Loading
pop-up content starts
pop-up content ends

Migration Agents Instruments Review - consultation report

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​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 Re​view). 

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 q​ualified 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.

​​Fact Sheets

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​

​​Submissions

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
  • Eight 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.​
  1. Administrative Appeals Tribunal

  2. Aguilus Solutions

  3. Fragomen

  4. Joint Submission – Migration Advice Industry Advisory Group members

  5. KPMG

  6. Law Council of Australia

  7. Migration Alliance

  8. Migration Institute of Australia

  9. Nicholas Ivanoff

  10. Peter Papadopoulos

  11. Rima Barghout

  12. Saikumar Iyer (duplicate submission submitted by a private submitter)

  13. Settlement Services International

  14. Submission 1 – [details withheld]

  15. Submission 2 – [details withheld]

  16. Submission 3 – [details withheld]

  17. Submission 4 – [details withheld]

  18. Submission 5 – [details withheld]

  19. Submission 6 – [details withheld]

  20. Submission 7 – [details withheld]

  21. Submission 8 –​ [details withheld]

  22. Visakey Tasmania​