PrintSpecial appropriation—statutory self-regulation of migration agents
Objective
Ensure the satisfactory statutory self-regulation of the migration advice profession.
Description
The migration advice profession in Australia operates under statutory self-regulatory arrangements set out in part 3 of the Migration Act 1958. Under these provisions, the Migration Institute of Australia was appointed as the industry regulator, known as the Migration Agents Registration Authority.
The core functions of the authority are contained in section 316 of the Migration Act and include the registration of migration agents, handling complaints and applying sanctions against registered migration agents who have breached the migration agents code of conduct.
The number of registered migration agents increased by 298 agents from 3495 at 30 June 2007 to 3793 at 30 June 2008.
The amount of the special appropriation for this item is calculated according to the value of registration application fees collected by the authority. In 2007–08, it was estimated that the special appropriation would be $5 million. The final appropriation was $4.791 million.
Performance
A key activity during the year was the 2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession. The review was undertaken to assist the government assess the effectiveness of the regulatory scheme, the state of the profession and its readiness for a move from statutory self-regulation to self-regulation.
In particular, the review examined:
- the legislative framework within which the Migration Institute of Australia acts as the Migration Agents Registration Authority
- consumer confidence and protection
- the capacity of the Migration Agents Registration Authority to deal with complaints.
The review was undertaken with the guidance of an external reference group. The reference group comprised four former and current migration agents. In September 2007, a discussion paper was released, and 37 submissions were subsequently received.
The review provided its final report to the minister by 30 June as required.
