Western Australian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022 - SECT 125

125 .         Accreditation in relation to continuing professional development activities or other legal education or training

        (1)         In this section —

        authorised CPD provider , in relation to a continuing professional development activity, means a person —

            (a)         accredited in accordance with the Board Rules in relation to the activity; or

            (b)         exempted under the local regulations made under subsection (6) from a requirement to be accredited in accordance with the Board Rules in relation to the activity; or

            (c)         acting for or on behalf of a person mentioned in paragraph (a) or (b);

        Board Rules means rules made by the Board under subsection (2);

        continuing professional development activity means an activity that meets the requirements of the Continuing Professional Development Rules;

        excluded activity means a continuing professional development activity that is prescribed by the local regulations.

        (2)         The Board may make rules for accrediting persons in relation to —

            (a)         a continuing professional development activity that is not an excluded activity; and

            (b)         other legal education or training.

        (3)         Without limiting subsection (2), the Board may make Board Rules about —

            (a)         how accreditation may be granted, including who may apply for accreditation; and

            (b)         how an application is to be made; and

            (c)         what information is required to support the application; and

            (d)         the fees (if any) for applying for accreditation.

        (4)         The Board Rules are subsidiary legislation for the purposes of the Interpretation Act 1984 .

        (5)         The Interpretation Act 1984 section 43(6) does not apply to the Board Rules.

        (6)         The local regulations may exempt any of the following from a requirement to be accredited in accordance with the Board Rules in relation to a continuing professional development activity that is not an excluded activity —

            (a)         a court, tribunal or commission established by the Commonwealth or a State or Territory;

            (b)         the Commonwealth or a State or Territory or government authority.

        (7)         Despite the Continuing Professional Development Rules, an Australian legal practitioner does not complete a continuing professional development activity under those Rules unless the activity is —

            (a)         an excluded activity; or

            (b)         another continuing professional development activity and —

                  (i)         if the activity is provided by another person — that other person is an authorised CPD provider in relation to the activity; or

                  (ii)         in any other case — the practitioner is an authorised CPD provider in relation to the activity.

        (8)         If the Board imposes a condition on an Australian legal practitioner’s Australian practising certificate that the practitioner must undertake further legal education or training provided by a person, the practitioner does not complete the education or training unless the education or training is provided by a person accredited in accordance with the Board Rules.



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