CPD Exemption and Extension FAQs

To apply for an exemption from fulfilling your CPD requirements in any given CPD year – which runs 1 May to 30 April each year – or to seek an extension of time to complete your CPD requirements that were not fulfilled in any given CPD year, complete an Exemption or Extension Application Form, accordingly.

1. Under what circumstances can I apply for an exemption from fulfilling my CPD requirements in any given CPD year?

An exemption may be sought if the reasons meet any of the grounds set out under Rule 4 of Practice Guideline no.4. The Society may exempt a practitioner from compliance with the Practice Guideline on written application – using the exemption application form – by the practitioner on the ground of:
(a) illness or disability;
(b) the location of the practitioner’s legal practice;
(c) the absence of the practitioner from legal practice; or
(d) hardship or other special circumstances.

2. How do I apply for an exemption from fulfilling my CPD requirements in any given CPD year?

Applications are required in writing using the Exemption Form.
This form is to be submitted to the Society prior to the period sought.
Any relevant supporting documentation must be attached with the form.
This form is to be completed on your device and emailed in a pdf format to cpd@lst.org.au.
A practitioner seeking an exemption is to submit their form to the Society as soon as they are aware they have not or will not meet their CPD requirements for the CPD year in question.
A separate exemption form is to be completed for each CPD year from which an exemption is sought.
The Society has the power to grant exemptions on any of the grounds set out under rule 4 of Practice Guideline no.4, and on receipt and consideration of the requisite application. This is generally done on a pro-rata basis. See examples below.

3. What are some examples of successful exemption applications?
A number of examples of successful exemption applications are:

Mary Smith will be absent from practice for 7 months due to parental leave. Their minimum CPD point obligations (of 10 CPD points across all 5 mandatory CPD categories) are adjusted on a pro-rata basis down to 4 CPD points across a minimum of 3 mandatory CPD categories.
Fred Jones will be absent from practice for 2 months having accepted a secondment outside the practice of law. Their minimum CPD point obligations (of 10 CPD points across all 5 mandatory CPD categories) are adjusted on a pro-rata basis down to 8 CPD points across all 5 mandatory CPD categories.
Jane Brown is absent from practice for 3 months due to a medically certified illness. Their minimum CPD point obligations (of 10 CPD points across all 5 mandatory CPD categories) are adjusted on a pro-rata basis down to 7 CPD points across all 5 mandatory CPD categories.
Henry Black is a part-time sole practitioner, who lives and works in a remote location and has a young family. They are an active Society committee member and is able to attend meetings virtually. They have participated in a number of seminars relevant to their area of practice in all 5 mandatory CPD categories. They find they have 6 CPD points from seminar recordings, capped at 5 by rule 3.3(b) of Practice Guideline no.4, and they have attended one in-person seminar in Hobart. Their claimable hours of committee membership contribution are also capped at 3. They discover that only 9 of their hours can be claimed towards the minimum 10 CPD point requirement. They apply for an exemption by way of increase in the 5-point recordings cap from 5 to 6.

4. Under what circumstances should I apply for an extension of time to fulfil my CPD requirements in any given CPD year?

If a practitioner has not certified (in their PC renewal application) or realises that they will not be able to certify that they have completed a minimum of 10 CPD points across all 5 mandatory CPD categories in a given CPD year, they must contact the Society as soon as they are aware of this contravention and include an extension of time application form.

Equally, the Society may not be satisfied that a practitioner has complied with their CPD obligations in any given CPD year and it may give notice to the practitioner in writing requiring them to submit a rectification plan to the Society within 21 days setting out the steps that they propose to take to remedy their non-compliance.

5. How do I apply for an extension of time to fulfil my CPD requirements in any given CPD year?

Applications are required in writing using the Extension Form.
This form is to be submitted to the Society prior to the period sought.
Any relevant supporting documentation must be attached with the form.
This form is to be completed on your device and emailed in a pdf format to cpd@lst.org.au.
A practitioner seeking an extension of time to fulfil their CPD obligations in any given CPD year – which runs 1 May to 30 April each year – is to submit their form to the Society as soon as they are aware they have not or will not meet their CPD requirements for the CPD year in question.
A separate exemption form is to be completed for each CPD year from which an exemption is sought.
The Society has the power to grant extensions of time on any of the grounds set out under rule 4 of Practice Guideline no.4, and on receipt and consideration of the requisite application.
Successful application generally result in a plan for rectification to be undertaken within a reasonable timeframe commensurate with the number of CPD points and mandatory CPD categories yet to be acquired.

6. How do I avoid needing to apply for an extension of time to fulfil my CPD obligations in any given CPD year?

It is recommended that throughout the CPD year – staring from 1 May each year – practitioners keep a running record of their CPD activities including all the information required of them as stated in Rule 3.8 of Practice Guideline no. 4. This allows the practitioner to clearly see how they are tracking, what CPD points are missing and which mandatory CPD categories are yet to be acquired. See here for an example CPD points tracker.

Rule 3.8 – A practitioner must maintain a written record of CPD points accrued by that practitioner in respect of each CPD year. This written record must include the following minimum information:
(a) the CPD activity, and event name (if applicable);
(b) date of event;
(c) CPD points claimed;
(d) mandatory category to which it relates; and
(e) provider or entity.