New Online CPD Management System by Libby Fulham Executive Director, Legal Practice Board of Western Australia
Continuing Professional Development (CPD) is a long standing and integral component of the maintenance and improvement of standards expected of the legal profession. CPD’s place in WA largely mirrors that of other Australian jurisdictions, which is to earn a minimum of 10 points across 4 separate competency areas in a 12 month period. Except for practitioners in WA the delivery of CPD activities must be accredited. Making sure CPD activities actually achieve the aims of the CPD regime, and to have in place a tool to identify risks and measure effectiveness, the Board has created an online CPD management system (CPDMS). The rationale, value of, and approach to CPD has become a talking point between various bodies who regulate or scrutinise the conduct of lawyers. In Victoria the ‘Getting the Point?’ report1 considers improvements to reflect more contemporary approaches to education and professional development in that jurisdiction, and the final report from the Royal Commission into the Management of Police Informants recommends the Victorian regulator issues guidance notes on embedding ethics into the four compulsory fields of CPD2. However, it is only in WA, through the accreditation and audit of CPD providers, that we have the ability to identify how our CPD activities are being delivered, who they are being delivered to, and to what extent the content recognises and educates in the relevant fields to maintain standards. It is this information that provides WA practitioners the opportunity to embrace targeted education for the modern legal profession. For example, being able to identify gaps in training on sexual harassment in the workplace, and to promote effective learning in that area. How we collate, communicate and promote that information, beyond the proverbial hunch, was deep in my thoughts some two years ago and is at the forefront of the Board’s thinking. It was at this time, and during a conversation on the prospects of an App
that could be utilised for CPD purposes, I reflected on the time and resources spent by the Board on manual systems to audit and monitor compliance with CPD. That time was spent largely ensuring points were obtained, and not spent on identifying trends I referred to earlier, or promoting the delivery of quality and relevant CPD in a systematic way to maintain professional competence. I considered a system that would capture and report on the information we already have or can obtain through the audit avenues. Having the support of the Board’s Professional Development Committee the result of that contemplation is the development and implementation of the CPDMS. Already in place through the Board’s website portal the CPDMS requires all approved CPD providers to upload records of approved CPD activities undertaken by members of the WA legal profession, and allows providers and practitioners to apply for the approval of a single CPD activity. The CPDMS will also be extended to include applications for exemptions from CPD, for example parenting leave.
of the profession’s compliance with CPD requirements and offering early support to those members of the profession who are in danger of not satisfying the annual requirement. •
Assess the types of CPD activities being delivered to practitioners, track relevant trends, including activities offered and activities attended, and identify the future needs of the profession.
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Provide feedback to CPD providers on areas of emerging risk and to consider the value of including more effective CPD across all areas of practice.
The CPDMS will also assist the Board in being an effective, efficient and innovative regulator by: •
Promoting competence, selfassessment and compliance with professional obligations.
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Simplifying access to information and providing tools for best practice.
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Enhancing our collaborative relationship with stakeholders to promote our mandate, core functions, and strategic direction.
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Being responsive to change.
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Using data to support a well informed community and profession.
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Carefully managing our resources to maintain capacity.
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Pursuing process improvements, to better achieve our purpose.
The purpose of the CPDMS is to: •
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Allow the Board and the profession to consider the delivery of CPD, ensure there is engagement by the profession, and there is value in the delivery and content of activities focussed on genuine learning and development. Enable a practitioner to easily identify CPD activities undertaken in a particular CPD period and compliance with CPD requirements. CPD providers will be relieved of the requirement to issue certificates to practitioners upon completion of CPD. Take a targeted approach to auditing CPD activities and compliance with a view to understanding the nature
The Board has been working with the CPD providers to make sure the CPDMS becomes a valuable resource that will provide greater insight into the educational needs of the profession and influence attitudes to include learning and growth. Further information on the CPDMS can be found on the Board’s website. Endnotes 1
2
Victorian Legal Services Board + Commission ‘Getting the Point?’ report on the findings of an independent review into Continuing Professional Development (CPD) in Victoria, conducted by Chris Humphreys, November 2020. Recommendation 84 of the Final Report of the Royal Commission into the Management of Police Informants, 30 November 2020.
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