Professional Standards of Registered Migration Agents and Consumer Protection
1 October 2006 - Legislation change
Client summary
From 1 October 2006 the Migration Agents Regulations 1998 ('the Regulations') will be amended to clarify the professional obligations of registered migration agents and to provide further protection for consumers.
In particular, the migration agents' Code of Conduct will be amended to clarify and spell out with more certainty the obligations of registered migration agents operating both in Australia and overseas
Technical details
The following provisions of the Regulations will be amended:
Part 1
- Subregulation 3(1)
- Regulation 3V
Part 3
- Subregulation 5(1)
- Regulation 7B
Schedule 2
- Paragraph 1.10(a)
- Clause 2.1
- Paragraph 2.1A(b) omitted
- Paragraph 2.8(c)
- New clause 2.9A inserted after clause 2.9
- Note 2 after clause 2.11
- Clause 2.12
- Clause 2.13
- Clause 2.14
- New causes 2.22A and 2.22B inserted after clause 2.21
- Clause 3.2A
- Clause 6.1
- Clause 7.1
- New clause 7.1B inserted after clause 7.1A
- Paragraph 10.1(c)
Additional information:
Part 1
The word "client" is used throughout the Regulations. It has been defined by the amendments to ensure that registered migration agents owe professional obligations to people with whom they have agreed to provide immigration assistance. The agreement may or may not be in writing.
To assist consumers, registered migration agents will be required to provide additional information for the Register of Migration Agents. The amendments also require an agent to promptly advise of changes to their details on the Register to the Migration Agents Registration Authority ('the Authority').
Part 3
From 1 July 2006 prospective registered migration agents are required to complete the Graduate Certificate in Australian Migration Law and Practice and pass the "common assessment items relating to registration" which form part of that course. This course and exam replace a formal course of study or self-directed study in migration law and procedure and the Migration Advice Professional Knowledge Entrance Examination (MAPKEE). Amendments provide for the Minister to specify the new course and exam, while continuing to recognise the formal course of study or self-directed study in migration law and procedure completed before 15 July 2006, and the MAPKEE passed before or on 15 July 2006.
When a registered migration agent is required to be supervised by another registered migration agent, due to the Administrative Appeals Tribunal or a court staying a decision to cancel or suspend his or her registration, the supervising agent must have at least five years' experience. This period of time excludes time when the supervising agent's registration was suspended or they were subject to a caution.
Schedule 2 Code of Conduct
The amendments clarify that the aims of the migration agents' Code of Conduct relates to establishing a proper standard for the conduct of registered migration agents, and not merely to the conduct of their business.
It is no longer a conflict of interest for a registered migration agent to provide immigration assistance to a person if they are, or intend to be, that person's employer, sponsor or a nominator.
When a registered migration agents translates a document they must write their name, the words "Migration Agent's Registration Number" and their registration number on the document.
The amendments provide that registered migration agents must not seek to mislead the Authority either directly or by withholding information.
Registered migration agents are now only required to provide a copy of Information on the Regulation of the Migration Advice Profession once they have agreed to work for a client, and before commencing that work.
The amendments clarify the position of registered migration agents, who are working outside Australia, when the law of that country is not consistent with Australian law. These agents must act in accordance with the law of Australia and the law of that country. However they will not be taken to have breached the migration agents' Code of Conduct if the law of that country prevents their compliance with Australian law.
There are some minor technical changes as a result of the department's change of name.
Transitional arrangements: Nil
Forms: Nil
Instructions: PAM3 - Migration Regulations - Div 1.4C - Sponsorship: Professional Development to be amended
Effect on delegations: Nil
Effect on systems: Nil