Migration Agents (Continuing Professional Development Miscellaneous Activities) Office of the MARA Notice MN14-11f of 2011 (Cth)

Australian Government

Office of the Migration Agents Registration Authority

Migration Act 1958

Migration Agents Regulations 1998

MIGRATION AGENTS

(CONTINUING PROFESSIONAL DEVELOPMENT – MISCELLANEOUS ACTIVITIES)

Office of the MARA NOTICE No. MN14-11f of 2011

The Office of the Migration Agents Registration Authority, acting under clause 3 of Schedule 1 to the Migration Agents Regulations 1998:

(1) REVOKES the notice entitled Migration Agents (Continuing Professional Development –Miscellaneous Activities) Office of the MARA Notice MN07-11f of 2011, made on 07/02/2011; and

(2) SPECIFIES the miscellaneous activity described in columns 2 of an item in the attached Schedule as an approved activity for the purposes of that clause:

(a) with the status specified in column 3; and

(b) having the value specified in column 4.

DECLARES the miscellaneous activity described in columns 2 of an item in the Schedule as a mandatory activity for the purposes of clause 7A and set out in column 5.

This notice has effect on and from 1 April 1998.

Date of making: 30/03/2011

(Debbie Bailey)

Delegate

Position Number: 60005493

SCHEDULE

Column 1	Column 2	Column 3	Column 4	Column 5
ITEM	ACTIVITY	STATUS	VALUE	MANDATORY
MISCELLANEOUS ACTIVITIES
60100	Immigration Law Specialist Accreditation Assessment Program	Core	10 points	Mandatory
60101	Authorship, Shared Authorship or Editorship of a book as specified(d) by the Office of the MARA	Core	3 points
60102	Authorship and Publication of an article as specified(d) by the Office of the MARA	Core	3 points
60103	Completion of an approved mentoring agreement by Mentor as specified(f) by the Office of the MARA	Core	1 point
60104	Completion of an approved mentoring agreement by Applicant as specified(f) by the Office of the MARA	Core	1 point
60105	Minimum of 13 hrs of development of an approved Program of Education activity as specified(e) by the Office of the MARA	Core	6 points
60106	Minimum of 13 hrs of presentation of an approved Program of Education activity as specified(e) by the Office of the MARA	Core	6 points
60107	Development of an approved core activity as specified(e) by the Office of the MARA	Core	3 points
60108	Development of an approved elective activity as specified(e) by the Office of the MARA	Elective	3 points
60109	Presentation of an approved core activity as specified(e) by the Office of the MARA	Core	2 points
60110	Presentation of an approved elective activity as specified(e) by the Office of the MARA	Elective	2 points
60111	Development for an approved mandatory activity as specified(e) by the Office of the MARA	Core	3 points	Mandatory
60112	Presentation of an approved mandatory activity as specified(e) by the Office of the MARA	Core	2 points	Mandatory
60113	Co-presentation of an approved mandatory activity as specified(e) by the Office of the MARA	Core	1 point	Mandatory
60114	Co-presentation of an approved core activity as specified(e) by the Office of the MARA	Core	1 point
60115	Co-presentation of an approved elective activity as specified(e) by the Office of the MARA	Elective	1 point
640000	CPD completed within the legal profession as specified(a) by the Office of the MARA	Elective	4 points
640001	CPD completed within the accounting profession as specified(b) by the Office of the MARA	Elective	4 points
640002	CPD completed by Accredited Specialist in Immigration Law as specified(c) by the Office of the MARA	Core	10 points	Mandatory

Notes: The Office of the MARA specifies that:

(a) Proof of a current legal practising certificate issued by NSW, VIC, QLD, WA or NT or current legal practising certificate issued in the ACT on or after 1 April 2011. Current at the time of making the repeat registration application.

(b) Proof of:

-           ·     full or fellow membership with the Institute of Chartered Accountants Australia current at the time of making the repeat registration application,

-           ·     full membership with Certified Practicing Accountants Australia current at the time of making the repeat registration application,

-           ·     membership with the National Institute of Accountants current at the time of making the repeat registration application (retired members are not eligible).

(c) Proof of a current certificate of accreditation as a Specialist in immigration law issued by the Law Society of NSW, the Law Institute of Victoria or the Law Society of Queensland. Current at the time of making the repeat registration application.

(d) Proof that the book or article written or edited:

-           ·     contains at least 1,000 words contributed by the author or has been solely edited by the editor,

-           ·     contributes in a positive manner to the development and practice of immigration law,

-           ·     has not been previously published in substantially the same form,

-           ·     is not the published version of a paper, or of papers, presented at another approved activity for which the author has been awarded a point or points,

-           ·     deals with a topic of legal or business nature relating to migration agents’ practice.

(e) Development or Presentation or Co-presentation of approved CPD activities:

·     must not be the development or presentation or co-presentation of an activity that is substantially in the same form as material which the migration agent claims as any other approved activity in the prescribed period (as specified by section 290A of the Act)

For example you cannot claim for (this list is not exhaustive it is intended to provide a guide)

o    both development and presentation of the same activity,

o    presentation of the same or substantially similar activity more than once,

o    the development of the same activity more than once unless there is a substantial reworking of the original material,

o    the presentation of a substantially similar activity that the migration agent claimed in another form (eg attendance at a seminar, workshop, conference, completion of distance learning – with a facilitator)

·        must not be for conducting or monitoring an assessment.

·        must not be for the presentation of distance learning – without a facilitator activity

·        must be developed or presented or co-presented by persons qualified in accordance with clause 4.2 of the CPD Provider Standard Conditions .

Presentation

·        must be presenting for a minimum duration of 1.5 hours or as specified in column 2 of the schedule (whichever is the greater)

Co-presentation

·        must be presenting/facilitating/moderating for the minimum duration of 1 hour or as specified in column 2 of the schedule (whichever is the greater),

·        must be present for a minimum of 1.5 hours at the activity or as specified in column 2 (whichever is the greater)

·        there is more than one presenter of the approved activity

(f) Proof that:

-           ·     the mentoring agreement between the parties was approved by the Office of the MARA before it commenced. Terms required in the agreement include:

o    o    has a duration between 6 and 12 months

o    o    is based on an individual 1 to 1 agreement

o    o    does not involve any personal, employment or paid relationship with the parties of the agreement

o    o    requires the completion of a mentoring log

o    o    uses at least the standard terms approved by the Office of the MARA

-           ·     the mentoring was completed in accordance with agreement approved by the Office of the MARA, and evidenced by a mentoring log

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Migration Agents (Continuing Professional Development - Miscellaneous Activities) - Office of the Mara Notice MN14-11f of 2011 (Cth)

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(b)	Proof of:
-	· full or fellow membership with the Institute of Chartered Accountants Australia current at the time of making the repeat registration application,
-	· full membership with Certified Practicing Accountants Australia current at the time of making the repeat registration application,
-	· membership with the National Institute of Accountants current at the time of making the repeat registration application (retired members are not eligible).

(d)	Proof that the book or article written or edited:
-	· contains at least 1,000 words contributed by the author or has been solely edited by the editor,
-	· contributes in a positive manner to the development and practice of immigration law,
-	· has not been previously published in substantially the same form,
-	· is not the published version of a paper, or of papers, presented at another approved activity for which the author has been awarded a point or points,
-	· deals with a topic of legal or business nature relating to migration agents’ practice.

(e)	Development or Presentation or Co-presentation of approved CPD activities:
· must not be the development or presentation or co-presentation of an activity that is substantially in the same form as material which the migration agent claims as any other approved activity in the prescribed period (as specified by section 290A of the Act)
For example you cannot claim for (this list is not exhaustive it is intended to provide a guide)
o both development and presentation of the same activity,
o presentation of the same or substantially similar activity more than once,
o the development of the same activity more than once unless there is a substantial reworking of the original material,
o the presentation of a substantially similar activity that the migration agent claimed in another form (eg attendance at a seminar, workshop, conference, completion of distance learning – with a facilitator)
· must not be for conducting or monitoring an assessment.
· must not be for the presentation of distance learning – without a facilitator activity
· must be developed or presented or co-presented by persons qualified in accordance with clause 4.2 of the CPD Provider Standard Conditions .
Presentation
· must be presenting for a minimum duration of 1.5 hours or as specified in column 2 of the schedule (whichever is the greater)
Co-presentation
· must be presenting/facilitating/moderating for the minimum duration of 1 hour or as specified in column 2 of the schedule (whichever is the greater),
· must be present for a minimum of 1.5 hours at the activity or as specified in column 2 (whichever is the greater)
· there is more than one presenter of the approved activity

(f)	Proof that:
-	· the mentoring agreement between the parties was approved by the Office of the MARA before it commenced. Terms required in the agreement include:
o	o has a duration between 6 and 12 months
o	o is based on an individual 1 to 1 agreement
o	o does not involve any personal, employment or paid relationship with the parties of the agreement
o	o requires the completion of a mentoring log
o	o uses at least the standard terms approved by the Office of the MARA
-	· the mentoring was completed in accordance with agreement approved by the Office of the MARA, and evidenced by a mentoring log