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OPERATIONAL REPORTS
Registration and Client Services
2009–2010 in brief
- As at 30 June 2010, there were 4482 registered migration agents. Of these:
- 857 were in their first year of registration
- 3625 were re-registered migration agents.
- There were 246 not-for-profit agents.
- There were 1185 agents with a legal practising certificate.
- 564 agents left the profession during the year, compared with 462 in 2008–09.
Performance standards for registration
The Office of the MARA’s target is to achieve the following performance standards for processing applications for registration:
- acknowledge receipt of the registration application by email and send the tax invoice to the applicant within two business days of receipt
- have 95 per cent of complete initial registration applications finalised within four weeks of the 30 day objection period lapsing
- have 95 per cent of complete repeat registration applications finalised within four weeks
- send the certificate of registration within two weeks of approval of the application.
Performance against standards
While the vast majority of registration applications are finalised within the stated timeframes for performance, the performance standards of 95 per cent finalised within these timeframes were not consistently met. This was due to a number of factors including an increased number of applications received, staff turnover and resolution of old cases.
- In 2009–10, 91.1 per cent of complete initial registration applications were finalised within four weeks of the 30 day objection period lapsing.
- In 2009–10, 91.6 per cent of complete repeat registration applications were finalised within four weeks.
Registration activity report
Initial |
Repeat |
Total |
|||||
Not-for-profit |
Commercial |
Total |
Not-for-profit |
Commercial |
Total |
||
Applications |
63 |
710 |
773 |
214 |
3543 |
3757 |
4530 |
Applications |
59 |
772 |
831 |
202 |
3524 |
3726 |
4557 |
Applications |
1 |
2 |
3 |
4 |
2 |
6 |
9 |
Otherwise |
3 |
8 |
11 |
9 |
62 |
71 |
82 |
2Otherwise finalised includes invalid applications and those that were withdrawn. An application might be invalid because the application fee was not paid or the information provided did not substantially comply with that required by the approved form.
Initial registration
People wanting to register as a migration agent for the first time must satisfy a number of registration requirements to determine if the applicant is suitable for registration.
For initial registration, there are a number of specific requirements that must be met:
- Prove completion of the Graduate Certificate in Australian Migration Law and Practice. Alternatively, the applicant may hold a current legal practising certificate issued by a relevant Australian body.
- Have an acceptable level of English language competency. From 1 January 2010, the new standard is an academic IELTS band score of seven with a minimum of 6.5 for each component, or other educational qualifications showing proficiency in English.
- Complete and provide the results of a police criminal history check.
In addition, the names of applicants and their intention to apply for registration are published on the Office of the MARA website for a period of at least 30 days before the application can be decided. This provides members of the public with an opportunity to object, or make submissions about, the applicant’s intended registration.
Definitions for these terms and a full list of requirements are included in the Policy and Procedures Manual which is available on the website.
A total of 773 initial registration applications were received in 2009–10. Of these, 603 applications were lodged in the first six months. The high lodgement rate in the first half of the year was due in part to prospective agents lodging applications prior to the introduction of the higher English language requirements.
There were 831 initial applications approved, bringing the total of registered migration agents who are in their first year of registration to 857 at 30 June 2010.
Registration welcome package
Newly registered migration agents receive a welcome package which contains:
- a welcome letter from the CEO
- certificate of registration
- credit card sized agent registration card
- information on continuing professional development
- data on average fees charged by commercial registered migration agents
- document to provide to clients – Information on the Regulation of the Migration Advice Profession
- information on the re-registration process
- a copy of the current migration agents Code of Conduct.
Repeat registration
Registration must be renewed every year. The number of repeat registrations approved in 2009–10 was 3726, compared with 3312 in 2008–09. The number of re-registered migration agents at 30 June 2010 was 3625, which differs from those finalised due to the balancing effect of agents leaving the profession.
Specific requirements apply at re-registration, including:
- evidence of current professional indemnity insurance
- demonstrated completion of required CPD activities during the past 12 months
- provision of information on the average fees charged by commercial agents. This information is collated to illustrate the range of agent fees charged and is published on the Office of the MARA website as a guide to consumers.
Since January 2010, a streamlined process has been available to re-registering agents. Partial online registration which involves the automated pre-population of significant agent information has simplified the re-registration process.
The partial online registration process involves:
- a re-registration reminder email sent to registered migration agents eight weeks before the expiry of their registration
- the appearance of a reminder icon on the agent’s home page on the Office of the MARA website
- the agent going through a four-step re-registration process where they confirm or update relevant information online
- the agent downloading their one page personalised re-registration form and mailing or hand delivering to the Office of the MARA.
The new website has facilities for electronic payment by BPAY®, making the service more convenient for applicants. Work was undertaken during the year to expand BPAY® to include payments by credit card.
Refusal of registration applications
In 2009–10, nine applications were refused, compared with five in 2008–09. Of these:
- three were refused where the applicant is not a fit and proper person or not a person of integrity
- five were refused because the applicant would not provide evidence of holding professional indemnity insurance
- one was refused because the applicant did not hold the prescribed qualification.
Agents with a legal practising certificate
The number of agents with a legal practising certificate was 1185 on 30 June 2010, compared with 1124 at 30 June 2009. As at 30 June 2010, this is 26.4 per cent of all registered migration agents.
Details of agents with a legal practising certificate are maintained on the database, as the qualification is material to both initial and repeat registration as well as CPD requirements.
In response to the review recommendations and requests from the Law Council of Australia, the Office of the MARA explored whether those with legal practising certificates could be identified on the website. A technical solution has been identified and is scheduled to be implemented in 2010–11. This change will provide additional information to assist consumers.
Not-for-profit agents
The number of not-for-profit agents increased slightly during the year, from 230 in 2008–09 to 246 in 2009–10, an increase of approximately seven per cent. Approximately 48.8 per cent of not-for-profit agents hold legal practising certificates. Not-for-profit registered migration agents operate in every state and territory (see Figure 6). 47.2 per cent were born overseas in 41 countries across Asia, Europe, the Americas, the Middle East and Africa.
There are a number of concessions for registered migration agents who do not charge for their services, such as lower registration application fees. The Office of the MARA is working with stakeholders to identify additional measures to increase the availability for disadvantaged clients of pro bono services from both the not-for-profit and commercial sectors of the profession.
Geographic spread – not-for-profit registered migration agents
Trans-Tasman Mutual Recognition Act 1997
Immigration advisers who are licensed with the New Zealand Immigration Advisers Authority (IAA) come under the Trans-Tasman Mutual Recognition Act 1997 (TTMRA). The TTMRA recognises the regulatory standards adopted in New Zealand for equivalent registered occupations and enables the registration of New Zealand’s licensed immigration advisers in Australia. The New Zealand IAA licenses both New Zealand citizens and overseas advisers.
During 2009–10 the Office of the MARA worked with DIAC and the New Zealand IAA to put in place measures to deal with the practical implications of recognising New Zealand licensed immigration advisers under the TTMRA.
Arrangements were completed in May 2010 and information on the TTMRA registration process was made available on the Office of the MARA website.
As at 30 June 2010, no New Zealand licensed immigration advisers were registered in Australia under the TTMRA. The New Zealand IAA advised that as at 30 June 2010, 162 Australian registered migration agents were registered in New Zealand under the Trans-Tasman Mutual Recognition Arrangement.
Auditing compliance with the Code of Conduct
The Office of the MARA has continued to audit compliance with the migration agents Code of Conduct during the re-registration process.
Auditing may include the following:
- Agents provide a receipt proving they hold a current professional library.
- Re-registering agents who collect or intend to collect monies in advance for disbursements or in advance of providing immigration assistance are required to provide the Office of the MARA with a copy of their most recent clients’ account statement covering a minimum four week period. Agents with legal practising certificates who fall into this category may also provide a copy of their annual trust account auditing report.
- Similarly, re-registering agents who offer a ‘no win, no fee’ service or refunds based on certain conditions, are audited to ensure they have the capacity to honour these commitments, such as through sufficient bank account balances, insurance or bank guarantees.
- Agents with a clients’ account are also required to provide a bank statement detailing one month of transactions. This is to assess whether client funds are being managed in accordance with the migration agents Code of Conduct.
Full audits may be conducted on a case by case basis where issues of non-compliance become apparent.
Initiatives and enhancements
The Office of the MARA has put in place processes to manage the registration applications of agents, both efficiently and with integrity. Significant efforts were made to improve forms and to provide information to assist with the completion of registration applications.
A management initiated review of processes was undertaken in June 2010. The report supported a range of current practices and, where improvements were identified, acknowledged that the Office of the MARA was already taking action to address many of them.
Client services
A Client Service Charter detailing service standards was developed and made publicly available on the website.
A dedicated client service team was established, comprising staff from each section, to ensure that expertise across all functions of the office is available to clients. The team manages the front counter, general telephone inquiries and general email inquiries. Work was also undertaken to develop a client service survey which will be completed in 2010–11.
A dedicated phone line for registered migration agents was managed by the Registration and Client Services section. During the first six months of the year, a large number of calls to the agents’ phone line related to change of detail requests. Following the re-release of the website, which provided enhanced functionality, registered migration agents have been able to change some of their contact details online.
This additional functionality reduced the number of calls to the agents’ phone line during the second six months of the program year.
A study was undertaken of the top ten client inquiries to better understand and address client needs. This resulted in the development of a frequently asked questions list for client service staff and the creation of a frequently asked questions handout to assist students undertaking the Graduate Certificate in Australian Migration Law and Practice with the registration process. This frequently asked questions handout has been made available on the website.
TALKING IT OVER
A consumer was worried that the registered migration agent was not providing correct advice about a visa, and was too slow in responding to phone calls. After trying to resolve these problems with the agent, the consumer was told that the registered migration agent was still working on the matter and would not provide a refund of fees already paid.
After the consumer complained to the Office of the MARA, the agent reviewed both the electronic and hard copy files on the matter. After discussing the chain of events leading to the consumer’s formal complaint, it was agreed that the registered migration agent should have provided a more efficient service to the consumer.
The agent agreed to refund the fees paid and also to write a letter of apology. After establishing that the breaches of the Code of Conduct did not warrant disciplinary action against the agent, the Office of the MARA noted the complaint as ‘no further action required’. The registered migration agent was initially registered seven years earlier, and this was the first complaint about the agent by a consumer.