South Australian Numbered Regulations

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PLANNING, DEVELOPMENT AND INFRASTRUCTURE (ACCREDITED PROFESSIONALS) REGULATIONS 2019 (NO 11 OF 2019) - REG 25

25—CPD scheme

        (1)         It is a condition of an accreditation under these regulations that the accredited professional will undertake the prescribed amount of Continuing Professional Development ("CPD").

        (2)         Subject to this regulation, before the accreditation authority grants an application under regulation 19, the accredited professional must first satisfy the accreditation authority that the accredited professional has completed the prescribed amount of CPD in the period of 12 months immediately preceding the date of the application being lodged with the accreditation authority (the "relevant CPD period").

        (3)         If an accredited professional who has applied under regulation 19 has not completed the prescribed amount of CPD in respect of the relevant CPD period, the accreditation authority may, on application by the accredited professional under this subregulation, if satisfied that it is reasonable to do so, after taking into account the criteria specified in subregulation (5)—

            (a)         excuse the accredited professional from the requirements of the scheme set out in subregulations (1) and (2); and

            (b)         if the accreditation authority thinks fit—determine to continue the accreditation subject to a condition or conditions determined to be appropriate by the accreditation authority.

        (4)         Without limiting subregulation (3)(b), a condition of accreditation may limit the functions or powers that the accredited professional may perform or exercise during a period specified in the condition (including as to prohibit the performance or exercise of specified functions or powers that the accredited professional would otherwise be entitled to perform or exercise under the Act or under these or any other regulations under the Act).

        (5)         The following criteria are specified for the purposes of subregulation (3):

            (a)         that the accredited professional has been unable to complete the prescribed amount of CPD because of—

                  (i)         being pregnant or taking leave from work due to the birth of a child; or

                  (ii)         being seriously ill or severely disabled; or

                  (iii)         being required to care for a member of the accredited professional's immediate family for an extended period of time; or

                  (iv)         being under severe financial stress;

            (b)         that there are other unavoidable or extenuating circumstances that made it exceptionally difficult for the accredited professional to participate in compulsory professional development over the course of the relevant CPD period, or a substantial part of the relevant CPD period.

        (6)         An application by an accredited professional under subregulation (3) must be by way of statutory declaration lodged with the accreditation authority which—

            (a)         sets out the evidence on which the accredited professional relies for the purposes of subregulations (3) and (5); and

            (b)         sets out the steps (if any) that the accredited professional intends to take to improve or achieve compliance with the requirements of this Part (and Schedule 1) if the accreditation is continued.



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