Migration (Migration Agents Code of Conduct) Regulations 2021

Overview

The Migration (Migration Agents Code of Conduct) Regulations 2021 were enacted under the Migration Act 1958 and came into effect on 1 March 2022. These regulations were introduced to address the need for a clear and comprehensive set of professional standards and ethical guidelines for migration agents in Australia. The aim of the regulations is to protect clients of migration agents and to strengthen the integrity of the immigration advice industry and Australia's immigration system. The regulations are enforced by the Migration Agents Registration Authority, which has the power to cancel or suspend the registration of a migration agent who fails to comply with the Code of Conduct. The regulations cover a wide range of areas, including the general duties of migration agents, the duties relating to Australia's immigration system, the duties relating to practice management, the agent-client relationship, and the duties relating to keeping the Authority, clients, Department, and review authority informed of matters relating to the migration agent. The regulations also set out the duties of migration agents in relation to fees, disbursements, client documents, record keeping, and the termination of the agent-client relationship.

Scope and Application

The Migration (Migration Agents Code of Conduct) Regulations 2021 is a legislative instrument made under the Migration Act 1958. It prescribes a Code of Conduct for registered migration agents, which they must adhere to in their professional capacity. The Act applies to registered migration agents, requiring them to act professionally, ethically, and diligently in their dealings with clients and government officials. It also mandates that migration agents maintain skills and knowledge, comply with migration laws, and avoid conflicts of interest. The Act extends to protecting clients and enhancing the integrity of the immigration advice industry and Australia’s immigration system. The legislation applies nationally across Australia and includes provisions for responding to requests from the Migration Agents Registration Authority, managing client-agent relationships, and handling client documents and fees. The Act does not apply to the exclusion of State or Territory laws that impose duties on migration agents.

Key Provisions

• The Migration (Migration Agents Code of Conduct) Regulations 2021, made under the Migration Act 1958, establish a Code of Conduct for registered migration agents. These regulations outline the general duties, duties relating to Australia's immigration system, duties to maintain skills and knowledge, and duties relating to practice management. They also provide for the agent-client relationship, client documents, record keeping, and the termination of the agent-client relationship. The regulations mandate that migration agents must act professionally, ethically, and diligently, comply with migration law, and not engage in conduct that could damage their reputation or the industry. They must treat all persons with respect, avoid making false or misleading statements, and not threaten to contravene the regulations. Additionally, migration agents must ensure they comply with migration law, avoid actions intended to defeat or evade it, not give futile immigration assistance, and not make false or misleading statements to government officials. They must also maintain sufficient knowledge and skills, ensure immigration assistance is provided only by registered agents, and avoid making false or misleading statements in promoting their business. Furthermore, agents must hold professional indemnity insurance, notify the Authority and clients of material changes, and ensure that immigration assistance is given only by registered agents. They must also respond to requests from the Authority for information or documents, and in the agent-client relationship, act in the legitimate interests of the client, inform clients of conflicts of interest, and maintain confidentiality. The regulations also detail duties relating to fees, disbursements, client documents, record keeping, and the termination of the agent-client relationship.
• Migration agents are obligated to adhere to a set of professional and ethical standards, including acting professionally, ethically, and diligently, complying with migration law, and avoiding actions that could damage their reputation or the industry. They must treat all persons with respect, avoid making false or misleading statements, and not engage in conduct that could contravene the regulations. Additionally, agents must ensure they maintain sufficient knowledge and skills, comply with migration law, and avoid providing futile immigration assistance. They must also ensure that immigration assistance is provided only by registered agents, hold professional indemnity insurance, and notify the Authority and clients of material changes. Furthermore, agents must respond to requests from the Authority for information or documents, and in the agent-client relationship, act in the legitimate interests of the client, inform clients of conflicts of interest, and maintain confidentiality.
• Breaching the regulations may result in civil or criminal consequences. For example, the Authority may cancel or suspend the registration of a migration agent, or caution an agent, if the Authority becomes satisfied that the agent has not complied with the Code of Conduct. The maximum penalties for breaches can vary, but may include fines and imprisonment, depending on the severity of the breach.

Legal classification tags

Area of Law

Immigration & Refugee Law

Instrument

Regulation

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Prohibited Conduct