DIMA Annual Report 1998-99

Sub-program 3.4: Migration Agents and Assistance

Performance outcomes
(i) Regulation of the migration advice industry

Current arrangements for the statutory self-regulation of the migration advice industry by the Migration Agents Registration Authority (MARA) have been in place since 21 March 1998, replacing migration industry regulation arrangements under the Migration Agents Registration Board.

The new arrangements represent a significant move toward industry self-regulation. Under a Deed of Agreement with the Minister for Immigration and Multicultural Affairs, the Migration Institute of Australia (MIA), the professional body representing migration agents, was appointed as the MARA.

The new legislation strengthened consumer protection for those vulnerable to exploitation by unscrupulous or incompetent migration agents, at the same time, removing the Government from the direct administration of regulation. Main features include:

• mandatory registration for all sectors of the industry: that is, fee-charging agents, non-fee charging agents and lawyers;
• a strengthened Code of Conduct for migration agents;
• maintenance of all the pre-existing disciplinary sanctions and penalties against malpractice;
• extension of the definition of 'immigration assistance' to cover services provided to sponsors and nominators;
• new universal competency standards for initial registration; and
• a streamlined complaint process featuring a professional mediation service.

The Act also provides for the introduction of mandatory continuing professional development standards which came into effect from March 1999. Agents failing to meet the competency standards are refused re-registration and are ineligible to re-apply for a further 12 months.

The Deed of Agreement provides that registration fee receipts collected by the MARA are to be deposited into the Consolidated Revenue Fund (CRF). Fee receipts are then paid from the CRF to the Department, which arranges monthly payments to MIA to cover the costs of the Authority's activities.

The Agreement also requires the MIA to reimburse the Commonwealth for providing essential services to support the operation of the statutory requirements. These services include, for example, assistance with the preparation of material to meet the MIA's reporting obligations to the Minister and the Parliament, and legal advice on matters referred by the Authority.

An annual report on the administration of the Authority for 1998-99 is to be provided separately by the MIA to the Minister, for tabling in Parliament.

Current legislative arrangements for industry self-regulation are subject to a sunset clause which will cease them from 21 March 2000. The effectiveness of the current statutory self-regulation arrangements since their introduction, and options for industry regulation after 21 March 2000, are being examined by the Department in a formal review which began in early 1999 with input sought from key stakeholders. An external reference group was established to guide the work of the review, which is expected to conclude in August 1999.

Performance outcomes
(ii) Immigration advice and application assistance

The Immigration Advice and Application Assistance Scheme (IAAAS), was created in July 1997 by amalgamating the former (protection visa) Application Assistance Scheme and the Immigration Advisory Services Scheme. The scheme aims to provide:

• protection visa application assistance to all asylum seekers who may be in immigration detention;
• visa application assistance and immigration advice services, to eligible disadvantaged asylum seekers and other visa applicants in the community; and
• transitional funding in 1997-98 to train eligible community-sector migration agents, to help them meet new competency requirements for registration flowing from changes to the arrangements for migration agent industry regulation.

A tender evaluation process conducted from July to September 1997 resulted in 15 contractors being selected to provide one or more IAAAS services up 30 June 1998, including one contractor providing only transitional training to community sector agents. With the conclusion in 1997-98 of the training component of IAAAS funding, and following a performance review, the remaining 14 contractors were offered and accepted extension of their contracts for the financial year 1998-99.

To be eligible for application assistance, asylum seekers or other visa applicants in the community must be experiencing financial hardship, or have suffered torture and trauma and have a case of merit.

Immigration advice under the IAAAS is available for people in the community unable to gain access to the services of a registered migration agent for reasons such as financial hardship, non-English speaking background, cultural background, illiteracy, remote location, or physical or psychological disability (including as a result of past torture and trauma).

In 1998-99, there were 918 cases involving new asylum seekers in detention referred to and accepted by IAAAS contractors, compared with 474 in 1997-98 and 464 in 1996-97. In relation to application assistance to people in the community, a total of 115 new protection visa and 49 other new visa applicants was assisted by IAAAS service providers in 1998-99 (68 and 10, respectively, in 1997-88).

With the existing contracts due to expire on 30 June 1999, tenders were sought publicly in March 1999 for providing IAAAS services from 1 July 1999. A performance review of existing service provision was also undertaken in early 1999.Fifty tenders were received by the due date.

Following the evaluation of tenders by the Department, 17 organisations were contracted in June 1999 to provide IAAAS services from 1 July 1999 to 1 July 2001.

Eleven of the new contractors held IAAAS contracts in 1998-99.The new panel of contractors includes nine non-profit or community based organisations and four Legal Aid Commissions, service providers in Tasmania, the Northern Territory, and the Hunter region. The 1998-99 panel of contractors included six non-profit or community-based organisations and two Legal Aid Commissions.

IAAAS contractors for 1998-99

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