CPD Rectification

CPD Rules

Legal Profession Uniform Continuing Professional Development (Solicitors’) Rules 2015 commenced on 1 July 2015, pursuant to Parts 9.1 and 9.2 of the Uniform Law.

CPD Policy

The VLSB has developed a CPD policy to assist lawyers to comply with the CPD Rules.

Rectification Requirements

Under rule 15, the VLSB may require you to rectify any non-compliance with CPD requirements if:

  • at practising certificate renewal, you are unable to affirm your compliance in the annual CPD certification
  • you are selected for CPD verification and are unable to establish that you have satisfied the requirements of the CPD rules.

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

If the VLSB requires you to rectify your non-compliance:

  • the LIV, as the VLSB delegate for CPD regulatory functions, will provide you with written notice requiring you to submit a rectification plan within 21 days
  • your rectification plan must identify how you intend to rectify your non-compliance within 90 days
  • when you have completed the outstanding CPD activities identified in your rectification plan, you must provide confirmation of this to the LIV.

Download a CPD Rectification Plan template

Consequences of Not Rectifying

Compliance with the CPD rules is a statutory condition of your entitlement to hold a practising certificate.

Rule 15.5 provides a discretion to allow you every opportunity to rectify any failure to comply or, if appropriate, apply for an exemption. However, all lawyers who remain non-compliant at the end of the rectification process may be referred to the VLSB for consideration as to what, if any, further regulatory action is required.

Contravention of a practising condition may be grounds for the variation, suspension or cancellation of your practising certificate. A breach of the CPD Rules may also constitute unsatisfactory professional conduct or professional misconduct.

Further Inquiries

Please direct any other inquiries about CPD rectification to the LIV’s Compliance team.

T: 03 9607 9328
E: compliance@liv.asn.au