Ten units, four fields
NSW solicitors must complete ten CPD units each CPD year, which runs from 1 April to 31 March. The ten must include at least one unit in each of four compulsory fields: ethics and professional responsibility; practice management and business skills; professional skills; and substantive law.
Up to three units completed between January and March can be carried over from the previous CPD year, but they cannot be counted twice.
Remember
- Ten units a CPD year, 1 April to 31 March.
- At least one unit in each of four fields.
- Carry-over is limited and cannot be double counted.
Facts and sources for this part
- NSW solicitors must complete ten CPD units each CPD year, which runs from 1 April to 31 March. [S1] [S2]
- The ten units must include at least one unit in each of four compulsory fields: ethics and professional responsibility; practice management and business skills; professional skills; and substantive law. [S1]
- Up to three units completed between January and March can be carried over from the previous CPD year, but not double counted. [S1]
Self-assessment, and no pre-approval
CPD is based on self-assessment. If you assess that an activity extends your knowledge and skills in areas relevant to your practice needs or professional development, you can claim it.
The Law Society of NSW says it has no process for pre-approving CPD providers or courses. Each solicitor decides how many units to claim for an activity, so a provider cannot promise that a course will count.
Remember
- You decide whether an activity counts and how many units to claim.
- There is no pre-approval step for providers.
- Be wary of any provider that promises otherwise.
Facts and sources for this part
- CPD is based on self-assessment: if you assess that an activity extends your knowledge and skills in areas relevant to your practice needs or professional development, you can claim it. [S1]
- The Law Society of NSW says it has no process for pre-approving CPD providers or courses; each solicitor decides how many units to claim for an activity. [S2] [S1]
Online programs: why interaction matters
A seminar, workshop, lecture, conference, discussion group, multimedia or web-based program earns 1 unit per hour, minus refreshment breaks, with no cap. Private study of audio or visual material is capped at 5 units.
The Law Society explains the difference: web-based programs offer opportunities to interact with the material, while private study of audio or visual material is passive. Its examples of interaction include quizzes, tests and polls that test knowledge, comprehension or ability to apply concepts, and scenarios that require a choice from various options to proceed.
This course has review questions after every lesson, scenario files that ask you to choose, and a final test with explained answers. Whether it counts as an interactive web-based program is your assessment to make.
Remember
- Interactive web-based programs: 1 unit per hour, no cap.
- Passive audio or visual private study: capped at 5 units.
- Quizzes and scenarios that ask for a choice are the Law Society’s own examples of interaction.
Facts and sources for this part
- Web-based programs are uncapped, while private study of audio or visual material is capped at 5 units. [S1]
- The distinction is interaction: web-based programs offer opportunities to interact with the material, while private study of audio or visual material is passive. [S1]
- The Law Society gives examples of interaction: quizzes, tests and polls that test knowledge, comprehension or ability to apply concepts, and scenarios that require a choice from various options to proceed. [S1]
- A seminar, workshop, lecture, conference, discussion group, multimedia or web-based program earns 1 unit per hour, minus refreshment breaks, with no cap. [S2]
Which field does a fraud course fit?
The Law Society’s examples for practice management and business skills include risk management, file management and effective use of technology. Providers may suggest a field, but it is up to the practitioner to decide which field an activity falls in.
A course about payment redirection, trust account scams and impersonation is mainly about managing risk in a practice, so practice management and business skills is a reasonable choice. Some of it, such as the duty to report trust money irregularities, could also be treated as ethics and professional responsibility. The Law Society notes that fields may be taught pervasively, for example ethics within a substantive law seminar. Your choice is your own.
Remember
- Practice management and business skills lists risk management and effective use of technology.
- Part of the content could also be treated as ethics.
- You pick the field when you record the activity.
Facts and sources for this part
- The Law Society’s examples for practice management and business skills include risk management, file management and effective use of technology. Providers may suggest a field, but it is up to the practitioner to decide which field an activity falls in. [S2]
Records, audit and declaration
You must keep a record of your activities and evidence that they were completed for at least 3 years. The Law Society audits solicitors every year and, if you are selected, you must provide your records and evidence within twenty one (21) days of its request.
You must also declare in each practising certificate renewal application whether you have complied with your CPD obligations. The certificate from this course has a ready entry for your record, with the study time measured by your browser and how the units were counted.
Remember
- Keep records and evidence for at least 3 years.
- An audit gives you 21 days to produce them.
- Your renewal application includes a CPD declaration.
Facts and sources for this part
- You must keep a record of your activities and evidence that they were completed for at least 3 years. [S1]
- The Law Society audits solicitors every year and, if you are selected, you must provide your CPD records and evidence within twenty one (21) days of its request. [S1]
- You must declare in each practising certificate renewal application whether you have complied with your CPD obligations. [S1]
Check what you have learned
Three questions from the test, each explained. Tap an answer.
Question 1 of 3
When does the NSW CPD year run?
Question 2 of 3
How many units can be claimed from private study of audio or visual material?
Show the answer
Right answer: A, Up to 5 units. Private study of audio or visual material is capped at 5 units. [S1]
Question 3 of 3
You are selected for the Law Society’s annual audit. How long do you have to provide your CPD records and evidence?
Show the answer
Right answer: C, 21 days. If selected, you must provide your CPD records and evidence within twenty one (21) days of the request. [S1]