Objective

This item ensures the satisfactory regulation of the migration advice profession.

Description

The number of registered migration agents increased by 8 per cent in 2008–09 from 3793 at 30 June 2008 to 4097 at 30 June 2009.

The amount of the special appropriation for this item is calculated according to the value of registration application fees collected by the authority. In 2008–09, it was estimated that the special appropriation would be $5.51 million. The final appropriation was $6.22 million.

Performance

The report of the 2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession was released in December 2008.

Key findings were:

• there was significant opposition to the profession moving to self-regulation
• the Migration Institute of Australia's (MIA) operation of the Migration Agents Registration Authority (MARA) created perceived and potential conflicts of interest resulting in a lack of consumer confidence and the government should consider establishing a regulatory body separate from the MIA
• better complaint handling processes were needed
• changes to migration agent's entry requirements were needed to improve standards
• legislation relating to migration agents needed to be substantially revised to remove confusion
• lawyer agents should continue to be included in the regulatory scheme
• Continuing Professional Development requirements need to be simplified and streamlined especially for experienced migration agents with good track records.

As a result of the review, the minister announced on 9 February 2009 the establishment of a new body to regulate migration agents, the Office of the Migration Agents Registration Authority (Office of the MARA). The Office of the MARA started operations on 1 July 2009 at 22 Market Street, Sydney.

The Office of the MARA is a discrete office attached to the department, headed by a chief executive officer. It is solely responsible for the functions of the MARA under Part 3 of the Migration Act and reports directly to the secretary of the department. The Office of the MARA is supported by an advisory board, including a consumer and community representative as well as representatives from the MIA, the Law Council of Australia and the education and non-profit sectors. The department provides administrative support services only.

Strategies are being implemented to address potential or perceived conflict of interest matters regarding the department's operation of the Office of the MARA. Independent probity experts, PSI Asia Pacific, were engaged to examine the issue and this work was reviewed by former Chief of Justice of the NSW Supreme Court, Sir Laurence Street AC, who provided additional assurance regarding the proposed arrangements.

The establishment of the new body is the first step in the implementation of a range of recommendations made by the review.