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CPD Guide

CPD exemptions for migration agents: what actually exists

Agents on parental leave, recovering from illness or working overseas often ask the OMARA for a CPD exemption or extension. The honest answer is that the framework has almost none. Here is what the rules provide, what the regulator can and cannot do, and the realistic options.

The short answer

The Migration Act requires the OMARA to refuse repeat registration unless it is satisfied you have met the CPD requirement. There is no exemption for parental leave, illness, bereavement, reduced hours or time overseas. The only exemption is for agents who hold a current Australian legal practising certificate.

What the law says

Section 290A of the Migration Act 1958 directs the OMARA not to register an applicant for repeat registration if it is not satisfied the applicant has met the prescribed CPD requirements. The requirements themselves are in the Migration Agents Regulations and LIN 26/001: 10 points in the 12 months before lodgement, at least 5 Category A, 1 ethics point and 1 Code of Conduct point. None of those instruments contains a hardship, parental-leave or reduced-activity provision. The regulator has no discretion to waive the points.

The one exemption that exists

Registered agents who hold a current Australian legal practising certificate are exempt from the CPD requirement for repeat registration. Since 2021 that mostly means lawyers with a restricted practising certificate who are still on the register for a transitional period. The practising-certificate exemption →

What you can actually do

SituationWhat the rules allow
On parental leave, but intend to keep the registrationComplete the 10 points anyway. Five can be self-paced modules done at any hour; the five Category A points are live Zoom sessions, typically a weekend. The 6-points-per-24-hours cap means at least two days.
Ill or unable to work for monthsSame requirement. If completing CPD is not possible, let the registration lapse and lodge a late repeat application within 36 months, once you have 10 points in the 12 months before that application.
Working or living overseasLocation is irrelevant. Online CPD is completed from anywhere; all Widen sessions are on Zoom in Sydney time. Time zones →
Registration about to expire, a few points shortDo not lodge a knowingly incomplete application and hope. The OMARA may ask for evidence of outstanding points before deciding, but it must refuse if the requirement is not met. Finish first, then lodge.
Not practising this year at allLet it lapse. You cannot give immigration assistance while unregistered, but you can lodge a late repeat application within 36 months of expiry with 10 points in the 12 months before that lodgement. After 36 months, initial registration applies again.

What happens if you lodge short

  1. The OMARA checks your CPD record against the requirement. Applications missing CPD are, in the regulator's own words to the Auditor-General, fairly common.
  2. Case officers can allow time to provide evidence of points already accrued. That is a courtesy, not an entitlement, and it does not extend the 12-month window.
  3. If the requirement is still not met, the application must be refused. Your registration ends on its expiry date and you cannot give immigration assistance until a new application is approved.

If you lodged and paid before expiry, your registration continues while the application is processed, but that continuation ends with a refusal. How the deadline and window work →

The practical route for most agents

Because the points cannot be waived, the question becomes how to earn them with the least disruption. For an agent with limited hours that is usually: both mandatory topics as self-paced modules (two evenings), three more modules at your own pace, and one CPD Weekend for the five live points. Ten points, no travel, no weekday commitments.

Get your CPD done with Widen CPD

OMARA-approved provider PPA10000420. Live Category A sessions and self-paced Category B modules — including the mandatory ethics and Code of Conduct topics — at A$30 incl. GST each, or a 10-point CPD Points Pass for A$220 that covers the whole year.

See upcoming CPD sessions Points Pass — 10 points A$220

FAQ

Can I get a CPD exemption for parental leave?
No. There is no parental-leave, illness or hardship exemption in the Migration Act, the Migration Agents Regulations or LIN 26/001. The only exemption is for holders of a current Australian legal practising certificate.
Can the OMARA grant an extension of time to complete CPD?
Not in the sense of extending your registration. Case officers may allow time to provide evidence of points already completed, but the 10 points must still be completed within the 12 months before you lodge.
What happens if I do not complete my CPD points?
The OMARA must refuse your repeat registration. Your registration ends on its expiry date, you cannot give immigration assistance, and you can lodge a late repeat application within 36 months once the CPD is complete.
I am overseas. Can I still do CPD?
Yes. Online self-paced modules and live Zoom sessions are completed from anywhere. Sessions run in Sydney time, so check the conversion for your location.

← Back to the full CPD requirements guide

General information for registered migration agents, not legal advice. CPD requirements are set by the OMARA under the Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026 (LIN 26/001) — confirm your current obligations and renewal dates at mara.gov.au. Widen CPD is an OMARA-approved CPD provider.
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