CPD Points & MCLE Requirements for NSW lawyers
NSW Solicitors
NSW solicitors can earn 1 CPD unit per hour and all 10 CPD units each year by completing LawCPD’s online CPD courses.
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CPD Rules for NSW Solicitors
The Law Society of NSW continuing professional development requirements are set out in Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (formerly MCLE Rule 57). Complying with the requirements of the NSW legal CPD scheme is a mandatory condition for the renewal of a NSW practising certificate.
Recognised CPD Activities
Under the Law Society of NSW CPD scheme, a legal CPD activity must be an activity:
- of significant intellectual or practical content and must deal primarily with matters directly related to the practice of law;
- conducted by persons who are qualified by practical or academic experience in the subject covered;
- that extends the solicitor’s knowledge and skills in areas that are relevant to the solicitor’s practice needs or professional development.
A legal CPD activity must consist of one of the activities set out in CPD Rule 8.1 to comply with the Law Society of NSW legal CPD scheme.
LawCPD’s online legal CPD courses are classified as an interactive web based program under legal CPD Rule 8.1. This means that NSW solicitors can earn 1 legal CPD unit per hour and all 10 legal CPD units annually by completing LawCPD’s online legal CPD courses.
Annual CPD Requirements
According to the Law Society of NSW legal CPD scheme, solicitors must earn 10 CPD units every legal CPD year (1 April – 31 March annually).
Solicitors may determine which field a legal CPD activity fits according to the context and content of the activity. LawCPD has allocated fields (or competency areas) to all of the online CPD courses on the LawCPD site to assist solicitors with this task.
Under CPD Rule 6.1 NSW solicitors must earn a minimum of 1 legal CPD unit from each of the following four compulsory fields:
Record Keeping and Auditing
What records should I keep?
Under the Law Society of NSW legal CPD scheme, solicitors must maintain a record of their own legal CPD activities. Solicitors should also keep supporting documentation of their legal CPD activities for at least 3 years.
Solicitors will be required to declare whether or not they have complied with the Law Society of NSW legal CPD scheme when they renew their practising certificates.
For full details of the Law Society of NSW legal CPD scheme and the CPD requirements for NSW solicitors, visit the Law Society of NSW website.
Will I get audited?
The Law Society of NSW CPD audit occurs annually. The Law Society audits solicitors’ CPD records to monitor compliance with the NSW legal CPD scheme. Solicitors who are chosen as part of the audit are required to submit details of their legal CPD activities to establish proof of compliance with the NSW legal CPD scheme.
How does LawCPD help me with my compliance?
LawCPD provides solicitors with a personalised page (MyCPD) which tracks all their learning in real time and provides a record of all legal CPD units earned through LawCPD. Solicitors can print a copy of this page and provide it to the Law Society of NSW in the event that they are audited for compliance with the NSW legal CPD scheme.
LawCPD also provides printable certificates for each online legal CPD course completed which can be downloaded from the MyCPD page. These certificates may also be provided to prove compliance with the NSW legal CPD scheme if the solicitor is audited by the Law Society of NSW.
NSW Barristers
NSW barristers can earn 1 CPD unit per hour and all 10 CPD units each year by completing LawCPD’s online CPD courses.
CPD Rules for NSW Barristers
The CPD scheme for NSW Barristers is set out in the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015 (NSW Barristers' CPD Rules). Under this scheme, barristers are required to earn 10 legal CPD points each year.
Recognised CPD Activities
Under NSW Barristers' CPD Rules, a legal CPD activity must be:
- of significant intellectual or practical content and must deal primarily with matters directly related to the practice of law;
- conducted by persons who are qualified by practical or academic experience in the subject covered; and
- relevant to a barrister's immediate or long term needs in relation to the practitioner's professional development and practice of the law.
Barristers earn 1 legal CPD point for each completed hour of engagement in a legal CPD activity, provided it meets the above criteria. The NSW Bar Association has noted that engaging in a legal CPD activity includes watching an online video or engaging in a web based program
LawCPD's online legal CPD seminars all meet the criteria set out under the above mentioned rules, which means NSW barristers may claim 1 CPD point for each 1-hour online legal CPD seminar completed. There is no cap on the number of hours barristers may earn by completing LawCPD's online legal CPD seminars. This means NSW barristers can earn all 10 legal CPD points each year by completing LawCPD's online legal CPD seminars.
Annual CPD Requirements
According to the NSW Barristers' CPD Rules, barristers must earn 10 legal CPD points every CPD year (1 April – 31 March annually).
LawCPD has allocated CPD competency areas to all of its online legal CPD seminars to assist practitioners with the task of identifying which online CPD courses fall within the different competency areas.
NSW barristers must earn a minimum of 1 legal CPD point from each of the following four mandatory areas:
Record Keeping and Auditing
What records should I keep?
Under the NSW Barristers' CPD Rules, barristers must maintain a record of their own legal CPD activities. Barristers should also keep supporting documentation of their legal CPD activities for at least three years after the CPD year in which they engaged in those activities.
Barristers will also be required to declare whether or not they have complied with the NSW Barristers' CPD Rules when they renew their practising certificates.
For full details of the Bar Association of NSW CPD scheme and the CPD requirements for NSW barristers, visit the NSW Bar Association website.
Will I get audited?
The NSW Bar Association may conduct an audit to monitor compliance by NSW barristers with these legal CPD rules. The NSW Bar Association may require a barrister to produce records establishing they have complied with the legal CPD rules within 21 days of receiving notice.
How does LawCPD help me with my compliance?
LawCPD provides barristers with a personalised page (MyCPD) which tracks all their learning in real time and provides a record of all legal CPD points earned through LawCPD. Barristers can print a copy of this page and provide it to the NSW Bar Association in the event that they are audited for compliance with the NSW Barristers' CPD Rules.
LawCPD also provides printable certificates for each online legal CPD seminar completed which can be downloaded from the MyCPD page. These certificates may also be provided to prove compliance with the NSW Barristers' CPD Rules if the barrister is audited by the NSW Bar Association.