The Migration Agents Code of Conduct is authorised by the requirements of the Migration Agents Regulations 1998 No. 53, Schedule 2, Regulation 8 and the Migration Act 1958 Subsection 314(1).
 
This code of conduct should be displayed prominently in the agent's office and in the reception area.

If a client believes that a Migration Agent has acted in breach of this Code of Conduct, a complaint can be made in writing to:

Migration Agents Registration Authority,
PO Box Q1551,
QVB NSW 1230

DOWNLOAD the PDF version of the Code of Conduct from MARA website: 

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Code of CONDUCT

The Australian migration advice profession sets high standards. Their high levels of

knowledge of Australian migration law/procedures and professional and ethical

conduct elevates Australian agents to amongst the most professional in the world.

This Code of Conduct sets out in detail their professional and ethical standards.

Clients can feel assured that the Code has legal force as it is set out in Schedule 2 of

Regulation 8 of the Migration Agents Regulations 1998.

Copies of this Code of Conduct are displayed prominently in all agents’ offices and in

their office waiting areas and are made available to clients on request. The Code is

also available on the Office of the Migration Agents Registration Authority’s website

at www.mara.com.au.

www.mara.com.au

PO Box Q1551, QVB NSW 1230, Australia

Tel: 1300 22 6272

Code ofCONDUCT

Index

Part 1 Introduction 1

Part 2 Standards of professional conduct 3

Part 3 Obligations to clients 8

Part 4 Relations between registered migration agents 9

Part 5 Fees and charges 10

Part 6 Record keeping and management 12

Part 7 Financial duties 13

Part 8 Duties of registered migration agents to employees 15

Part 9 Complaints 16

Part 10 Termination of services 17

Part 11 Client awareness of the Code 18

The Migration Agents Code of Conduct is authorised by the requirements of the Migration

Agents Regulations 1998, Schedule 2, Regulation 8 and the Migration Act 1958 Subsection

314(1).

This Code of Conduct should be displayed prominently in the registered migration agent’s

office.

If a client believes that a registered migration agent has acted in breach of this Code of

Conduct, a complaint can be made in writing to:

Migration Agents Registration Authority

PO BOX Q1551

QVB NSW 1230

Office of the Migration Agents Registration Authority

Code of Conduct for Migration Agents Page 1

Part 1 Introduction

1.1 This Code of Conduct (the Code) is intended to regulate the conduct of

registered migration agents.

1.2 The Migration Agents Registration Authority (the Authority) is responsible

for administering the Code.

1.3 A person who wants to operate as a registered migration agent must register

with the Authority.

1.4 The Code applies to an individual who is listed in the Register of Migration

Agents kept by the Authority under section 287 of the Migration Act 1958

(the Migration Act).

1.5 To ensure compliance with the Code, the Authority may impose an

administrative sanction if a breach of the Code is found to have occurred.

1.6 An administrative sanction may range from a caution through to suspension

of registration or the ultimate sanction of cancellation of registration.

1.7 Accordingly, the Code does not impose criminal sanctions.

1.8 However, there are a number of offences under the Migration Act and the

Migration Regulations 1994 (the Migration Regulations) that also deal

with the kind of activity covered by the Code. These activities include

misleading statements and advertising, practising when unregistered and

misrepresenting a matter. Provisions of the Crimes Act 1914, the Criminal

Code Act 1995 and the Trade Practices Act 1974 may also apply to these

activities.

1.9 The Code is not intended to displace any duty or liability that a registered

migration agent may have under the common law, or the statute law of the

Commonwealth, a State or a Territory, in relation to a matter covered by the

Code. The provisions of the Code should be read in the light of this

principle.

1.10 The aims of the Code are:

(a) to establish a proper standard for the conduct of a registered migration

agent;

(b) to set out the minimum attributes and abilities that a- person must

demonstrate to perform as a registered migration agent under the Code,

including:

(i) being of good character;

(ii) knowing the provisions of the Migration Act and Migration

Regulations, and other legislation relating to migration

procedure, in sufficient depth to offer sound and comprehensive

advice to a client, including advice on completing and lodging

application forms;

(iii) completing continuing professional development as required by

the Migration Agents Regulations 1998;

(iv) being able to perform diligently and honestly;

(v) being able and willing to deal fairly with clients;

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(vi) having enough knowledge of business procedure to conduct

business as a registered migration agent, including record

keeping and file management;

(vii) properly managing and maintaining client records;

(c) to set out the duties of a registered migration agent to a client, an

employee of the agent, and the Commonwealth and its agencies;

(d) to set out requirements for relations between registered migration

agents;

(e) to establish procedures for setting and charging fees by registered

migration agents;

(f) to establish a standard for a prudent system of office administration;

(g) to require a registered migration agent to be accountable to the client;

(h) to help resolve disputes between a registered migration agent and a

client.

1.11 The Code does not list exhaustively the acts and omissions that may fall

short of what is expected of a competent and responsible registered

migration agent.

1.12 However, the Code imposes on a registered migration agent the overriding

duty to act at all times in the lawful interests of the agent’s client. Any

conduct falling short of that requirement may make the agent liable to

cancellation of registration.

1.13 If a registered migration agent has a contract in force with a client that

complies with this Code, but the Code is amended in a way that relates to

the content of the contract:

(a) the agent is not in breach of this Code solely because the contract does

not comply with the amended Code; but

(b) the agent must do everything practicable to vary the contract to ensure

that it complies with the amended Code.

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Part 2 Standards of professional conduct

2.1 A registered migration agent must always:

(a) act in accordance with the law (including, for an agent operating as an

agent in a country other than Australia, the law of that country) and the

legitimate interests of his or her client; and

(b) deal with his or her client competently, diligently and fairly.

However, a registered migration agent operating as an agent in a country

other than Australia will not be taken to have failed to comply with the

Code if the law of that country prevents the agent from operating in

compliance with the Code.

2.1A A registered migration agent must not accept a person as a client if the

agent would have any of the following conflicts of interest:

(a) the agent has had previous dealings with the person, or intends to assist

the person, in the agent’s capacity as a marriage celebrant;

(c) the agent is, or intends to be, involved with the person in a business

activity that is relevant to the assessment of a visa application or

cancellation review application;

(d) there is any other interest of the agent that would affect the legitimate

interests of the client.

2.1B If it becomes apparent that a registered migration agent has a conflict of

interest mentioned in clause 2.1A in relation to a client, the agent must, as

soon as practicable taking into account the needs of the client, but in any

case within 14 days:

(a) tell the client about the conflict of interest; and

(b) advise the client that, under the Code, the agent can no longer act for

the client; and

(c) advise the client about appointing another registered migration agent;

and

(d) cease to deal with the client in the agent’s capacity as registered

migration agent.

2.1C Part 10 of the Code then applies as if the client had terminated the

registered migration agent’s instructions.

2.1D A registered migration agent who has ceased to act for a client in

accordance with paragraph 2.1B (d), must, as soon as practicable, but in any

case within 14 days, inform the Department that he or she is no longer

acting for the client.

2.2 If a registered migration agent:

(a) gives advice of a non-migration nature to a client in the course of

giving immigration assistance; and

(b) could receive a financial benefit because of the advice;

the agent must tell the client in writing, at the time the advice is requested

or given, that the agent may receive a financial benefit.

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2.3 A registered migration agent’s professionalism must be reflected in a sound

working knowledge of the Migration Act and Migration Regulations, and

other legislation relating to migration procedure, and a capacity to provide

accurate and timely advice.

2.3A A registered migration agent’s professionalism must be reflected in the

making of adequate arrangements to avoid financial loss to a client.

2.4 A registered migration agent must have due regard to a client’s dependence

on the agent’s knowledge and experience.

2.5 A registered migration agent must:

(a) take appropriate steps to maintain and improve his or her knowledge of

the current versions of:

(i) the Migration Act 1958; and

(ii) the Migration Regulations 1994; and

(iii) other legislation relating to migration procedure; and

(iv) portfolio policies and procedures; and

(b) either:

(i) maintain a professional library that includes those materials; or

(ii) if the agent’s employer, or the business in which he or she works,

maintains a professional library that includes those materials —

take responsibility for ensuring that he or she has access to the

library.

Note 1 A comprehensive list of the materials mentioned in subparagraphs (a) (iii) and (iv)

may be obtained from the Professional Library page of the Authority’s web site

(http://www.themara.com.au).

Note 2 A registered migration agent must satisfy the requirements for continuing

professional development set out in Schedule 1.

2.6 To the extent that a registered migration agent must take account of

objective criteria to make an application under the Migration Act or

Migration Regulations, he or she must be frank and candid about the

prospects of success when assessing a client’s request for assistance in

preparing a case or making an application under the Migration Act or

Migration Regulations.

2.7 A registered migration agent who is asked by a client to give his or her

opinion about the probability of a successful outcome for the client’s

application must not hold out unsubstantiated or unjustified prospects of

success when advising clients on applications under the Migration Act or

Migration Regulations.

2.8 A registered migration agent must:

(a) within a reasonable time after agreeing to represent a client, confirm

the client’s instructions in writing to the client; and

(b) act in accordance with the client’s instructions; and

(c) keep the client fully informed in writing of the progress of each case or

application that the agent undertakes for the client; and

(d) within a reasonable time after the case or application is decided, tell the

client in writing of the outcome of the client’s case or application.

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2.9 While a registered migration agent cannot be responsible for

misinformation provided by a client, a registered migration agent must not

make statements in support of an application under the Migration Act or

Migration Regulations, or encourage the making of statements, which he or

she knows or believes to be misleading or inaccurate.

2.9A In communicating with, or otherwise providing information to, the

Authority, a registered migration agent must not seek to mislead or deceive

the Authority, whether directly or by withholding relevant information.

2.10 A registered migration agent must not engage in false or misleading

advertising, including advertising in relation to:

(a) the agent’s registration as a registered migration agent; or

(b) the implications of Government policy for the successful outcome of

an application under the Migration Act or Migration Regulations; or

(c) guaranteeing the success of an application.

Note Advertising includes advertising on the Internet.

2.11 A registered migration agent must, when advertising:

(a) include in the advertisement the words “Migration Agents Registration

Number” or “MARN”, followed by the agent’s individual registration

number; and

(b) if the agent is advertising in a language other than English — include

in the advertisement words in that other language equivalent to

“Migration Agents Registration Number” or “MARN”, followed by the

agent’s individual registration number.

Note 1 Advertising includes advertising on the Internet.

Note 2 Clause 2.12, which relates to implying a relationship with the Department or the

Authority, also applies to the registered migration agent’s advertising mentioned in clause

2.11.

2.12 A registered migration agent must not, when advertising, imply the

existence of a relationship with the Department or the Authority, for

example by using terms such as:

(a) Australian Government registered; or

(b) Migration Agents Registration Authority registered; or

(c) Department registered.

Note Advertising includes advertising on the Internet.

2.14 A registered migration agent must not portray registration as involving a

special or privileged relationship with the Minister, officers of the

Department or the Authority, for example to obtain priority processing, or

to imply that the agent undertakes part or full processing for the

Department.

2.14A A registered migration agent must not represent that he or she can procure a

particular decision for a client under the Migration Act or the Migration

Regulations.

2.15 A registered migration agent must not intimidate or coerce any person for

the benefit of the agent or otherwise. For example, a registered migration

agent must not engage in any of the following:

(a) undue pressure;

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(b) physical threats;

(c) manipulation of cultural or ethnic anxieties;

(d) threats to family members in Australia or overseas;

(e) untruthful claims of Departmental sanctions;

(f) discrimination on the grounds of religion, nationality, race, ethnicity,

politics or gender.

2.16 A registered migration agent with operations overseas may indicate that he

or she is registered in Australia, but must not create an impression that

registration involves accreditation by the Commonwealth Government for

work overseas for the Commonwealth or for a client.

2.17 If an application under the Migration Act or the Migration Regulations is

vexatious or grossly unfounded (for example, an application that has no

hope of success) a registered migration agent:

(a) must not encourage the client to lodge the application; and

(b) must advise the client in writing that, in the agent’s opinion, the

application is vexatious or grossly unfounded; and

(c) if the client still wishes to lodge the application — must obtain written

acknowledgment from the client of the advice given under

paragraph (b).

Note Under section 306AC of the Act, the Minister may refer a registered migration agent

to the Authority for disciplinary action if the agent has a high visa refusal rate in relation to

a visa of a particular class.

2.18 A registered migration agent must act in a timely manner if the client has

provided all the necessary information and documentation

in time for statutory deadlines. For example, in most circumstances an

application under the Migration Act or Migration Regulations must be

submitted before a person’s visa ceases to be in effect.

2.19 Subject to a client’s instructions, a registered migration agent has a duty to

provide sufficient relevant information to the Department to allow a full

assessment of all the facts against the relevant criteria. For example, a

registered migration agent must avoid the submission of applications under

the Migration Act or Migration Regulations in a form that does not fully

reflect the circumstances of the individual and prejudices the prospect of

approval.

2.20 A registered migration agent must:

(a) find out the correct amount of any visa application charge and all other

fees or charges required to be paid for a client’s visa application under

the Migration Act or the Migration Regulations; and

(b) tell the client the amount of each fee and charge; and

(c) if the agent is to pay an amount for the client — tell the client the date

by which the amount must be given to the agent so that the interests of

the client are not prejudiced; and

(d) give the client notice of each amount paid by the agent for the client.

2.21 A registered migration agent must not submit an application under the

Migration Act or Migration Regulations without the specified

accompanying documentation. For example, in a marriage case, threshold

documentation would include a marriage certificate and evidence that the

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sponsor is an Australian citizen, an Australian permanent resident or an

eligible New Zealand citizen, without which assessment of the case could

not proceed (unless the agent has a reasonable excuse or the client has

requested the agent to act despite incomplete documentation).

2.22A A registered migration agent must, when providing translating or

interpreting services, include on a prominent part of the translated document

the following sequence:

(a) the name of the migration agent;

(b) followed by the words ‘Migration Agent’s Registration Number’;

(c) followed by the agent’s registration number.

2.22B A registered migration agent must notify the Authority in writing within 14

days of any changes to the registration details of the agent in relation to any

of the following matters:

(a) the agent’s full name;

(b) any business names of the agent or the agent’s employer;

(c) the business address for the agent;

(d) the telephone number for contacting the agent;

(e) any of the matters mentioned in paragraphs 3V (a) to (da).

2.23 A registered migration agent must take all reasonable steps to maintain the

reputation and integrity of the migration advice profession.

2.24 This Code is a responsive document that will change from time to time to

meet the needs of clients and to ensure the delivery of relevant, up to date

advice.

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Part 3 Obligations to clients

3.1 A registered migration agent has a duty to preserve the confidentiality of his

or her clients.

3.2 A registered migration agent must not disclose, or allow to be disclosed,

confidential information about a client or a client’s business without the

client’s written consent, unless required by law.

3.2A Once a registered migration agent has agreed to work for a client, but before

commencing that work, the agent must:

(a) provide the client with a copy of Information on the Regulation of the

Migration Advice Profession; and

(b) make a record that the copy has been provided.

Note Information on the Regulation of the Migration Advice Profession is a document

produced by the Authority with information about the migration advice profession, the

functions of the Authority, the legislation regulating the profession, what a client can

reasonably expect from a registered migration agent, and complaint procedures.

3.3 A registered migration agent must inform clients that they are entitled to

receive copies of the application under the Migration Act or Migration

Regulations and any related documents if they want copies. The agent may

charge a reasonable amount for any copies provided.

3.4 A registered migration agent must have an address and telephone number

where the agent can be contacted during normal business hours.

3.5 If a registered migration agent changes his or her address, telephone number

or any other details that are recorded on the Register of Migration Agents,

the agent must give notice to the Department, the Authority, any review

authority and all current clients of the agent:

(a) in advance; or

(b) not later than 7 days after the change or changes if advance notice

would be unreasonable in the circumstances.

3.6 A registered migration agent must ensure that clients have access to an

interpreter if necessary.

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Part 4 Relations between registered migration agents

4.1 Before accepting immigration work, a registered migration agent must

consider whether he or she is qualified to give the advice sought by the

client. If the agent is unsure, he or she must seek the appropriate advice or

assistance, or refer the matter to another registered migration agent.

4.2 A referral may be made, for example, if a registered migration agent is

asked for advice on matters for which he or she does not regularly provide

immigration assistance.

4.3 A registered migration agent must not encourage another agent’s client to

use the first agent’s services, for example by denigrating other agents or

offering services that the first agent cannot, or does not intend to, provide.

4.4 A registered migration agent must not take over work from another

registered migration agent unless he or she receives from the client a copy

of written notice by the client to the other agent that the other agent’s

services are no longer needed.

4.5 A registered migration agent must act with fairness, honesty and courtesy

when dealing with other registered migration agents.

4.6 A registered migration agent who gives a written undertaking to another

registered migration agent must make sure the undertaking is performed

within a reasonable time, if possible.

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Part 5 Fees and charges

5.1 There is no statutory scale of fees. However, a registered migration agent

must set and charge a fee that is reasonable in the circumstances of the case.

5.2 A registered migration agent must:

(a) before starting work for a client, give the client:

(i) an estimate of fees in the form of charges for each hour or each

service, and disbursements that the agent is likely to incur as part

of the work; and

(ii) an estimate of the time likely to be taken in performing a service;

and

(b) as soon as possible after receiving instructions, obtain written

acceptance by the client, if possible, of the terms of the work to be

done; and

(c) give the client written confirmation of the terms of the service to be

rendered; and

(d) give the client written notice of any material change to the estimated

cost of providing a service, and the total likely cost because of the

change, as soon as the agent becomes aware of the likelihood of a

change occurring.

5.3 A registered migration agent:

(a) must not carry out work in a manner that unnecessarily increases the

cost to the client; and

(b) must, if outside expertise is to be engaged and the client agrees, fully

inform the client of the likely extra cost; and

(c) must, especially if a solicitor or barrister, warn clients of possible

delays and likely cost involved in pursuing a particular course of action

before tribunals and in the courts, for example:

(i) any need to engage and pay expert witnesses;

(ii) the need to meet legal costs if a case were lost;

(iii) the need to pay Departmental fees and charges;

(iv) the need to pay translation and interpreter fees and charges.

5.4 A registered migration agent must advise clients of the method of payment

of fees and charges, including Departmental fees and charges.

5.5 A registered migration agent must be aware of the effect of section 313 of

the Act, and act on the basis that:

(a) the agent is not entitled to be paid a fee or other reward for giving

immigration assistance to a client unless the agent gives the client a

statement of services; and

(b) a statement of services must set out:

(i) particulars of each service performed; and

(ii) the charge made in respect of each such service; and

(c) a client is entitled by the Act to recover the amount of a payment as a

debt due to him or her if he or she:

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(i) made the payment to the agent for giving immigration assistance;

and

(ii) did not receive a statement of services before making the

payment; and

(iii) does not receive a statement of services within 28 days after a

final decision is made about the visa application, cancellation

review application, nomination or sponsorship to which the

immigration assistance related.

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Part 6 Record keeping and management

6.1 A registered migration agent must maintain proper records that can be made

available for inspection on request by the Authority, including files

containing:

(a) a copy of each client’s application; and

(b) copies of each written communication between:

(i) the client and the agent; and

(ii) the agent and any relevant statutory authority; and

(iii) the agent and the Department regarding the client; and

(c) file notes of every substantive or material oral communication

between:

(i) the client and the agent; and

(ii) the agent and an official of any relevant statutory authority; and

(iii) the agent and the Department regarding the client.

6.1A A registered migration agent must keep the records mentioned in clause 6.1

for a period of 7 years after the date of the last action on the file for the

client.

6.2 A registered migration agent must keep all documents to which a client is

entitled securely and in a way that will ensure confidentiality while the

agent is giving services to the client and until the earlier of:

(a) 7 years after the date of the last action on the file for the client; or

(b) when the documents are given to the client or dealt with in accordance

with the client’s written instructions.

Note On the completion or termination of services, all documents to which a client is

entitled are to be dealt with in accordance with Part 10.

6.2A For clause 6.2, the documents to which a client is entitled include (but are

not limited to) documents that are:

(a) provided by, or on behalf of, the client; and

(b) paid for by, or on behalf of, the client;

such as passports, birth certificates, qualifications, photographs and other

personal documents.

6.3 A registered migration agent must respond to a request for information from

the Authority within a reasonable time specified by the Authority.

6.4 A registered migration agent must act on the basis that the agent’s

electronic communications are part of the agent’s records and documents.

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Part 7 Financial duties

7.1 Subject to clause 7.1B, a registered migration agent must keep separate

accounts with a financial institution for:

(a) the agent’s operating expenses (the operating account); and

(b) money paid by clients to the agent for fees and disbursements (the

clients’ account).

7.1A The words ‘clients’ account’ must be included in the name of the financial

institution account mentioned in paragraph 7.1 (b).

7.1B If a registered migration agent is operating as an agent in a country other

than Australia that does not allow, under its law, the use of a clients’

account as described in paragraph 7.1 (b):

(a) the agent is not required to keep a separate account of that name; but

(b) the agent must:

(i) keep an account for money paid by clients to the agent for fees

and disbursements in a way that is as similar as practicable to the

requirements in this Part; and

(ii) comply with this Part as far as practicable in relation to keeping

records of the account and making the records available for

inspection.

7.2 A registered migration agent must hold, in the clients’ account, an amount

of money paid by a client for an agreed block of work until:

(a) the agent has completed the services that comprise the block of work;

and

(b) an invoice has been issued to the client for the services.

7.3 The registered migration agent may, at any time, withdraw money from the

clients’ account for disbursements that are required to be paid to the

Department, or any other agency, for the client.

7.4 A registered migration agent must keep records of the clients’ account,

including:

(a) the date and amount of each deposit made to the clients’ account,

including an indication of the purpose of the deposit and the client on

whose behalf the deposit is made; and

(b) the date and amount of each withdrawal made in relation to an

individual client, and the name of each recipient of money that was

withdrawn; and

(c) receipts for any payments made by the client to the agent; and

(d) copies of invoices or accounts rendered in relation to the account.

7.5 A registered migration agent must make available for inspection on request

by the Authority:

(a) records of the clients’ account; and

(b) records of each account into which money paid by a client to the agent

for fees and disbursements has been deposited.

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7.6 If a registered migration agent provides a service to a client on the basis of a

conditional refund policy, a ‘no win, no fee’ policy or an undertaking to

similar effect:

(a) the agent must have sufficient funds available to be able to cover any

amount that the agent may become liable to pay to the client under the

policy or undertaking; and

(b) the agent must meet that obligation by:

(i) keeping funds in the clients’ account; or

(ii) keeping a security bond; or

(iii) maintaining adequate insurance.

7.7 Nothing in clause 7.1, 7.1A, 7.2, 7.3, 7.4 or 7.6 affects the duty of a

registered migration agent, who is also a legal practitioner and who acts in

that capacity, to deal with clients’ funds in accordance with the relevant law

relating to legal practitioners.

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Part 8 Duties of registered migration agents to employees

8.1 A registered migration agent has a duty to exercise effective control of his

or her office for the purpose of giving immigration advice and assistance.

8.2 A registered migration agent must properly supervise the work carried out

by staff for the agent.

8.3 All immigration assistance must be given by a registered migration agent

unless the assistance is permitted under section 280 of the Migration Act.

8.4 A registered migration agent must make all employees, including those not

involved in giving immigration assistance (for example receptionists and

typists), familiar with the Code, for example by:

(a) displaying the Code prominently in the agent’s office;

(b) establishing procedures to ensure that employees become familiar with

the Code including supplying employees with copies of the Code.

8.5 A registered migration agent must ensure that his or her employees are of

good character and act consistently with the Code in the course of their

employment.

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Part 9 Complaints

9.1 A registered migration agent must respond properly to a complaint by a

person (whether or not the person is a client) about the work or services

carried out by the agent or the agent’s employee.

9.2 A registered migration agent must submit to the procedures for mediation as

recommended by the Authority about handling and resolving complaints by

the client against the agent.

9.3 If the Authority gives a registered migration agent details of a complaint

made to the Authority about:

(a) the work or services carried out by the agent or the agent’s employees;

or

(b) any other matter relating to the agent’s compliance with this Code —

the agent must respond properly to the Authority, within a reasonable time

specified by the Authority when it gives the details to the agent.

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Part 10 Termination of services

10.1 A registered migration agent must complete services as instructed by a

client unless:

(a) the agent and client agree otherwise; or

(b) the client terminates the agent’s instructions; or

(c) the agent terminates the contract and gives reasonable written notice to

the client.

10.1A For paragraph 10.1 (c), a written notice must state:

(a) that the agent ceases to act for the client; and

(b) the date from which the agent ceases to act; and

(c) the terms of any arrangements made in respect of appointing another

registered migration agent.

10.1B Within 7 days of giving the written notice, the agent must:

(a) update the client’s file to reflect the current status of each case or

application undertaken by the agent for the client; and

(b) deliver all documents to which the client is entitled to the client or to

the appointed registered migration agent; and

(c) ensure that all financial matters have been dealt with as specified in the

contract.

10.2 A client is entitled to ask a registered migration agent (orally or in writing)

to return any document that belongs to the client. The agent must return the

document within 7 days after being asked.

10.3 Australian passports, and most foreign passports, are the property of the

issuing Government and must not be withheld.

10.4 A registered migration agent must not withhold a document that belongs to

a client, as part of a claim that the agent has a right to withhold a document

by a lien over it, unless the agent holds a current legal practising certificate

issued by an Australian body authorised by law to issue it.

10.5 On completion of services, a registered migration agent must, if asked by

the client, give to the client all the documents:

(a) given to the agent by the client; or

(b) for which the client has paid.

10.6 If the client terminates the instructions, a registered migration agent must

take all reasonable steps to deliver all documents quickly to the client or any

other person nominated by the client in writing. If the agent claims a lien on

any documents, the agent must take action to quantify the amount claimed

and tell the client in a timely manner.

Note 1 Only registered migration agents who hold a current legal practising certificate

issued by an Australian body authorised by law to issue it are able to claim a lien on any

client documents.

Note 2 A document includes an application, nomination, sponsorship, statement,

declaration, affidavit, certificate or certified copy. See Acts Interpretation Act 1901 s 25,

Migration Regulations regulation 5.01

Office of the Migration Agents Registration Authority

Code of Conduct for Migration Agents Page 18

Part 11 Client awareness of the Code

11.1 A registered migration agent must ensure that at least 1 copy of the Code is

displayed prominently in:

(a) any waiting room or waiting area that is:

(i) at the agent’s place of business; and

(ii) used by clients; and

(b) any office or room in which the agent conducts business with clients.

11.2 A registered migration agent must ensure that a client who asks to see the Code can be supplied immediately with 1 copy for the client to keep.

11.3 Each contract made between a registered migration agent and a client must:

(a) include a statement about the existence and purpose of the Code; and

(b) guarantee that the client can obtain a copy of the Code, on request,from the agent.

11.4 A registered migration agent who has an Internet web site must provide a

link to the copy of the Code that is displayed on the Authority’s web site.