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; the status of the activity; and the number of points for each activity.
3. The purpose of the Instrument is to approve the provision of immigration assistance without charge (also known as ‘Pro bono advice’) for the purposes of Continuing Professional Development for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Pro Bono activities) MARA Notice MN14-04 of 2004, published on 30/03/2004, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
5. 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; and having the value specified in column 5.
6. 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 new 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.
7. 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.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. 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.
10. 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 are adequately trained and maintain professional standards. The instrument F2005L02725, made under clause 3 of Schedule 1 to the Regulations, was introduced by the Migration Agents Registration Authority to address the need for updated and specific guidelines for activities considered as Continuing Professional Development (CPD) for registered migration agents. This instrument aims to approve activities such as providing immigration assistance without charge, known as 'Pro bono advice', as part of CPD requirements. The Authority's decision to revoke the previous notice and specify new approved activities aims to streamline and clarify the types of CPD activities that are recognised, ensuring that migration agents can efficiently meet their professional development obligations.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2005L02725, applies to registered migration agents in Australia who must comply with Continuing Professional Development (CPD) requirements. The regulations specifically address activities that can be approved for CPD purposes, including the provision of immigration assistance without charge, known as ‘pro bono advice’. The Authority, as outlined in the explanatory statement, has the power to specify these activities through notices published on its website. The revised notice revokes the previous notice from 2004 and introduces a new set of approved activities, each assigned a status and point value for CPD purposes. This instrument, being of a minor or machinery nature, does not significantly alter existing CPD arrangements but ensures that new activities are recognised and previously approved activities are updated. The retrospective application of the instrument ensures that migration agents who completed approved activities under the previous notice are not disadvantaged, maintaining the integrity of their CPD records.
Key Provisions
The key provisions of the notice under clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (Regulations) focus on approving specific activities for Continuing Professional Development (CPD) for registered migration agents. This involves specifying activities that can be undertaken by these agents to maintain their professional standards and knowledge. According to section 3 of the Regulations, the Authority is empowered to designate these activities through notices published on its website. Each approved activity must have a name, a provider (if applicable), a status, and a designated number of points (clause 3(1)(a) to (d)). This notice specifically aims to approve the provision of immigration assistance without charge, commonly known as 'pro bono advice', for CPD purposes (clause 3(2)).
The obligations imposed on parties by this notice require registered migration agents to engage in approved CPD activities to meet the standards set forth by the Authority. These activities are critical for maintaining their registration and ensuring that they remain competent and up-to-date with the latest immigration laws and practices. The notice mandates that any CPD activities must be those specified and approved by the Authority, ensuring a standardised approach to professional development in the field of migration.
Regarding consequences for non-compliance, the notice does not explicitly outline offences or penalties for failing to comply with the approved activities or points system. However, the importance of these activities for CPD is underscored by their requirement under section 290A of the Migration Act 1958, which mandates ongoing professional development for registered agents. Failure to comply with these requirements could potentially lead to disciplinary action or even revocation of their registration, as the CPD points are essential for maintaining their professional standing.
Moreover, the retrospective application of this notice ensures that activities previously approved under now-revoked notices are still recognised, preventing any disadvantage to agents who have completed such activities. This retroactive aspect is crucial to maintain fairness and continuity in the professional development framework for migration agents. The notice clarifies that unless it is applied retrospectively, agents who engaged in approved activities before the registration of the new notice would be unfairly disadvantaged, as their previous activities would no longer count towards their CPD requirements.