Who Qualifies for a CPD Requirement Exemption?

Across all Australian territories, solicitor CPD requirements are more or less the same, with a few minor differences here and there.

Ultimately, every practicing solicitor needs to accumulate 10 CPD points a year to remain compliant, which essentially equates to about 10 hours worth of extra study - outside of your day-to-day job as a legal professional - spread out across the year from April 1 to March 31.

The rules for exemption applications are alike across all territories, although applying for an exemption can be difficult as they are only granted in several specific scenarios.

Illness or Disability

In some cases, a solicitor might be afflicted with a severe illness or disability that prevents them engaging in any CPD activities. This might include chronic illnesses, injuries requiring extended recovery periods, or disabilities that limit mobility or cognitive functions.

The key is that these afflictions need to be severe and long term enough to undermine a year’s worth of time needed to accumulate only 10 hours of CPD learning. In most cases, such a situation would prevent a professional from working as well.

Hardship or Special Circumstances

If a solicitor is facing long-lasting and severe financial difficulties, personal crises, or other significant life events or emergencies, they might qualify for exemption. It is, however, difficult to prove this effectively since determining the severity of such a disruption to one’s life is often subjective.

Parental Leave

Parental leave is considered a valid exemption in the case of, for example, maternity or child adoption. Other serious and long-lasting parental issues may also be considered, such as dealing with a critically injured or chronically ill child.

Again, it can be challenging to argue that these other circumstances are sufficient to prevent a professional from engaging in 10 hours worth of CPD activities across an entire year’s worth of time.

Reduced Hours of Practice

If a solicitor has reduced their hours of practice either due to semi-retirement or as a result of doing the work partime, they may be eligible for a partial exemption from certain CPD requirements.

Pro Rata Practice

Similar to the reduced hours of practice exemption, solicitors who work irregular hours might apply to calculate their CPD point requirements on a pro rata basis. For example, a solicitor who practices only 20% of the regular working hours of the average solicitor throughout the year might argue that they only need 20% of the CPD points.

Ultimately, given the amount of time, effort and administrative legwork needed to prove one’s case for exemption, you might very well be better off getting the CPD points.

Here at Legalwise Seminars, we offer in-person, online and on-demand seminars that will help you meet all solicitor CPD requirements, no matter what territory you’re in, so that you can avoid the hassle of applying for an exemption. Contact us today to find out more or sign up.