Summarised below are MCLE rules across Australia. These are provided as a summary guide only and you should consult you relevant State governing body.
New South Wales
The NSW continuing legal education scheme for solicitors is set out in MCLE Rule 42of the Solicitor’s Rules and Regulation 176 of the Legal Profession Regulation 2005.
Pursuant to Rule 42, practitioners are required to complete 10 CPD points each year (1 April to 31 March).
At least one CPD point every year must be included in each of the following areas:
- Ethics and Professional Responsibility
- Practice Management and Business skills
- Professional Skills
Regulation176 of the Legal Profession Regulation 2005 requires that every three years at least one additional CPD point must be gained in relation to the management of the practice of law, dealing predominantly with the following issues:
- equal employment opportunity
- discrimination and harassment
- occupational health and safety law
- employment law.
However note that units undertaken to comply with Regulation 176 may be claimed towards the mandatory areas of Ethics and Professional Responsibility or Practice Management and Business Skills.
Ways of meeting MCLE (CPD) obligations include : attending seminars (one CPD point per hour, excluding time for refreshments; private study of video or audio (one CPD point per hour to maximum of 5 CPD units); presentation of papers at conferences, conventions or seminars ( one CPD point per hour to a maximum of 5 CPD units).
For further information visit NSW Law Society
Victoria
The CPD requirements for Victorian solicitors are governed largely by the Continuing Professional Development Rules 2008 (made under the Legal Profession Act 2004).
All legal practitioners holding a Victorian Practising Certificate are required to complete 10 hours of CPD activities every CPD year (1 April to 31 March). The points requirement applies even if the holder practises interstate or overseas.
CPD points can be gained by:
- Attending seminars and lectures ( 1 CPD point per hour , maximum 6 points per day)
- Preparing and presenting law seminars (1 CPD point per hour, maximum 5 points)
- Publishing articles in law journals (1000 words provides 1 CPD point, maximum 5 points)
- Private study of video and audio tapes (1 CPD point for 1 hour of private study, maximum 5 points)
- Member of relevant legal committee or taskforce (1 CPD point for two hours or more work, maximum 3 to 5 units)
For further information visit Legal Services Board and Law Institute of Victoria.
Queensland
CPD requirements are found in The Queensland Law Society Administration Rule 2005 (Part 6), enforced by the Legal Profession Act 2007.
Failure to comply with the requirements of the CPD scheme may amount to unsatisfactory professional conduct and/or professional misconduct under the Legal Profession Act 2007 (Qld).
Each CPD year (1 April – 31 March), a practitioner must, unless exempted in whole or in part, complete at least 10 CPD points.
As part of a practitioner’s CPD obligations ,at least 1 CPD point in each of the following core areas:
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- Practical Legal Ethics
- Practice Management and Business Skills
- Professional Skills
Points can be gained by methods including:
- Attending seminars, conferences, workshops and lectures, including video conference and
web streamed seminars (1 CPD point per hour, unlimited)
- Viewing ‘real-time’ DVD resources of seminars (for example, LawSense seminar DVD’s) [create link] (1 CPD point per hour, unlimited)
- Preparing law lectures ( 1 CPD point per hour, maximum 5 units)
- Presenting law lectures (1 CPD point per hour, unlimited)
- Postgraduate studies (eg Masters in law) (5 CPD points per subject, unlimited)
- Formal discussion groups (1 CPD point per hour, unlimited
- Writing articles published in law journals, newsletters or other approved publications (1 CPD point per 1000 words, maximum 5 units)
- Member of relevant committee or taskforce (1 point per 2+ hours, maximum 3 points)
- Online learning packages (1 CPD point per hour unlimited)
For full details on the Queensland CPD rules please visit the Queensland Law Society.
Western Australia
CPD requirements are found in the Legal Profession Rules 2009.
Each certified practitioner and government lawyer is required to complete 10 CPD points per year (1 April to 31 March) across three competency areas:
- Competency Area 1 – Legal Skills and Practice
- Competency Area 2 – Ethics/ Professional Responsibility
- Competency Area 3 – Substantive Law
The Rules generally require that:
- practitioners who, at the beginning of the relevant certificate year, have been in practice for 5 years or more must obtain a minimum of 2 points in each of competency area 1 and competency area 2;
- practitioners who, at the beginning of the relevant certificate year, have been in practice for less than 5 years must accumulate a minimum of 4 points in each of competency area 1 and competency area 2 ;
- a minimum of 8 CPD points must be accumulated by participating in Group Activity. [check]
- practitioners, may claim 0.5 CPD points for each complete 60 minutes of individual activity, including audio recordings, up to a maximum of 2 points per CPD year
For full details on the Western Australian CPD rules please visit the Legal Practice Board of Western Australia
South Australia
A mandatory continuing legal education scheme for SA practitioners commenced on 1 April 2011. Compliance with the scheme requirements is a condition for the renewal of a practicing certificate pursuant to Legal Practitioners Act 1981.
The scheme requires all legal practitioners to complete 10 CPD units of CPD activity over the course of the CPD year (1 April to 31 March)
Of the 10 CPD units, a practitioner must complete at least one unit of each of the following required CPD activities:
• practical legal ethics;
• practice management or business skills;
• professional skills.
CPD points can be gained from:
A unit of CPD includes:
(a) seminars, workshops or conference ( 1 CPD unit per hour, unlimited)
(b) viewing, listening, preparing recorded material ( 1 CPD unit per hour, maximum 5 units)
(c) publishing, editing, refereeing an article (1 CPD unit per 1000 words, maximum 5 units)
(d) attendance at meetings (1 CPD unit per 2 hours, maximum 5 units)
For full details of the South Australian CPD rules please visit the Law Society of South Australia.
Australian Capital Territory
The ACT Law Society continuing legal education scheme for ACT practitioners commenced on 1 July 2010.
Compliance with the scheme is a condition for the renewal of a practicing certificate pursuant to the Legal Profession Act 2006 (ACT).
A practitioner must earn 10 legal CPD units each CPD year (1 April – 31 March).
A practitioner must earn a minimum of 1 legal CPD unit from each of the following three mandatory core areas:
- Practical Legal Ethics;
- Practice Management and Business Skills; and
- Professional Skills.
A CPD activity must consist of one of the activities set out in clause 2.8 of the ACT Law Society legal CPD Scheme, which includes:
- attendance at a seminar workshop lecture, conference, educational program, course or discussion group (1 CPD point per hour, unlimited).
- viewing, listening to, or preparing material for recorded material ( 1 CPD point per hour, maximum5 points).
For full details of the Australian Capital Territory CPD rules please visit the ACT Law Society.