Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional activities of migration agents in Australia, ensuring that they maintain a high standard of professional conduct and competence. The problem this legislation sought to address was the need for a structured and recognised system for the continuing professional development of registered migration agents, to maintain and enhance their skills and knowledge in the field of migration law and practice. This regulation is made by the Migration Agents Registration Authority under the Migration Act 1958 and aims to facilitate the professional growth and ethical practice of migration agents. The Explanatory Statement indicates that the policy objective is to provide clarity and specificity regarding the types of activities that count towards the continuing professional development requirements for re-registration, with a particular focus on pro bono activities. This ensures that migration agents remain adequately trained and informed, thereby protecting the interests of clients and maintaining the integrity of the migration system.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD) that registered migration agents must complete to re-register under the Migration Act 1958. This Explanatory Statement pertains to the Authority's notice that outlines activities involving the provision of immigration assistance without charge, also known as 'Pro bono advice', as approved CPD activities. The instrument replaces the previous notice, Migration Agents (Continuing Professional Development – Pro bono activities) Office of the MARA Notice MN03-10g of 2010, with a new set of activities. It specifies new activities that confer points, revokes the previous listing of approved activities, and alters some of those specified as approved activities by the Authority. The instrument, being of a minor or machinery nature, does not substantially alter existing arrangements for CPD for registered migration agents and thus does not require consultation. It is effective as of 1 April 1998, allowing registered migration agents to claim credit for any CPD activities listed in the notice, which they have completed within the 12 months prior to applying for repeat registration, thus ensuring that agents are not disadvantaged.

Key Provisions

The main operative sections of the Notice concern the specification of approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. Under clause 3 of Schedule 1 to the Migration Agent Regulations 1998, the Migration Agents Registration Authority (the 'Authority') is empowered to specify these activities via a notice published on its website. Section 290A of the Migration Act 1958 stipulates that all registered migration agents must complete approved CPD activities that have a value of at least 10 points to re-register. The Notice revokes the previous notice, entitled Migration Agents (Continuing Professional Development – Pro bono activities) Office of the MARA Notice MN03-10g of 2010, and lists new activities approved for CPD purposes. The Notice imposes several obligations and requirements on the parties it governs. Registered migration agents must complete approved CPD activities to maintain their registration. These activities should involve the provision of immigration assistance without charge, also known as 'pro bono advice'. The Authority is responsible for specifying these activities and ensuring that they meet the CPD requirements. Agents must engage in activities that are listed in the Notice and have the requisite point value, ensuring their continued professional development and competency in their field. In terms of offences, penalties, or consequences for breach, the Notice does not explicitly outline criminal or civil penalties for non-compliance with the specified CPD requirements. However, failure to complete the requisite CPD activities could result in the inability to re-register as a migration agent, effectively preventing the agent from continuing their professional practice. The retrospective nature of the Notice ensures that agents who have completed approved activities before the Notice was published can still claim credit for these activities, provided they were undertaken within 12 months prior to the application for repeat registration. This mechanism ensures that agents are not disadvantaged by the changes made to the approved activities.