Legal Compliance

Frequently Asked Questions

• Are CPD activities accredited?

  No. CPD requirements are self-assessed – you must determine whether the CPD activities you undertake comply with the CPD rules.

• How do I assess whether a CPD activity complies with the rules?

  CPD content – see rule 7

  To comply with the rules, the content of a CPD activity must:

  • be of significant intellectual or practical content, and deal primarily with matters relating to your practice of law
  • be conducted by persons who are qualified in the subject covered
  • extend your knowledge and skills in areas that are relevant to your practice needs or professional development

  CPD format – see rule 8

  A CPD activity includes:

  • a seminar, workshop, lecture, conference, discussion group, multimedia or web-based program or any other educational activity
  • private study of audio/visual material, if it is specifically designed to update your knowledge &/or skills relevant to your practice needs – see rule 8.2
  • the research, preparation or editing of a legal article
  • preparation &/or presentation of a CPD activity
  • membership of a legal committee, taskforce or practice section, if the work is of substantial significance to the practice of law and assists your professional development
  • postgraduate studies relevant to your practice needs
• How do I calculate CPD units – what is the maximum number of units I can undertake?

  (Rule 9) – calculation of CPD units and maximum number of units that can be claimed

  Applicable rules	CPD activity format	Calculation of 1 CPD unit for the format	Maximum that can be undertaken for the format
  8.1.1 & 9.1.1	seminar, workshop, lecture, conference, discussion group, multimedia or web-based program etc.	1 hour	no limit
  8.1.1 & 9.2.4	private study of audio/visual material	1 hour	No limit for the 2019/20 and 2020/21 practising years due to COVID-19
  8.1.2, 9.1.2 & 9.2.1	research, preparation or editing of a legal article	1000 words	5 units
  8.1.3 & 9.2.2	preparation or presentation of CPD activities	1 hour	5 units
  8.1.4, 9.1.3 & 9.2.3	membership of a legal committee, taskforce or practice section	2 hours	3 units
  8.1.5 & 9.1.1	post-graduate study	1 hour	no limit

• Does Specialist Accreditation count as a CPD Activity?

  If you successfully complete an assessment for specialist accreditation, you will be deemed to have completed 10 CPD units in the year of completion –see rule 9.3

• Is there a limit to how many webinars or online activities I can undertake?

  It depends.  If you participate in a webinar or other online CPD activity in real time, or view it as part of an interactive discussion group or similar, there is no limit to how many units you can undertake in this format. 

  However, if you view or listen to any CPD activity on your own, this activity is classed as private study of audio/visual material and a maximum of 5 CPD units applies.

  For the 2019/20 and 2020/21 practising years, the cap on private study of 5 hours has been removed due to face-to-face CPD events being cancelled and the need to practise social distancing and/or working remotely due to COVID-19.

• Do I have to comply if I have not held a practising certificate for the full CPD year?

  Yes, but your CPD requirements are reduced on a pro rata basis as follows, depending on which month you commenced (or recommenced) holding a practising certificate – see rule 10:

  Month of (re)commencement of practicing certificate	CPD requirements for the year ending 31 March
  April	10 units
  May	9 units
  June	8 units
  July	7 units
  August	6 units
  September	5 units
  October	4 units
  November	3 units
  December	2 units
  January	1 unit
  February	0 units
  March	0 units

  If your requirements are reduced on a pro rate basis under rule 10, the compulsory fields must be completed as part of the remaining CPD units – see rule 6.2

• Do I have to comply if I am a volunteer, or practise interstate or overseas?

  Yes. If you hold a practising certificate in Victoria, you need to comply with the CPD requirements, unless a whole or partial exemption has been granted.

• Can I carry over CPD units from one year to the next?

  Yes. You may carry forward a maximum of 3 CPD units accrued between 1 January and 31 March in any CPD year into the following CPD year, but they can only be counted in one CPD year – see rule 11.

• Are there record keeping requirements?

  Yes. You must keep a record and evidence in support of the CPD activities you complete each CPD year – see rule 12.1

  If you are an LIV Member, you can maintain your CPD record online by accessing the My LIV member portal.

  You can also maintain your CPD record using the Record of Engagement in CPD Activities (PDF).

• Does the LIV keep track of the CPD activities I undertake through the LIV?

  Yes, if you are an LIV member, all CPD activities you complete at the LIV will be uploaded to your online CPD record and can be relied on as evidence in support.  You can access this online record via the My LIV member portal, and can also use it to record non-LIV CPD activities, but will need to retain evidence in support of those activities separately.

• How long do I have to keep my CPD records and evidence?

  At least 3 years after the end of the CPD year to which the records and evidence in support relate – see rule 12.2

• I cannot undertake CPD activities in person – how can I access webcasts and online CPD?

  Some of the LIV's CPD programs are available to attend via webcast. See our current activities here.

  The LIV also has a wide range of legal education videos available to view online. The the range here.

• Are there low cost CPD activities available?

  The LIV offers CPD to members at a discounted rate, see our professional development programs here.

  The LIV also offers the LIVing Ethics online video at no cost to eligible LIV members:

  • All practicing members
  • Affiliate interstate members
  • Affiliate overseas members
  • Honorary members

  Additionally, Suburban and Country Law Associations provide some CPD activities at low cost – for information about your local association, see here.

• Is mentoring a CPD activity?

  Mentoring is not a CPD activity unless it meets all of the requirements of rule 7 and you have sufficient evidence in support to establish this

• Do I have to complete a Training Plan upon recommencing practise after an extended absence?

  The CPD rules no longer require you to undertake a formal CPD Training Plan upon your return to practice after an extended absence.  However, the Victorian Legal Services Board may determine that you need to undertake additional CPD activities to ensure your skills and knowledge are up-to-date following an extended absence from practice, as part of its assessment of your suitability to hold a practicing certificate.