As a registered migration agent, you are required to behave ethically at all times in carrying out your duties on behalf of your clients. This means acting with a set of ethical values. The ethical framework is comprised of the Code of Conduct, the Ethics Toolkit and Ethics Bytes.
You are expected to have a working knowledge of the Code of Conduct, which details minimum standards for honest and fair dealings with clients and others.
Code of Conduct
The Code covers your obligation to:
- act in the legitimate interests of your client
- deal with your client competently, diligently and fairly
- maintain the strictest standards of confidentiality
- understand what to do if you have a conflict of interest
- have due regard to your client’s dependence on your knowledge and experience
- not make statements, or encourage the making of statements, that you know, or believe, are misleading or deceptive
- not intimidate or coerce your client.
In addition to the Code, the Migration Act 1958 and Migration Agent Regulations 1998 impose specific rules governing your conduct.
The Act specifies offences that are criminal and unethical. Sections 234 and 234A, for example, create criminal offences for providing false documents and false and misleading information relating to non-citizens. Section 245 creates a criminal offence for making false or unsupported statements on whether your client is in a married or de facto relationship.