Northern Territory Consolidated Regulations Northern Territory Consolidated RegulationsSchedule 2 Continuing professional development scheme
Part 1 Interpretation
1 Definitions
In this Schedule:
"attend", a seminar, includes chair the seminar but does not include giving a presentation at the seminar.
"claim", for a CPD point, means count the point towards satisfying a legal practitioner's CPD obligation.
"CPD" means continuing professional development.
"CPD activity", see clause 2.
"CPD obligation", means a legal practitioner's obligation under clause 4 to accrue CPD points for a CPD year.
"CPD points", see clause 3.
"CPD year" means the period starting on 1 April in a year and ending on 31 March in the next year.
"legal practice competency" means competency relating to engaging in legal practice, including, for example:
(a) risk management; and
(b) time management; and
(c) business skills; and
(d) practical skills, including advocacy, mediation, negotiation, drafting and dealing with cross-cultural issues; and
(e) professional ethics and responsibility.
"seminar" includes a workshop, conference and discussion group.
"substantive law competency" means competency in substantive law, including, for example:
(a) an area of law prescribed by the admission rules for courses leading to a law degree; and
(b) statute law and common law.
Part 2 CPD scheme
Division 1 Basic concepts about CPD activities and CPD points
(1) A CPD activity is:
(a) preparing a presentation for giving (including by video-conference) at a seminar; or
(b) giving (including by video-conference) a presentation at a seminar; or
(c) attending (including by video-conference) a seminar or multimedia or website based program; or
(d) private study involving the use of audio or video material specifically aimed at increasing or updating the substantive law or legal practice competencies of legal practitioners; or
(e) lecturing on a subject for:
(i) a Graduate Diploma in Legal Practice, Master of Laws or Bachelor of Laws; or
(ii) another university course that is covered in a subject mentioned in subparagraph (i); or
(f) writing an article that is published in a legal publication, or a legal article that is published in a non-legal publication, or refereeing or structural editing of such a published article.
(2) A CPD activity must:
(a) be of significant intellectual or practical content; and
(b) primarily cover matters of substantive law or legal practice competencies; and
(c) be aimed at increasing or updating the substantive law or legal practice competencies of legal practitioners; and
(d) for a presentation at a seminar – be given by a person who is qualified by practical or academic experience in the subject covered.
(3) Private study is not a CPD activity unless it is covered by subclause (1)(d).
(4) Engaging in legal practice is not a CPD activity.
A legal practitioner accrues points ( CPD points ) for participating in CPD activities relevant to the practitioner's current and future needs to engage in legal practice.
Division 2 Basic concepts about CPD obligation
(1) For each CPD year a legal practitioner engages in legal practice, the practitioner must accrue 12 CPD points.
Note
Under clause 6, CPD points accrued within 3 months before and after a CPD year may be claimed for that year.
(2) If a legal practitioner engages in legal practice for part only of a CPD year, the practitioner must accrue CPD points on a pro rata basis for that part of the CPD year.
(3) However, if a legal practitioner engages in legal practice for less than 28 days in a CPD year, the practitioner need not comply with the practitioner's CPD obligation for that part of the CPD year.
Division 3 Basic concepts about accruing and claiming CPD points
5 Competencies for accruing CPD points
(1) CPD points must be accrued in substantive law and legal practice competencies.
(2) However, at least 4 CPD points must be accrued in legal practice competencies for a CPD year.
6 Claiming CPD points for CPD year
(1) A legal practitioner who accrues CPD points for participating in a CPD activity within 3 months before the start of a CPD year and within 3 months after the end of that CPD year may claim the points for that CPD year.
(2) However, the practitioner may claim CPD points accrued for the activity for only one CPD year.
Division 4 Accruing and claiming CPD points for CPD activities
7 Preparing and giving presentation at seminar
(1) For preparing or giving a presentation at a seminar, one CPD point accrues for each hour of preparing or giving the presentation.
(2) However, no more than 4 CPD points may be claimed for preparing and giving the presentation.
(3) In addition, if the presentation is repeated in the same CPD year, CPD points may be claimed only once.
(4) Also, a legal practitioner cannot claim CPD points for giving a presentation for a matter that is substantially the same matter covered by a published article for which the practitioner has claimed CPD points (whether in the same or an earlier CPD year).
(5) No more than 6 CPD points may be claimed for preparing and giving presentations at seminars in a CPD year.
8 Attending seminar or multimedia or website based program
(1) For attending a seminar or multimedia or website based program, one CPD point accrues for each hour of attendance.
(2) However, no more than 6 CPD points may be claimed for attending a seminar that is wholly provided by the same provider on one day or on consecutive days.
9 Private study – audio and video material
(1) For private study involving the use of audio or video material, one CPD point accrues for each hour of study.
(2) However, no more than 6 CPD points may be claimed for private study in a CPD year.
10 Lecturing
(1) One CPD point accrues for each hour of lecturing.
(2) However, no more than 6 CPD points may be claimed for lecturing in a CPD year.
11 Published article
(1) For writing a published article, one CPD point accrues for each thousand words of the article.
(2) However, no more than 6 CPD points may be claimed for writing the published article.
(3) Also, a legal practitioner cannot claim CPD points for writing a published article that covers substantially the same matter as a presentation given at a seminar for which the practitioner has claimed CPD points (whether in the same or an earlier CPD year).
(4) For refereeing or structural editing of a published article, one CPD point accrues for each thousand words of the article.
(5) However, no more than 6 CPD points may be claimed for the refereeing or structural editing.
12 Completing specialist accreditation examination
A legal practitioner accrues 12 CPD points for a CPD year in which the practitioner successfully completes a specialist accreditation examination approved by the Law Society.
Part 3 Miscellaneous matters
13 Certificate about compliance with CPD obligation
A legal practitioner must, before the end of each CPD year, give the Law Society a certificate in the approved form about the practitioner's compliance with the practitioner's CPD obligation for the CPD year.
14 Exemption
(1) A legal practitioner may, at any time, apply to the Law Society for exemption (in whole or part) from the requirement to comply with the practitioner's CPD obligation for a CPD year.
(2) The application must be made in the approved form.
(3) The Society may give the exemption if:
(a) it is satisfied, because of the practitioner's geographical location, physical disability or any particular constraints of the practitioner's practice, the practitioner has experienced hardship or difficulty in complying with the obligation; or
(b) it is satisfied the practitioner has been substantially absent from practice because of leave or illness; or
(c) it considers other special circumstances exist.
15 Law Society may require information about CPD obligation
(1) The Law Society may, by written notice, require a legal practitioner to give it information about the practitioner's compliance with the practitioner's CPD obligation.
(2) The practitioner must comply with the notice within 14 days after it is given.