EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (‘the Regulations’).
2. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its web site, approved activities for the purposes of Continuing Professional Development for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; the number of points for each activity, and the requirements for completion of the activity.
3. The purpose of the Instrument is to specify approved Attendance at a Seminar, Workshop, Conference or Lecture for the purposes of Continuing Professional Development for Registered Migration Agents.
4. In order to be eligible to complete an activity, a participant must at the time of commencing the activity, meet the eligibility requirement specified in column 6.
5. The eligibility requirement is specified in terms of levels explained in the table under paragraph 3 of the instrument. Activities which are specified as Level 1, have no eligibility requirements, and may be commenced and completed by any participant. Activities which are specified as Level 2 or 3, require the participant, at the time of commencing the activity, to have the years of experience as a migration agent, to have completed the requisite number of approved CPD activities, or to have the Authority’s approval, as specified in the table under paragraph 3 of the instrument.
6. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MN49-05c of 2005, published on 01/12/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
7. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; having the value specified in column 5; and having the eligibility requirement specified in column 6.
8. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of Continuing Professional Development for Registered Migration Agents. The instrument confers points on, and sets completion requirements for, all activities set out in column 2 in the Schedule; revokes the previous listing of approved activities; and alters those activities specified as approved activities by the Authority. Consultation under these circumstances is not required.
9. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
10. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
11. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
12. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to regulate the activities of migration agents in Australia, ensuring that they maintain high professional standards and are competent to provide services to those seeking migration advice and assistance. The Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) Notice 2006 (F2006L00318) was introduced to address the need for a more structured and defined approach to the continuing professional development (CPD) of registered migration agents. The notice was made under clause 3 of Schedule 1 of the Regulations and was enacted by the Migration Agents Registration Authority (the 'Authority'). The policy objective of the notice is to ensure that migration agents remain updated with the latest developments in migration law and practices, thus enhancing their ability to provide quality services to clients. The notice specifies approved activities for CPD purposes, including seminars, workshops, conferences, and lectures, and sets out the points allocated to each activity and the eligibility requirements for participation.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents in Australia, specifically focusing on their continuing professional development (CPD) requirements. This regulation allows the Migration Agents Registration Authority to specify approved activities for CPD purposes, including seminars, workshops, conferences, and lectures, which are necessary for maintaining the professional standards of migration agents. The regulation specifies the point values and eligibility requirements for each CPD activity, which vary depending on the level of the activity. Activities are classified into different levels, with Level 1 having no eligibility requirements and Levels 2 and 3 requiring specific years of experience, prior completion of approved CPD activities, or approval from the Authority. The regulation also mandates retrospective application to ensure that activities completed under previous notices, which have been revoked, remain eligible for CPD points. This ensures that migration agents who participated in these activities are not disadvantaged. The regulation applies across Australia and does not substantially alter existing CPD arrangements.
Key Provisions
The Migration Agents Regulations 1998, as amended by this instrument, establish the framework for approved activities related to Continuing Professional Development (CPD) for registered migration agents. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify these activities via a notice published on its website (section 2). These activities encompass attendance at seminars, workshops, conferences, or lectures and include details such as the name of the activity, the provider (if any), whether the activity is core or elective, the number of points awarded for each activity, and the specific requirements for its completion (section 3). The purpose of this instrument is to detail the approved activities for CPD (section 4).
To participate in these activities, a migration agent must meet certain eligibility criteria specified in the instrument (section 5). These criteria vary depending on the level of the activity: Level 1 activities have no eligibility requirements and can be undertaken by any participant, whereas Level 2 and Level 3 activities require the agent to have a specific number of years of experience, to have completed a certain number of approved CPD activities, or to have the Authority's approval (section 5). This tiered approach ensures that agents progressively engage in more complex activities as they gain experience and expertise.
Breach of the requirements outlined in this instrument could result in civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. However, it is clear that failure to complete approved CPD activities as required under section 290A of the Migration Act 1958 could have significant professional repercussions for migration agents. This includes potential disciplinary action by the Authority, which could affect their registration status.
This instrument revokes the previous notice titled "Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MN49-05c of 2005" and introduces a new set of approved activities. This change is effective from 1 April 1998 and requires retrospective application to ensure that agents who completed activities under the previous notice are not disadvantaged (sections 6 and 9). This retrospective application is crucial because it acknowledges the completion of activities prior to the registration of this instrument, ensuring that agents can still benefit from their prior CPD efforts.