Generative AI tools are rapidly reshaping the economy and society.
This information provides guidance for registered migration agents (RMAs) and consumers on the use of AI tools while delivering immigration assistance.
For more information on governmental policy on the use of AI, please see: Australia’s AI Ethics Principles and Policy for the responsible use of AI in government.
Migration assistance and AI
Under section 280 of the Migration Act 1958 (Cth) (the Act) only certain people can provide lawful immigration assistance in Australia. They are:
- registered migration agents (RMAs)
- Australian legal practitioners
- a small number of exempt persons such as close family members of a visa applicant.
Immigration assistance is defined under section 276 of the Act and includes a range of activities such as preparing a visa application.
Giving immigration assistance in Australia in circumstances other than that outlined in section 280 of the Act is unlawful.
There are no exemptions, including information generated through AI.
Depending on the circumstances, a person who provides immigration assistance in Australia through AI may still commit an offence under section 280 of the Act.
RMAs and the use of AI tools
RMAs may choose to use AI while providing immigration assistance. However, RMAs maintain responsibility for the immigration assistance they give. This means that an RMA who uses AI and gives inadequate or inaccurate information to a consumer remains responsible for that information, regardless of the source.
While not specifically mentioned, the standards set out in the Code of Conduct for RMAs also apply to the use of AI technology. Ethical standards for RMAs are set out in the Code of Conduct for RMAs (the Code).
RMAs continue to be responsible for providing professional and competent advice in line with their general ‘Duty of confidentiality’ under section 35 of the Code. Be aware that sharing personal details of your client using AI tools may be in breach of section 35 of the Code.
Consumers of migration advice
If an RMA is going to use AI to give immigration assistance, they should explain this to you in advance. This ensures they comply with privacy principles.
RMAs need your written consent before they enter your personal details into an AI platform or system.
Consumers with concerns about the conduct of an RMA who has used AI to give immigration assistance can lodge a complaint with the OMARA.
If the OMARA has reasonable suspicions that an RMA’s conduct may have breached the Code, it can investigate the RMA and take disciplinary action where appropriate.
To complain or report concerns about the conduct of an RMA see how to lodge a complaint.
