APPENDICES

Appendix 1: Advisory board—terms of reference

1. Functions

The Office of the Migration Agents Registration Authority advisory board provides advice to the Authority’s Chief Executive in relation to:

  • the Authority’s procedures, policies and strategies
  • setting of organisational directions, priorities and plans
  • any emerging issues within the sector of relevance to the regulation of migration agents.

The advisory board can also provide advice on broad policy issues relating to the migration advice profession as appropriate, including, for example, consumer protection issues.

2. Powers

The advisory board operates in an advisory capacity to the Authority and has no legal status or decision- making capacity in relation to the functions of the Authority.

3. Membership

The Chair of the advisory board is independent of the profession and the department and is appointed by the Minister for Immigration and Border Protection.

Membership of the advisory board includes but is not limited to: a consumer representative; a community representative; a nominee from the Law Council of Australia; and a nominee from the Migration Institute of Australia. Members are appointed by the Minister for Immigration and Border Protection. Membership extends only to individuals, and proxies are not permitted to attend in the place of members.

The CEO of the Authority and a representative of the Department of Immigration and Border Protection (DIBP) are also members of the board.

4. Appointment terms

The Chair and members will be appointed for a period of two years, with an option for extension at the discretion of the minister.

5. Meetings

Meetings will be held quarterly, and organised by the secretariat. In the event fewer than 70 per cent of the members are able to attend, the meeting will be rescheduled.

6. Roles and responsibilities

6.1 The Chair:

The Chair

  • may invite other people to attend meetings as necessary
  • may hold special meetings as required
  • will report to the minister on outcomes of the board, with the first report in December 2009, and annually at the end of each programme year
  • will determine the agenda for each meeting in consultation with members and the CEO of the Authority prior to each advisory board meeting.

The Chair will ensure:

  • the views of the advisory board are sought on relevant issues
  • advisory board members are provided with relevant and timely information upon which to provide advice
  • promotion of full participation by all members
  • constructive questioning and strategic thinking
  • appropriate management of conflicts of interest
  • consideration of relevant strategic risks.

6.2. Members

Members are responsible for:

  • ensuring appropriate confidentiality of papers and meeting discussions
  • exercising due diligence and a good faith commitment to acting in the best interests of the regulatory function at all times
  • declaring any real or potential conflicts of interest to the Chair prior to any discussion of the matter.

6.3. CEO of the Authority

The CEO of the Authority will provide relevant and timely information on: implementation of any key Authority strategies; statistics relating to the operations of the Authority; work in key areas such as continuing professional development; outcomes of decisions reviewed by the Administrative Appeals Tribunal; and any significant current issues.

6.4. DIBP representative

The department’s representative will provide relevant and timely information on departmental activities of relevance to the Authority’s regulatory functions, such as recent legislative or policy changes impacting on the Authority.

Appendix 2: Performance information and outcomes

Deliverables

The following table reports against programme 1.1 deliverables as published in the Portfolio Budget Statements 2013–14 (PBS) and Portfolio Additional Estimates Statements 2013–14 (PAES).

Table 9: Report against deliverables for the Authority

Deliverable: Pursue improvements to communications that increase consumers’ understanding of their rights and agents’ understanding of their obligations under the regulatory framework.

Result: The Authority has continued its programme of broad stakeholder engagement throughout 2013–14 with greater emphasis placed on consumers and community groups. Staff met a range of community groups, registered migration agents, professional associations and industry bodies as well as a number of businesses and Australian Government agencies. Stakeholder feedback is used to focus regulatory activities on areas of greatest need to promote consumer protection.

Staff attended a Chinese community business forum and delivered a presentation in Mandarin, which was well received. This presentation enhanced consumer awareness and expectations about using a registered migration agent to help with business skilled visas and the agents’ obligations under the code of conduct.

Senior staff also attended various stakeholder consultation workshops and visited regional areas, including Townsville, Cairns and the Gold Coast, to meet local registered migration agents and settlement service providers. The visits have led to a greater understanding of issues affecting agents and consumers in regional areas. The Authority has also contributed to small business forums conducted by the Department of Fair Trading to disseminate relevant information to registered migration agents and consumers seeking their services.

Deliverable: Consider all applications for registration appropriately to ensure that only suitable persons are registered as migration agents, and unsuitable persons are refused registration or re-registration.

Result: In 2013–14 the Authority continued to ensure that only suitable persons were approved to be registered migration agents, in accordance with the legislative and procedural requirements. Of the applications decided, 13 were refused and 32 agents withdrew their applications before a decision was made.

The Authority refused applications for initial registration where applicants did not meet the English language requirements for registration as a migration agent and where applicants were not found to be fit and proper persons to provide immigration assistance.

Two applicants who were refused sought review by the Administrative Appeals Tribunal (AAT). In each case, refusal was due to the person not meeting the English language requirement for initial registration. The AAT finalised one case with dismissal by consent. The other application remained before the AAT as at 30 June 2014. In addition, the AAT finalised a case resulting from a refusal decision made in the previous financial year where the applicant was not considered a fit and proper person to provide immigration assistance. This decision was affirmed by the AAT. The applicant has sought judicial review.

On 5 December 2013 the Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash, removed the English language proficiency requirement for re-registering migration agents. The provision was to come into effect on 1 January 2014 and has resulted in considerable savings for many registered migration agents. The requirements for initial registration have not changed and all initial applicants need to demonstrate their English language proficiency.

In 2013–14, the authority received 12 complete applications from people seeking to be registered under the Trans-Tasman Mutual Recognition Act 1997. This is a small but complex caseload.

As at 30 June 2014 there were 18 agents registered under the TTMR Act.

Deliverable: Pursue improvements to entry level qualifications and continuing professional development.

Result: Registered migration agents must complete 10 continuing professional development (CPD) points each year to renew their registration. In 2013–14, the Authority enhanced CPD by offering greater flexibility and choice for agents. The number of approved activities available for completion increased during the year from 358 to 411 and seven new providers were approved.

The market for delivering the Practice Ready Programme (PRP) was re-opened with the release of an expression of interest, with a view to providing more options, flexibility, availability and competitiveness. The programme aims to equip registered migration agents in their first year of registration with relevant skills and knowledge to practise successfully. The PRP will also benefit agents in their second or subsequent years of registration if they elect to undertake specific PRP modules to build upon existing knowledge or develop new practice skills.

In its commitment to ensure that entry knowledge requirements address relevant competencies, the Authority has improved the moderation process for the prescribed examination. The measures improve clarity, consistency and accountability without imposing an additional burden on universities offering the Graduate Certificate in Australian Migration Law and Practice.

Deliverable: Ensure the interests of persons using the services of registered migration agents are effectively protected.

Result: The Authority continued to have a strong focus on engaging with agents to provide guidance and support to improve standards of professional practice in compliance with the code of conduct. This was achieved in a number of ways by:

  • initiating a monitoring programme to ensure that registered migration agents are complying with their obligations under the code of conduct
  • using the Authority’s informal (or early) resolution framework, aimed at protecting consumer interests by achieving educative and remedial outcomes
  • providing advice to agents on meeting standards of professional conduct. This service was bolstered by the introduction of the new website which provides agents with a further avenue to contact the Authority and seek advice and guidance.

Deliverable: Ensure all complaints about the services of registered, or formerly registered, migration agents are appropriately addressed in line with transparent complaint handling criteria including referral to other relevant agencies.

Result: In addressing complaints about the services of registered or formerly registered migration agents, the Authority processes less complex complaints using an informal action process and more complex complaints through formal investigation. In 2013–14 the Authority developed and implemented a case classification matrix which guides officers in determining the appropriate outcomes available and therefore the appropriate process for handling a complaint.

When investigating complaints alleging serious professional misconduct, the Authority makes findings of fact and provides detailed reasons for its decisions. In managing complaints raising minor breaches of the code of conduct, the Authority, in accordance with the report recommendations of the complaints handling review, has implemented more streamlined procedures to ensure more timely outcomes with a focus on education and guidance to improve professional standards.

Complaints which are not within the Authority’s power to investigate are referred to the relevant agency. Complaints relating to the provision of immigration legal assistance by registered lawyer agents are referred to the legal regulators. Complaints raising allegations of fraud and unregistered practice by an individual are referred to the Department of Immigration and Border Protection for investigation, as these matters fall within the department’s jurisdiction. For example, in April 2014 a former registered migration agent was sentenced to a minimum of five months imprisonment for fraudulently altering departmental letters.

Key performance indicator

The following table reports against the programme 1.1 key performance indicators as published in the PBS 2013–14 and PAES 2013–14.

Table 10: Report against key performance indicators for the Authority

Indicator: New registration or re-registration applications finalised within service standards.

Result: The introduction of the Authority’s new information technology platform had a significant impact on the finalisation of applications within service standards. While the statistics for the year show that the finalisations of repeat registration applications are below service standards, by 30 June 2014 the Authority was again tracking within service standards on a monthly basis.

The service standards are as follows:

  • finalisation of 95 per cent of complete initial registration applications within four weeks of the 30-day objection period elapsing. The standard achieved decreased slightly from 97.4 per cent in 2012–13 to 93.0 per cent
  • finalisation of 95 per cent of complete repeat registration applications within four weeks of receipt. The standard achieved decreased from 97.9 per cent in 2012–13 to 85.6 per cent.

Indicator: Maintain a quality assurance framework for continuing professional development activities offered to registered migration agents.

Result: During the year the Authority evaluated 147 continuing professional development (CPD) activities to ensure they were delivering the targeted learning outcomes.

Quality assurance processes were supplemented by incorporating feedback received from participants who had attended CPD activities through different modes and with a range of providers. The information provides insight as to whether the current CPD offerings meet the needs of the profession.

Indicator: Efficient resolution of complaints about registered or formerly registered migration agents.

Result: In 2013–14, 433 complaints were received or re-opened and 398 complaints were finalised. Of the complaints finalised, 77.8 per cent were finalised in less than six months and 94.3 per cent were finalised in less than 12 months, meeting service standards.

The number of complaints on hand at 30 June 2014 was 212.

Indicator: Information about the Authority and the use of registered migration agents is widely available to migrants and humanitarian entrants.

Result: In 2013–14 the Authority increased the number of languages in its key information publications that are available for download, by four. This brings the total number of languages available to 35. Analysis of electronic downloads of these publications shows they are popular communication products.

The introduction of a new website for the Authority has improved search functionality and enables prospective migrants to search more easily for a migration agent. A map search is now available and all web pages have been rewritten in plain English to improve readability and accessibility.

After the new website was launched, messages were sent using the department’s Facebook and Twitter accounts, and the use of social media to reach a wider client base by contributing articles to the department’s migration blog was also explored. A new video was also released on YouTube.

Table 11: Visa and migration—key performance indicators

Key performance indicators

2011–12
Actual

2012–13
Actual

2013–14
Target

2013–14
Actual

Percentage of complete registration applicants finalised within service standards.

98.9%

97.4%

95.0%

89.3%

Percentage of registered migration agents who participated in continuing professional development activities and found them useful.

>82%

>65%

>65.0%

>65.0%

Percentage of complete complaints finalised within service standards.a

70.0%

75.8%

90.0%

90.2%

Percentage of migration agents monitored.b

0%

0%

5.0%

8.0%

(a) Service standards available at www.mara.gov.au

(b) New indicator introduced in 2013–14.