Ethics and Regulatory Obligations
The regulatory scheme
Migration agents must be registered with OMARA under Part 3 of the Migration Act 1958 (Cth), meet fit and proper person requirements, maintain continuing professional development (CPD), hold professional indemnity insurance, and comply with the Code of Conduct. Registration must be renewed before expiry.
Ethical duties
Understand the duties of integrity, avoiding conflicts of interest, not charging excessive fees, not making false or misleading statements, and cooperating with OMARA. Agents must not assist in visa fraud, must not exploit vulnerable clients, and must maintain client funds separately where applicable.
Traps in questions
- Assuming registration is perpetual - it must be renewed.
- Overlooking CPD and insurance obligations.
- Believing an agent may act where a conflict exists if the client consents - some conflicts are unmanageable.
- Failing to recognise that knowingly lodging false information can constitute an offence under the Act and grounds for disciplinary action.
Rule of thumb
Use the 'three questions' test: Is it lawful? Is it honest? Would it withstand OMARA scrutiny? A worked example: an agent who discovers a client submitted a fraudulent document must not conceal it; the agent should advise the client, withdraw if instructed to continue the deception, and consider notifying the Department where required. Ethical obligations override the desire to retain the client.