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APPENDICES

 

• – Appendix 1: External scrutiny
• – Appendix 2: Freedom of Information
• – Appendix 3: Ecologically sustainable development and environmental performance
• – Appendix 4: Advertising and market research
• – Appendix 5: Consultancy services
• – Appendix 6: Office of the MARA complaint handling process
• – Appendix 7: Office of the MARA advisory board– terms of reference
• – Appendix 8: Office of the MARA advisory board– member biographies
• – Appendix 9: Office of the MARA publications
• – Appendix 10: Correction of material errors

Appendix 1: External scrutiny

During 2010–11, there were no judicial decisions or decisions of administrative tribunals with a significant impact on the operations of the Office of the MARA.

There were no reports on the operations of the Office of the MARA by the Auditor-General, any parliamentary committee or the Commonwealth Ombudsman.

Appendix 2: Freedom of Information

The Freedom of Information Act 1982 (the FOI Act) provides a general right of access to information held by Australian Government agencies (departments and authorities).

Information can be requested under the Privacy Act 1988 and the FOI Act. Details about how to make a request appear on the Office of the MARA’s website at www.mara.gov.au.

Key public documents of the Office of the MARA are available free of charge on the website.

Freedom of information requests for Office of the MARA documents are processed by the Department of Immigration and Citizenship in Melbourne and Sydney. Generally, the department prefers to provide access to documents in the form of copies. These are available in either paper or electronic form. Private viewing of personal files may be done by appointment at state and regional offices.

People who live in Victoria, Western Australia, South Australia, the Northern Territory or Tasmania can send their requests to:

Parliamentary and Public Access
Department of Immigration and Citizenship
GPO Box 241
Melbourne VIC 3001

People who live in New South Wales, Queensland, the Australian Capital Territory or overseas can send their requests to:

Privacy and Freedom of Information Section
Department of Immigration and Citizenship
GPO Box 9984
Sydney NSW 2001

Appendix 3: Ecologically sustainable development and environmental performance

The Office of the MARA complies with DIAC’s National Environmental Policy, which recognises that all activities, products and services within its defined scope can have an impact on the environment.

Appendix 4: Advertising and market research

Table 13 shows consultancy services used by the Office of the MARA in 2010–11 for advertising and market research.

Table 13: Consultancy services relating to advertising and market research, 2010–11

Consultant name	Description	Contract price ($) incl. GST	Selection process	Justification
Mediabrands Australia Pty Ltd trading as Universal McCann	Advertising in ethnic media publications	52 923	Select Tender	A,B

Appendix 5: Consultancy services

In 2010–11, the Office of the MARA entered into seven contracts for consultancy services with a contract value of $10 000 or more (Table 14).

Table 14: Consultancy services to the value of $10 000 or more, 2010–11

Consultant	Description	Contract price ($) incl. GST	Selection process	Justification
Andrew Gonczi Pty Ltd	Development of entry-level requirements	36 000	Select Tender	B, C
Andrew Gonczi Pty Ltd	Consultancy services for the prescribed course and examination	78 400	Select Tender	B, C
Ernst & Young	Review of handling of client monies	93 500	Open Tender	B, C
Fragomen (Australia) Pty Ltd	Services for the design and development of an ethical framework and toolkit	40 425	Select Tender	C
RW Adams, V Briggs and SL Bussey, trading as DLA Piper Australia	Annual probity review of the Office of the MARA	79 500	Select Tender	B, C
PricewaterhouseCoopers	Business modelling for the Office of the MARA	42 926	Select Tender	B
UsabilityOne	Website usability study	16 610	Select Tender	B

Appendix 6: Office of the MARA complaint handling process

The Office of the MARA’s process for handling complaints is outlined in the flowchart at Figure 7.

Figure 7: Flowchart of Office of the MARA complaint handling process

Appendix 7: Office of the MARA advisory board – terms of reference

1. Functions

The Office of the MARA advisory board provides advice to the Office of the MARA’s CEO in relation to:

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

3. Membership

The Chair of the Office of the MARA advisory board will be independent of the profession and DIAC and is appointed by the Minister for Immigration and Citizenship. The Chair will be supported by a Deputy Chair.

Membership of the Office of the MARA 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 Citizenship. Membership extends only to individuals, and proxies are not permitted to attend in the place of members.

The CEO of the Office of the MARA and a representative of DIAC will also be members of the advisory 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 at least 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:

The Chair will ensure:

6.2. Members

Members are responsible for:

6.3. Chief Executive Officer of the Office of the MARA

The CEO of the Office of the MARA will provide relevant and timely information on the implementation of any key strategies, statistics relating to the operations of the Office of the MARA, 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. Department of Immigration and Citizenship representative

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

Appendix 8: Office of the MARA advisory board – member biographies

Mr Robert Cornall AO, Chair

Mr Robert Cornall AO has extensive experience at a high level in public administration and is a former Secretary of the Australian Government Attorney-General’s Department, a position he held from 2000 to 2008. Before his appointment as secretary, he was the Managing Director of Victoria Legal Aid from 1995 to 2000 and Executive Director and Secretary of the Law Institute of Victoria from 1987 to 1995. Mr Cornall was a partner at Middletons Oswald Burt Solicitors (now Middletons) from 1972 until 1987 and was a solicitor at the same firm from 1969 until 1972.

Mr Cornall was appointed an Officer of the Order of Australia in 2006 for service to the community through contributions to the development of public policy and through providing advice and governance across a diverse range of responsibilities within the civil justice system.

Ms Jenni Mack, Deputy Chair and consumer advocate

Ms Jenni Mack is a long-time consumer advocate and has special expertise in consumer compensation schemes and good governance. Ms Mack chairs the Australian Securities and Investment Commission’s Consumer Advisory Panel and is a Director of the Financial Ombudsman Service, the Travel Compensation Fund and CHOICE Switch (CHOICE’s energy switching service). Ms Mack previously advised the Migration Agents Registration Authority (when administered by the Migration Institute of Australia) on professional conduct complaints. She also sits on the advisory board of the national agricultural chemicals and veterinary medicines regulator.

Ms Mack was the Deputy Legal Ombudsman in New South Wales in the mid-1990s and was a member of the New South Wales Judicial Commission for five years. She is a former Executive Director of the Consumers’ Federation of Australia, as well as a journalist and political adviser. Ms Mack holds a Bachelor of Arts degree and a master’s degree in Administrative Law and Policy.

Mr Glenn Ferguson, Law Council of Australia

Mr Glenn Ferguson is the President of the Law Council of Australia and represented the Law Council on the External Reference Group to the 2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession. He is also on the Australian Government Attorney-General’s International Pro Bono Advisory Group, and is a Founding Fellow of the Australian Academy of Law and a past President of the Queensland Law Society.

Mr Ferguson is a former President of the Immigration Lawyers’ Association of Australasia and past President of LAWASIA. He is also an active member of a number of legal bodies, including the Queensland College of Law, the Queensland Law Foundation, the Australian Government Attorney-General’s International Legal Services Advisory Council and the International Law Section of the Law Council of Australia.

Mr Stirling Henry, Migration Institute of Australia

Mr Stirling Henry started his professional career as a high school teacher in Papua New Guinea. After extensive experience in educational administration and planning, and obtaining a master’s degree in Management from the London School of Economics, he took up a senior executive appointment as Assistant Secretary with the Australian Department of Immigration in Canberra (1981–86). During this time he served as secretary to the Committee of Review of Private Overseas Student Policy (the Goldring Committee).

After leaving the government, Mr Henry was Price Waterhouse’s Senior Migration Consultant with responsibility for running the Migration Consultancy Division (1986–90). He helped to establish the Australian Migration Consultants Association which was later succeeded by the Migration Institute of Australia. Mr Henry was the inaugural National President of the institute.

In addition to his Master of Management degree, Mr Henry also holds a Diploma of Education and bachelor’s degrees in Arts, Economics and Education. He also has postgraduate diplomas in Law and Legal Practice.

Mr Andrew Holloway, universities

Mr Andrew Holloway is the Vice-President (International) at Victoria University, providing policy advice to the Vice-Chancellor, and is responsible for strategic planning and coordination of the university’s operations. He has held the position of International Director at four universities in Australia: Murdoch University, the University of Western Australia, Edith Cowan University and the Australian National University, and more recently held the post of International Director at the University of Auckland.

He chaired the New Zealand Committee of International Directors and was appointed as a member of the Internationalisation Advisory Group to the New Zealand Ministry of Education, Wellington (2006–07). He established the Universitas 21 International Operations Group, involving collaborative activities among international offices in the network, including Australia, Europe, North America and Asia.

Mr Holloway holds the degrees of Bachelor of Arts (Honours) in South Asian History and a Master of Business Administration. Industry awards received include the New Zealand Trade and Enterprise/DHL New Zealand Exporter of the Year (Education Services) in 2007 and the Education New Zealand Award for Internationalisation (2007).

Ms Sonia Caton, not-for-profit immigration assistance sector

Ms Sonia Caton has worked as a volunteer with the Refugee and Immigration Legal Service since 1991. She is the immediate past Director and Principal Solicitor of the Refugee and Immigration Legal Service and continues as a volunteer. She is a registered migration agent and serves on a number of boards including International Education Services Limited as Chair of the corporate governance sub-committee and the complaints committee, the Refugee Council of Australia (the law and policy sub-committee) and the Education and Training Reference Committee of the Migration Institute of Australia.

Ms Caton is a former member of the Professional Standards Committee for the MARA (2004–06). She also spent 11 years as a member of the Commonwealth Review Tribunals (formerly known as the Immigration Review Tribunal and the Social Security Appeals Tribunal).

Mr Jim McKiernan, community advocate

Mr Jim McKiernan was born in Ireland and migrated to Australia in 1969 where he worked as a machinist/fitter and turner until 1976 when he was appointed to the position of Education Officer with the Amalgamated Metal Workers Union.

Mr McKiernan was elected Senator for Western Australia in December 1984, a position he held at subsequent elections until his retirement in 2002. While he was a senator, Mr McKiernan was Chair of the Joint Standing Committee on Migration, the Joint Committee on Publications, the Joint Select Committee on the Family Law Act and the Senate’s Legal and Constitutional References Committee.

Since his retirement from the Senate, Mr McKiernan has served as a Sessional Member of the Western Australian State Administrative Tribunal and the Equal Opportunity Commission, Deputy Chair of the Board of the Disability Services Commission, Chair of the Integrated Fisheries Allocation Advisory Committee, and as a member of the Western Australian Carers Advisory Council.

Mr McKiernan is a Justice of the Peace.

Ms Christine Sykes, Chief Executive Officer, Office of the MARA

Ms Christine Sykes has had considerable experience in providing service to the public, in community organisations, local government and the Commonwealth. This has included 12 years in the Department of Immigration and Citizenship, including as a State Director in Queensland and a Regional Director of the North Asia Region.

Before working in the department, Ms Sykes was a senior officer in the Department of the Prime Minister and Cabinet, where she provided high-level policy advice on a range of social policy matters including social justice, status of women, multicultural affairs and Commonwealth–state relations.

Ms Sykes has a master’s degree in Legal Studies (Public Administration).

Ms Sophie Montgomery, Department of Immigration and Citizenship

Ms Sophie Montgomery is the Assistant Secretary of the Regulatory Strategies and Special Projects Branch. Ms Montgomery joined the Department of Immigration and Citizenship in 2004, where she has worked in settlement policy and planning, and more recently, on implementation of the 2008 Australian Citizenship Test Review.

Ms Montgomery has previously worked for the Department of Environment and Heritage and the Department of Defence, following an undergraduate degree in psychology at the Australian National University.

Appendix 9: Office of the MARA publications

The following publications are available on the Office of the MARA’s website at www.mara.gov.au:

Appendix 10: Correction of material errors

The following errors were detected after the publication of the Office of the Migration Agents Registration Authority Annual Report 2009–10.

Page 15

The total number of initial registration applicants subject to the English language requirement was incorrectly reported as 171. The correct figure is 159. The reason for the incorrect figure is that 11 applications were counted that were deemed to have been received in our Post Office Box before 1 January 2010. There was a policy decision taken not to apply the English language requirement to those applications that were not received before 1 January 2010 due to disruption of postal services and through no fault of the applicant.

One application was subsequently deleted when it was found to be a duplicate.

Page 22

The number of initial commercial registration applications received was incorrectly reported as 710. The correct figure is 709. The discrepancy arose because one application was received without payment and therefore could not be considered. It was recorded as incomplete when it should not have been recorded as an application at all. Consequently the total number of registration applications received should be 4529 and not 4530.

Page 29

During an exercise to improve data integrity, the number of agents associated with the number of complaints received in 2009–10 was found to have been incorrectly calculated during the previous manual count. The 499 matters received in 2009–10 relate to 364 persons of whom 319 were registered migration agents, not 311.

Page 46

The percentage of agents who had updated their details using the online editing function was reported as 33.4 per cent.

The methodology was revised to calculate the percentage of edits done through the website compared with the total number of edits that agents could do through the website, and more accurately reflects the utilisation rate of the online facility. The revised figure is 60 per cent.

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