material time, a Practising Certificate issued pursuant to the Act.

LPEAC Rules: Legal Practitioners Education and Admission Council Rules

The Society: The Law Society of South Australia

Scheme: The MCPD Scheme

MCPD Calendar - Important Filing Dates

31 March: Final day to complete MCPD units.

1 April: First day of the new MCPD period.

14 April: Final day to:

• complete and submit online submission to certify MCPD compliance; or
• lodge a form to declare you completed the Rectification Plan.

31 May: Final day to complete rectification of MCPD non-compliance.

• lodge a form to declare you completed the Rectification Plan.

7 June: Final day to complete online submission to confirm completion of rectification of MCPD non-compliance.

• lodge a form to declare you completed the Rectification Plan.

1 July: Start of new practising certificate year.

The MCPD Scheme

All individual legal practitioners MUST complete 10 units of CPD activity (which includes the 4 required units) over the course of the MCPD year (1 April – 31 March) as a condition of every Practising Certificate issued to an individual in South Australia.

Failure to comply with the MCPD condition of your Practising Certificate is a serious matter, for the following reasons:

• It is a breach of a condition of your practising certificate;
• It will jeopardise the issue or renewal of your Practising Certificate;
• Continued failure to comply with the MCPD requirements may be capable of constituting unsatisfactory conduct or unprofessional conduct (depending on the nature and circumstances of the breaches) under the Act.

Definition of a CPD Activity

A CPD activity is an activity dedicated to professional development and is not merely engaging in legal practice. Generally, it is a matter for each legal practitioner to choose the subject matter of each activity undertaken, as long as it qualifies as a CPD activity.

A CPD activity is one which:

• has significant intellectual or practical content primarily related to the practice of law;
• is conducted by persons qualified by practical or academic experience in the subject; and
• is relevant to the immediate or long-term professional development needs of the legal practitioner undertaking it.

What qualifies as a CPD unit?

• 1 unit of CPD = 1 hour of CPD activity for:
  • Attendance at or presenting material for, a seminar, workshop, lecture, conference, educational program or course or discussion group: or
  • Viewing or listening to material for, a multi-media, web-based or recorded program; or
  • Preparing material for any seminar, workshop, lecture, conference, educational program, course, discussion group or a multi-media, web-based or recorded program;

• 1 unit of CPD = 1000 words of CPD activity for:
  • Publishing, or substantively editing or refereeing an article in a legal or non-legal publication.

• 1 unit of CPD = 2 hours CPD activity for:
  • Regular attendance at meetings, and participation as a member, of a committee or other body undertaking work of substantial significance to the practice of the law and which is reasonable likely to assist the attender's professional development.

The Required CPD Units

Of the 10 CPD units each individual legal practitioner must complete, at least 1 (one) unit of each of the following required CPD activities must be completed each MCPD year:

• Practice Management and Business Skills;
• Bullying, Discrimination and Harassment (BDH)
• Professional Skills
• Practical Legal Ethics

Limits on certain forms of CPD activity

• Viewing or listening to material for, a multi-media, web-based or recorded program* - maximum 5 CPD units per MCPD year;
• Preparing material for any seminar, workshop, lecture, conference, educational program, course, discussion group or a multi-media, web-based or recorded program - maximum of 4 CPD units per MCPD year;
• Publishing, or substantively editing or refereeing an article in a legal or non-legal publication - maximum of 5 CPD Units per MCPD year;
• Regular attendance at meetings, and participation as a member, of a committee or other body undertaking work of substantial significance to the practice of the law and which is reasonable likely to assist the attender's professional development - maximum of 5 CPD units per MCPD year.

*Please note: where a practitioner can participate interactively with the presenter, e.g. Webinar – such activity will be considered as an ‘attendance’ for the purposes of Appendix C, Clause 1.2(d)(i) of the LPEAC Rules 2018.

CPD units completed in January, February or March of a MCPD year and that are in excess of what the practitioner requires for that CPD year may, at the election of the practitioner, be assigned in whole or in part to the next MCPD year. It is the responsibility of the practitioner to keep record of which units they carry forward.

Different Types of CPD Activity

A CPD activity involves participation in, or preparation of material for others in one of the following forms (provided in each case it complies with the characteristics outlined at 4 above):

• Attendance at or presenting material for, a seminar, workshop, lecture, conference, educational program or course or discussion group; or
• Viewing or listening to material for, a multi-media, web-based or recorded program; or
• Preparing material for any seminar, workshop, lecture, conference, educational program, course, discussion group or a multi-media, web-based or recorded program; or
• Publishing, or substantively editing or refereeing an article in a legal or non-legal publication; or
• Regular attendance at meetings, and participation as a member, of a committee or other body undertaking work of substantial significance to the practice of the law and which is reasonable likely to assist the attender's professional development.

Examples of suggested topics that could, subject to satisfying the characteristics of a CPD Activity, be considered as required units.

These are suggestions only and not intended to be an exhaustive list of topics.

Practice Management and Business Skills

CPD activity that relates to the management and/or business and/or operational requirements of a law practice (in the course of legal practice) such as:

• Establishing a law practice;
• Closing a law practice;
• Succession planning;
• Use of practice management software/ IT/social media;
• Risk management;
• Human Resources/staff management/wellbeing;
• Business development Marketing/advertising;
• Financial management;
• Business structures/skills;
• Cyber-security/protecting confidential information;
• Trust accounting systems/software;
• Conflict checking systems;
• Protecting your intellectual property;
• OH&S requirements;
• Short term Insurance for the practice;
• Costs/billing systems;
• Time management/ productivity;
• Business policies and procedures; or
• Document/template management.

Bullying, Discrimination and Harassment (BDH)

CPD activity that relates to a practitioner's immediate or long-term professional development needs in areas such as:

• How to respond to and deal with BDH either as a witness or personally;
• Reporting BDH - what to do when either experiencing or witnessing;
• Providing support to someone experiencing BDH;
• Setting up systems to combat BDH and create safe reporting environments;
• Education on appropriate workplace conduct;
• Writing or substantively editing articles for publishing in legal or non-legal publications;
• R U OK Day activities.

Professional Skills

CPD activity that relates to a practitioner’s immediate or long term professional development needs and which extends their professional skills in that area such as:

• Procedures in the legal system;
• Legislative updates;
• Case law/precedent updates;
• Use of technology e.g. e-filing, use of court portal;
• Advocacy skills;
• Drafting skills;
• Interviewing skills;
• Letter-writing;
• Effective communication techniques with clients/client management; or
• Effective use of interpreters.

Practical Legal Ethics

CPD activity that relates to a practitioner’s compliance with statutory and professional obligations with regard to (but not necessarily limited to):

• Australian Solicitors Conduct Rules;
• Legal Practitioners Act;
• Legal Practitioners Regulations;
• Fiduciary duties;
• Common law ethical duties and obligations;
• Costs obligations; or
• Trust accounting obligations.

Reduced obligations where a Practising Certificate is held for only part of the MCPD year

Where an individual legal practitioner holds a practising certificate for less than a full MCPD 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:

1. 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;
2. 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.
3. 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. 
4. 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.

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 [email protected].

Inability to Comply - applying for exemption or reduction of CPD obligations based on 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:

MCPD Compliance

Please do not submit handwritten intimation forms through the online form above. Email handwritten intimation forms to [email protected].

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 [email protected].

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.

MCPD Compliance

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 [email protected].

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 [email protected].

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 [email protected].

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 [email protected].

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.

Further enquiries

Contact Ethics and Practice on (08) 8229 0229 or via email [email protected]