OPERATIONAL REPORTS

• As at 30 June 2013 there were 4899 registered migration agents.
• There were 342 not-for-profit agents.
• There were 1658 agents (33.8 per cent) who held, or had held, a legal practising certificate.
• There were 503 agents who left the profession, compared with 474 in 2011–12.
• There were 599 new agents who entered the profession, compared with 577 in 2011–12.
• There were 4225 agents who continued their registration from the previous year.

The Authority’s performance standards in relation to processing applications for registration are to:

In 2012–13 the Authority consistently met or exceeded the performance standards for finalising complete applications:

The Authority received a total of 648 applications for initial registration and 4325 repeat registration applications, compared to 587 initial applications and 4751 repeat applications in 2011–12.

Table 2 shows the number of initial and repeat registration applications received, approved, refused or otherwise finalised
in 2012–13.

Table 2: Number of initial and repeat registration applications, 2012–13

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Initial registration applicants

On 1 July 2012 a legislative English language requirement was introduced for all initial applicants, following amendments to the Migration Agents Regulations 1998.

A similar requirement was first introduced by the Authority on 1 January 2010 and was applied under policy until the amendments to the regulations came into effect.

The requirement is the achievement of an International English Language Testing System (IELTS) academic overall score of 7.0 with minimum scores of 6.5 in each module (reading, listening, speaking and writing) or a Test of English as a Foreign Language (TOEFL) overall score of 100 with a minimum score of 22 in each module.

Applicants who hold an Australian legal practising certificate are exempt from this requirement, as are those who meet the defined educational pathways.

Of the initial applicants who lodged an application in 2012–13:

A number of applications that were finalised in 2012–13 were lodged when English language proficiency was a requirement under policy. Of these, 10 (1.6 per cent of all applicants) were approved under policy and none were refused.

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From 1 January 2014 all registered migration agents will be required, under the legislation, to meet an English language requirement. This requirement is consistent with the existing requirement for initial applicants. However, the legislation does include a number of exemptions for some applicants for repeat registration from providing evidence that they meet the English language requirement. These exemptions include registered migration agents who have previously been found to meet the English language requirement on the basis of their IELTS or TOEFL test results, and registered migration agents who were first registered before 1 January 2004 and have at least 10 years’ experience as a registered migration agent. Additionally, applicants may submit IELTS test results from either the general or academic tests as evidence that they meet the English language requirements.

Based on the survey of registered migration agents about proposed English language changes, conducted by Australian Survey Research, it is anticipated that around 15 per cent of agents would need to sit an English language test to demonstrate their proficiency in English. The majority of registered migration agents should be able to obtain an exemption based on their qualifications, education in specified English-speaking countries or their experience.

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In 2012–13, 10 applications for registration were refused, compared with 13 in 2011–12. Eight of these were initial registration applications and two were repeat registration applications. Of the 10 refused applications:

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During 2012–13 there were three new appeals to the Administrative Appeals Tribunal (AAT) arising from the Authority’s decision to refuse registration in that year. Of these appeals, two were ongoing as at 30 June 2013. The AAT finalised three appeals which were before it in 2012–13.

Of the five appeals before the AAT in 2012–13:

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The number of agents with a current or expired legal practising certificate was 1604 on 30 June 2013, compared with 1435 on 30 June 2012. As at 30 June 2013, this number represented 32.7 per cent of all registered migration agents.

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The Authority recognises immigration advisers who hold full or limited licences with the New Zealand Immigration Advisers Authority (NZIAA) under the TTMR Act. Similarly, Australian-registered migration agents are recognised by the NZIAA.

As at 30 June 2013, 14 New Zealand licensed immigration advisers were registered in Australia under the TTMR Act. The NZIAA advised that, as at 30 June 2013, 109 Australian-registered migration agents were registered in New Zealand under their TTMR Act.

In March 2013, representatives from the Authority met with officials from the NZIAA to progress a number of issues of mutual interest, including working towards the finalisation of a memorandum of arrangement.

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An integral part of the repeat registration process is the auditing of an agent’s compliance with the code of conduct, particularly in relation to the handling of client monies and maintenance of a professional library.

In 2012–13 the Authority increased the level of auditing it conducted of the financial records held by registered migration agents, with a view to educating and supporting agents to amend their practices, where required, to comply with their obligations under the code of conduct. This involved taking a more forensic approach to monitoring agents’ handling of client monies, including examination of accounts and ledgers where irregularities had become apparent. A more comprehensive monitoring program will be commenced in 2013–14.

A useful resource made available to registered migration agents is the client monies toolkit, which was released on 21 December 2012 and is freely available on the website. This was put together as a result of a review of the financial protection of consumers of migration advice services conducted by the firm Ernst & Young, and following consultation with registered migration agents and other stakeholders. The review identified measures to increase the financial protection of consumers through better education and awareness relating to regulation of agents’ handling of client monies.

Changes that registered migration agents have been asked to make to their practices include ensuring that:

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In July 2012 the Authority introduced enhancements to its online repeat registration system. These enhancements mean that registered migration agents are now also able to pay for their registration application by credit card. In addition, agents are able to lodge their complete application online.

The Authority has seen a significant uptake of these online payment facilities and the lodgement of repeat registration applications online.

Through 2012–13 the Authority worked towards implementing a more streamlined online registration application process for both initial and repeat registration applicants. This will be implemented in 2013–14.

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