New tool for reporting lawyer sexual harassment
VLSB+C has today launched an online tool for lawyers in Victoria to anonymously report instances of sexual harassment
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Under workplace health and safety laws, your employer has significant obligations to provide a safe workplace, and that includes emotional and psychological safety, as well as physical safety.
A workplace that tolerates bullying, harassment, or serious overwork is not a safe workplace.
There is also a specific conduct rule that specifies that a lawyer must not engage in conduct that constitutes discrimination, sexual harassment or workplace bullying.
Below is a list of actions you might wish to take if you feel you are experiencing bullying at work. The course of action you choose will depend on the nature of the bullying and your workplace.
WorkSafe has comprehensive information about workplace bullying and can provide information and support via their Advisory phone service.
https://www.worksafe.vic.gov.au/what-do-if-workplace-bullying-happens-you
There are also other agencies that can help:
Agreed Pricing, also known as Value Pricing, is an arrangement in which a lawyer and a client agree on a price up front for the lawyer’s services in a matter. It is based on an agreed scope of services and the price is a fair reflection of the client’s perception of value. It is also seen in productised services where a lawyer offers a defined scope of service for a publicly stated price.
In non-litigious matters, some agreed pricing arrangements can include contingency fees – that is, the ultimate price is contingent on certain agreed goals and outcomes being met, for example a package of work being finished by a particular date or contract negotiations meeting certain goals. While s.183 of the Uniform Law strictly prohibits contingency pricing in litigious matters, the prohibition does not extend to non-litigious matters.
Subscription pricing describes a number of different arrangements where the common factor is a regular set payment for work within a defined scope. For example, a law practice may contract with a client that, in return for a flat monthly fee, the client can contact the lawyer for a specified number of advice consultations per month without additional charge.
‘Subscription pricing’ might also describe a flat pricing arrangement for services like bulk standard leasing or high volume, low value personal injury claims for an insurer. The services covered by the arrangement are generally defined and any work outside the scope is the subject of a separate agreement.
There is a wide range of online CPD resources available. We provide funding to the Law Library of Victoria to help them offer two online CPD courses covering legislation and case law. These are free to all Victorian lawyers. For more information, visit the Law Library website.
Embedding legal ethics education across the four mandatory CPD subject streams
The Royal Commission into the Management of Police Informants (RCMPI) highlighted the importance of continuing ethics education for lawyers and recommended that legal ethics education be embedded across the four streams of CPD. This finding was consistent with our Getting the Point review.
We have developed a guide for CPD providers highlighting ways they can incorporate ethics principles and issues in non-Ethics CPD stream topics, to underline the importance of legal ethics education across all areas of legal practice. The guide also contains information for providers on how to strengthen legal ethics education within the Ethics CPD stream through greater use of interactive, scenario-based learning.
While the guide is for CPD providers, it contains important information that will assist lawyers in choosing the most useful ethics CPD for their role and development needs.
The guide contains a list of ethics topics that could be explored exclusively or within the context of substantive law, practice management or professional skills CPD subjects.
We welcome your ideas and feedback on further topics you see emerging for consideration. You can send feedback to CPDreview@lsbc.vic.gov.au
You can download a copy of the new guidance here.
For the last two years we have removed the cap of 5 hours on private study of audio/visual material due to the pandemic. The cap will be reinstated from this year. It is important to note that online interactive study (such as participating in an online seminar with interactive elements) is not counted as ‘private study of audio/visual material’ and there is no cap for this type of professional development.
Many lawyers told us during the review that there was a lack of clarity around the meaning of these terms in the CPD Rules. Further guidance about what we consider ‘private study of audio visual material’ and what is ‘online interactive study’ is available on our 'Your CPD obligations' page.
The findings of our 2020 report, and recent South Australian findings about the prevalence of harassment within the legal profession, suggest that lawyers should focus on sexual harassment in the workplace when planning their CPD year.
Look for CPD sessions that go beyond basic facts (e.g. describing the legal definition of sexual harassment) to examine the types of less obvious behaviours that can constitute this conduct. Training should include information about what you can do if you experience or witness sexual harassment, as well as how to take a leadership role within the profession to prevent and address sexual harassment. Ask CPD providers whether their sessions address these issues.
The manifestations and implications of family violence is also a topic you should consider, particularly if you practice in family law, criminal law or other areas that deal directly with members of the community.
Leaders within the profession should consider refreshing and deepening your understanding of your workplace health and safety obligations in the post-COVID flexible working environment. This includes your obligations to address bullying and other forms of harassment, equal opportunity and anti-discrimination. CPD in this area could also assist you to identify ways to provide support to your staff to maintain wellness and balance.
Getting the Point identified that reflection and planning of CPD would assist lawyers to proactively identify the types of CPD activities and topic areas that are practical and relevant to their area of practice, nuanced to their level of experience and targeted to their particular legal position.
Your reflection could involve identifying emerging gaps in your knowledge and skills and thinking about current and emerging risks and challenges, such as technological developments or changes to the law. You could consider sense testing the robustness of your reflection with your mentors and colleagues.
When planning for your education for 2021-22, reflect on your needs and seek out sessions that offer:
Each year the Victorian Bar and the Law Institute of Victoria (LIV) carry out audits of lawyers’ CPD compliance on our behalf under a delegation. These verification audits can relate to any of the three previous years.
If you’re selected for an audit, you will be contacted by the LIV or the Victorian Bar and asked to verify, within 21 days, that you’ve met your CPD obligations. You will need to provide supporting documentation to show that you have complied.
Supporting documentation may include:
If you haven’t met your CPD obligations you will receive written notice requesting you submit a rectification plan. Your plan must set out the CPD activities that you intend to take to make up for the CPD you missed, and you will be given 90 days to complete those activities. For more information about the rectification process, please contact the LIV and Victorian Bar directly.
You will be provided with the opportunity to comply and our preference is that you undertake CPD activities that are relevant and useful for your development. Compliance with the CPD Rules however is a statutory requirement of your entitlement to hold a practicing certificate and we expect co-operation. If you refuse to meet your CPD obligations, your practising certificate may not be renewed on time. We may wait until you have either met your obligations or established a rectification plan before processing your application.
In deciding how to respond to non-compliance, we may consider:
Refusal to comply with the CPD Rules, including failure to comply with rectification requirements may result in us:
See our Continuing Professional Development Policy for more detailed information on audits.
The CPD year runs from 1 April to 31 March. The process for seeking an exemption is different depending on whether you held a practising certificate for the entire CPD year.
You can seek an exemption from completing some or all of your CPD activities for the year under certain circumstances. Some reasons to seek an exemption include:
The LIV and the Victorian Bar manage applications for exemption on our behalf under a delegation. To apply for an exemption, please contact the LIV for solicitors or the Victorian Bar for barristers.
You will be required to provide evidence in support of your application. This may include a letter from your employer, a statutory declaration or a medical certificate.
Our CPD policy contains some more detailed information about exemptions.
If you have only practised for part of the CPD year you only need to obtain CPD points for the time that you held a practising certificate. For example you might have only received your first practising certificate in December, or you may have not renewed your certificate while you were on parental leave.
The table listed below shows you how many points you need to obtain.
| Commencing month | CPD points |
|---|---|
| April | 10 |
| May | 9 |
| June | 8 |
| July | 7 |
| August | 6 |
| September | 5 |
| October | 4 |
| November | 3 |
| December | 2 |
| January | 1 |
| February | 0 |
| March | 0 |
If you have met the CPD points requirements in the table for the time you held a practising certificate you do not need to seek an exemption. When you are applying to renew your practising certificate you can select 'Yes' to the continuing professional development question on the renewal application.
If you are applying for a new practising certificate after a career break (for example you did not renew your certificate while on parental leave for the entire 12 months of the CPD year, or while working in a job that did not require you to have a practising certificate) you don’t need to have completed any CPD or seek an exemption.
When you apply for your practising certificate on LSB Online you can select ‘I did not hold a practising certificate during this period’ and your application will proceed as normal.
The CPD rules for barristers and the rules for solicitors outline the types of professional development activities you can undertake and earn CPD points for. The CPD Rules were developed by the national professional associations, the Law Council of Australia and the Australian Bar Association and approved as Uniform Rules by the Legal Services Council. Under the Uniform Law we are responsible for regulating compliance with the CPD Rules. We have delegated some functions associated with CPD compliance to the Law Institute of Victoria (for Solicitors) and the Victorian Bar (for barristers).
The CPD Rules for solicitors and barristers are slightly different so please ensure you are familiar with the CPD Rules that apply to you. If you change roles during the CPD year to become a barrister or vice versa, please see our CPD Policy.
In general, each activity must:
The Rules explain that you must complete 10 CPD units in each CPD year, including at least one CPD unit in each of the following fields:
If you did not hold a practising certificate for the entire CPD year you only need to complete CPD units for the time you held a practising certificate. If you were unable to complete 10 units of CPD for other reasons you may be able to apply for an exemption. See our exemptions page for more information on pro-rata CPD and applying for an exemption.
There are a range of options for completing CPD. For a more rewarding experience, we encourage you to pre-plan at least some of your CPD and try different formats and delivery modes. You can:
For solicitors, there are some limits to the number of hours you can do for each activity. Please see the table below:
| CPD activity | Points of activity | Limits that apply for solicitors |
|---|---|---|
| Participate in a lecture, seminar, workshop or discussion group, in person or online (see note below) | 1 point per hour of activity | No limits |
| Research, prepare and/or edit a legal article or law report | 1 point per 1,000 words | No more than 5 CPD points per year |
| Prepare and/or present a CPD activity | 1 point per hour of activity | No more than 5 CPD points per year |
| Participate in a legal committee, taskforce or practice section | 1 point per 2 hours of activity | No more than 3 CPD points per year |
| Postgraduate studies relevant to the practice of law or practice needs | 1 point per hour of activity | No limits |
| Private study of audio/visual materials (see below) | 1 point per hour of activity | No more than 5 CPD points per year |
Private study of audio/visual material is passive, i.e. it’s study that doesn’t offer any opportunity for participant interaction with the material, e.g. watching a recorded seminar, lecture or presentation. This is capped at 5 hours.
Online interactive audio/visual offers participants the opportunity to interact, or requires interaction with, CPD material because it involves things like:
This type of activity has no limits.
The Victorian Bar and the Law Institute of Victoria also have valuable information and resources about CPD on their websites.
You must keep a record of all the CPD activities you complete for at least three years.
The Law Institute of Victoria Accreditation Specialisation program can also be completed as part of your CPD for a total of 10 points. The program is a sector led certification that demonstrates a high level of theoretical knowledge that is practically applied in day-to-day matters. Accredited Specialisation is a peer founded, self-directed, non-syllabus-based program for experienced lawyers. Lawyers need to demonstrate superior knowledge, experience and proficiency in a particular area of law to become an accredited specialist, and need to maintain their accreditation. Becoming a specialist sets practitioners apart as an expert in their field, providing a definitive mark of excellence for peers and clients. Currently the program accredits over 1,100 specialists across 16 areas of law.
For solicitors intending to become a principal of a law practice or commence as a sole practitioner, undertaking a practice management course is highly recommended. Successful completion is a way to demonstrate you have the rights skills and expertise to be granted your first principal practising certificate. The course is also recommended if you are already a principal or sole practitioner and want to refresh and update your skills. Successful completion will allow you to meet all your CPD obligations for the year of completion.
Our policy provides further guidance to assist you to meet your obligations under the CPD Rules and ensures consistency and clarity for our delegates, the LIV and the Bar.
This policy is divided into three areas:
When you apply to renew your practising certificate, you must declare whether you’ve met your CPD obligations for the CPD year. The CPD year runs from 1 April through to 31 March of the following year. If your circumstances change during the year and you are concerned you may have difficulty complying with your obligations, you may qualify for an exemption.
If you haven’t met your obligations at the time of making the declaration, you should provide details of any exemptions granted to you, or include any rectification plan to make up your CPD, with your renewal application.
See our sections on exemptions and making up for missed CPD.
