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Legal Aid News Issue 17: Law Reform << Back to index Regulating the migration advice industry: Legal Aid takes a firm stance In October, the Commission responded to a review of the migration advice industry conducted by the Department of Immigration and Multicultural Affairs (DIMA). In 1998, the Migration Institute of Australia was appointed by DIMA to establish the Migration Agents Registration Agency (MARA) to regulate the industry within a statutory framework. The aim of the current review is to ascertain if there can be a move to full industry self-regulation. Legal Aid commented critically on the MARA’s performance in setting standards and educating consumers. While a Code of Conduct for migration agents has been established, there has been little community education on an agent’s obligations under the Code. Legal Aid considers that the current disciplinary procedures are time-consuming and appear to be having a limited impact on unethical agents, resulting in a reluctance of consumers to complain about over-charging or poor-quality representation. Legal Aid suggested that there should be a multifaceted education campaign using ethnic language media and community centres. The Commission is concerned about the continued operation of unregistered migration agents. Only a small number of prosecutions commenced against such persons in recent years. This may be the result of the complex process by which complaints about unregistered practice are referred from the MARA to DIMA, and after investigation, to the Commonwealth Director of Public Prosecutions. Legal Aid supports the introduction of Continuing Professional Development (CPD) as a requirement for the re-registration of migration agents. A program of CPD seminars has been organised by Legal Aid, however the process of approval, verification of attendance and record keeping is time-consuming and bureaucratic. Legal Aid suggested that the process should be simplified by removing the requirement for all CPD activities to be gazetted. Because of the complexity of immigration law and the industry’s vulnerable client base, Legal Aid rejects any move to industry self-regulation. In fact the Commission suggested that the industry’s regulatory body should represent all industry stakeholders, including not-for-profit agents and consumers, and should have increased disciplinary powers. Liz Biok Civil Law Justice for Veterans: Legal Aid Succeeds in Major Law Reform After six years of requesting reviews to amend the Statement of Principles (SOP) concerning osteoarthrosis, the Veterans' Advocacy Service was successful in advancing significant law reform which will benefit all veterans in all conflicts including defence personnel. The Statement of Principles set out the minimum criteria that veterans must satisfy in pursuing compensation. In the causation of osteoarthrosis, the Repatriation Medical Authority has included new criteria in the Statement of Principles which includes frostbite (most relevant to Korean veterans); altered gait and a form of minor multiple traumata. It is a significant victory for the the Veterans' Advocacy Service which first pursued these lines of argument in 1994 when the SOP regime was implemented. Jodie Buchanan Veterans' Advocacy Service |
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