Office of the Migration Agents Registration Authority (APP 5)
The Department of Home Affairs (the Department) is bound by the Australian Privacy Principles (APPs) in Schedule 1 to the
Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate how we collect, use, store and disclose your personal information. Additionally, it regulates how you may seek access to or correct personal information.
APP 5 requires us (the Department of Home Affairs) to notify the individual of certain matters, or to ensure the individual is aware of those matters.
These matters include the purposes for which their personal information is collected and to whom it may be disclosed.
This notice explains why we (the Department) are collecting your personal information and how we will manage it. Further information about our personal information handling practices is available from the Department’s
privacy policy.
Why we collect your personal information
We collect your personal information as part of our duties and functions as the Office of the Migration Agents Registration Authority (OMARA). We may also collect your sensitive information, which is a subset of personal information defined under the Privacy Act, which will include your criminal history and membership of political, professional or trade associations.
The OMARA’s duties and functions include:
- assessing registration applications
- monitoring the conduct of registered migration agents in their provision of immigration assistance
- investigating complaints in relation to the provision of immigration assistance by registered migration agents
- taking appropriate disciplinary action against registered migration agents or former registered migration agents
- informing the appropriate prosecuting authorities about apparent offences
- monitoring the adequacy of any Code of Conduct
- undertaking other functions as are conferred on OMARA.
Who we may collect your personal information from
We may collect your personal information from the following third parties:
- Other regulatory bodies including the Migration Advisers Authority New Zealand.
- Entities in the course of responding to a complaint.
- From an individual or entity who may be providing information about you.
- From a law enforcement body including relevant overseas bodies.
- Courts and similar jurisdictions in relation to criminal convictions, spent convictions and pending charges.
- Civil court cases in any relevant jurisdiction.
- Bankruptcy entities including corporations or entities at which the person was employed, in any jurisdiction.
- From an educational institution to assess any matter in relation to any relevant matter including attendance, completion and academic misconduct. This will extend to Continued Professional Development (CPD) providers approved by the OMARA.
- From any employer in relation to your employment. This is to assist us in assessing your application for registration and/or to ensure compliance with the Code of Conduct for registered migration agent (the Code).
- From an entity in relation to a security clearance related to any employment.
- Any entity where the applicant has disclosed any other finding, event, conduct or fact which may affect the applicant’s fitness, propriety and/or integrity to provide immigration assistance.
- From any other third party to otherwise assist us in assessing your ongoing requirement to be a fit and proper person.
- A person or entity acting as a mediator.
If your personal information is unable to be collected, we may be unable to adequately assess your suitability to provide lawful immigration assistance as a Registered Migration Agent.
The consequences that may result if personal information as outlined above is not collected may be that:
- your application for registration cannot be processed
- OMARA cannot properly investigate or resolve an individual’s complaint thus resulting in processing delays.
How we collect your personal information
We will generally collect information directly from you whenever it is reasonable and practical to do so.
There are a number of ways we may collect your personal information, including when you:
- submit information to us through our website and /or portal function
- deal with us face-to-face, in writing (by letter or email), or by telephone
- participate in any of our events.
In some cases we may collect your personal information from publicly available records, or third parties as per above.
If the Department collects the personal information from someone other than you, we will notify you as soon as practicable after the information is collected. This may include how, when and from where, your personal information was collected.
Who we disclose your personal information to
We may disclose personal information that we collect about you when we are authorised or required by law to do so. This includes to relevant Commonwealth, State and Territory government agencies that have a responsibility for administering other laws as listed above.
Disclosure of personal information to overseas recipients
Your personal information will not be disclosed to an overseas recipient without your consent. This is unless your consent is not required by APP 8 in Schedule 1 to the Privacy Act or another Commonwealth, State or Territory law.
Examples of overseas entities to whom we may disclose your personal information may include:
- Office of the Immigration Services Commissioner (OISC), United Kingdom
- College of Immigration and Citizenship Consultants, Canada
- The Immigration Advisers Authority New Zealand
- other regulatory authorities in countries which the RMA has or is practising and or where they have an office or affiliated with an office.
How you can access or correct your personal information
You can make a request for access and correction of your personal information under the
Freedom of Information Act 1982 (Cth) and the Privacy Act.
To learn more about how you can seek access to the personal information that we hold about you, or how can you seek to have this information corrected, visit
Privacy Policy.
Concerns and complaints
The Department is committed to protecting the personal information with which it is entrusted in accordance with the Privacy Act. If you believe that the Department has handled your personal information in a way that breaches our obligations in the APPs, you can make a complaint. To learn more about this process, visit
Privacy Policy.
How you can contact us
Full contact details can be found on the
Department’s website.
You can provide feedback by using the
online feedback form.
You can also write to:
The Manager Global Feedback Unit
GPO Box 241
Melbourne VIC 3001
Australia
