Request for public submissions
From 14 May to 25 June 2021, the Department of Home Affairs published for comment a consultation report of the Migration Agents Instruments Review (the Review).
The report examines how legislation can support a highly qualified and professional migration advice industry, and considers how Government can effectively combat misconduct and unlawful operators.
Legislation included in the Review comprises Part 3 of the
Migration Act 1958, the
Migration Agents Regulations 1998 and related instruments.
The report also considers a range of practical regulatory reform proposals, organised under three themes:
A qualified industry: ensuring individuals have strong qualifications to enter and remain in the migration advice industry.
A professional industry: ensuring that registered migration agents conduct their businesses ethically with care, skill, integrity and diligence, and maintain proper and current professional knowledge.
Combatting misconduct and unlawful activity: reducing the instances of, and responding to, serious misconduct by registered migration agents and unlawful providers of immigration assistance.
To view the report, see
Migration Agents Instruments Review. Submissions closed on 25 June 2021.
Frequently Asked Questions
For some frequently asked questions regarding the Review, see
Migration Agents Instruments Review - FAQs.
The following fact sheets provide a short overview of the purpose of the review and public consultation, and brief summaries of each chapter of the report:
Migration Agents Instruments Review - Public consultation
Theme One: A Qualified Industry
Chapter 1.1 - Review of mandatory qualifications
Chapter 1.2 - English requirements for the migration advice industry
Chapter 1.3 - Introducing a provisional licence with a supervision requirement
Theme Two: A Professional Industry
Chapter 2.1 - Review of registration requirements
Chapter 2.2 - Publishing information on pricing arrangements
Chapter 2.3 - Developing a fidelity fund or other mechanisms for recompense
Chapter 2.4 - Introducing a tiering system
Chapter 2.5 - Enhanced proficiency through Continuing Professional Development
Theme Three: Combatting misconduct and unlawful activity
Chapter 3.1 - Immigration assistance: definition and scope
Chapter 3.2 - Measures to address unlawful and offshore immigration assistance
Chapter 3.3 - Penalties for unlawful immigration assistance providers
Chapter 3.4 - The powers of the OMARA to address RMA misconduct
Chapter 3.5 - Improving compliance with AAT practice directions
Chapter 3.6 - Establishing an independent regulator
The Department received 26 unique submissions (excluding duplicates) from a range of stakeholders, including peak bodies, industry and academia in response to the Migration Agents Instruments Review consultation report.
- Three authors requested that their submissions remain confidential and not be made publicly available
- Seven authors indicated that they would like their personal details to be withheld from the submission before publication
- One submission will not be published
- The remaining submissions have been published in full.
Administrative Appeals Tribunal
Joint Submission – Migration Advice Industry Advisory Group members
Law Council of Australia
Migration Institute of Australia
Saikumar Iyer (duplicate submission submitted by a private submitter)
Settlement Services International
Submission 1 – [details withheld]
Submission 2 – [details withheld]
Submission 3 – [details withheld]
Submission 4 – [details withheld]
Submission 5 – [details withheld]
Submission 6 – [details withheld]
Submission 7 – [details withheld]