AUSTRALIAN BAR ASSOCIATION
Proposed Continuing Professional
Development Rules:
Barristers
24 November 2014
Object of these Rules
1.
These Continuing Professional Development Rules require barristers to comply with
provisions for continuing professional development and may provide for any aspect
of continuing professional development.
It is a statutory condition of an Australian practising certificate granted in this
jurisdiction that the holder must comply with the applicable requirements of the
Continuing Professional Development Rules.
Definitions
2.
In these Rules:
“Bar” means the Victorian Bar Inc and the New South Wales Bar Association;
“Barrister” means an Australian legal practitioner whose Australian practising
certificate is subject to a condition that the holder is authorised to engage in legal
practice as or in the manner of a barrister only;
“CPD” means continuing professional development;
“CPD activity” means a continuing professional development activity within the
meaning of Rule 3.
“CPD point” means a point allocated to a CPD activity pursuant to these Rules.
“CPD program” means a seminar, course or other activity, which satisfies rule 3 and
includes the Bar CPD program.
“CPD year” means the year commencing 1 April and ending on 31 March the
following year.
“Designated local regulatory authority” means the Bar Council of the New South
Wales Bar Association in New South Wales and means the Legal Services Board or
its delegate in Victoria.”
CPD Activity for barristers
3.
CPD activities must be:
(a)
Of significant intellectual or practical content and must deal primarily with
matters related to the practice of law; and
(b)
Conducted by persons who are qualified by practical or academic experience
in the subject covered; and
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(c)
Relevant to a practitioner’s immediate or long term needs in relation to the
practitioner's professional development as a barrister and practice of the law.
Individual barristers are responsible for ensuring that the CPD activity in question
meets the CPD criteria, prior to claiming CPD points for that CPD activity.
Each designated local regulatory authority has the power to make policies pertaining
to these CPD rules including:
4.

the power to impose a cap on the points that may be gained in any one CPD
activity

the format of CPD activity

the audit process

the rectification plans for non-compliance
One CPD point is earned for each completed hour of engagement in a CPD activity.
Annual Requirements
5.
Unless exempted in whole or in part by the designated local regulatory authority
under rule 10, or unless a pro rata calculation applies under this rule, a barrister must
in each CPD year engage in CPD activities sufficient to earn at least ten CPD points.
Barristers who commence or recommence practice after the start of the CPD year
may have their CPD requirement proportionately reduced. See table below.
Practising certificate issued in:
January
1 point required
February
0 points required
March
0 points required
April
10 points required
May
9 points required
June
8 points required
July
7 points required
August
6 points required
September
5 points required
October
4 points required
November
3 points required
December
2 points required
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6.
A barrister must, unless otherwise exempted, in each CPD year engage in CPD
activities in each of the categories set out below:
(a)
Ethics and Professional Responsibility;
(b)
Practice Management and Business Skills;
(c)
Substantive Law, Practice and Procedure, and Evidence;
(d)
Barristers' Skills
These categories are subject to any requirement of the designated local regulatory
authority or legislation.
Note: For example Reg 176 Legal Profession Regulation 2005 (NSW).
7.
If the designated local regulatory authority or the person or organisation who
conducts a CPD activity has assigned a particular CPD activity to one or more of the
categories identified, a barrister who participates in that CPD activity may not assign
CPD points in respect of that activity to any other category. In any other case, a
barrister may assign CPD points to any category that the barrister reasonably
considers to be appropriate.
8.
The designated local regulatory authority may, in addition, require that a barrister
within the first 3 years of practice undertake additional CPD activities as determined,
from time-to-time, by the designated local regulatory authority. This may include
CPD activities specifically directed to new barristers.
Records
9.
A barrister must maintain a record of engagement in CPD activities for the CPD year
in the form provided by the designated local regulatory authority and must retain
such record for at least three years after the CPD year in which they engaged in those
activities.
Dispensations
10.1 The designated local regulatory authority, may in relation to any barrister or class of
barristers, waive any or all of the requirements on such conditions as it may think fit.
10.2 An application by a barrister for dispensation from the requirements of these Rules
must be made in writing and be made as quickly as is in the circumstances is
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reasonable, setting out the grounds for the request, and any relevant material in
support of the request.
Audit
11.
The designated local regulatory authority may conduct an annual audit to monitor
compliance.
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