Mr Laurie Ferguson asked the Minister for Citizenship and Multicultural Affairs, upon notice, on 26 June 2002:

(1) What are the current entry-level knowledge and skills requirements regarding migration procedure that must be met by applicants for registration as a migration agent.

(2) How many providers are currently approved to conduct programs of education to assist applicants to meet these requirements.

(3) Has any review been conducted into the adequacy of the requirements concerned; if so, what were the findings of any review and what action, if any, has the Government taken in response.

Mr Hardgrave (Minister for Citizenship and Multicultural Affairs) —While my answer to parts (1) and (3) of the honourable member's question (Hansard, 19 August 2002, page 5093) was timely, incomplete information was provided. The revised answer to the honourable member's question is as follows:

(1) Section 290(2)(b) of the Migration Act 1958 (the Act) requires an applicant for registration as a migration agent to either:

(a) hold a prescribed qualification (ie provide evidence of possessing an Australian law degree or being admitted to practice before the High Court or a State or Territory Supreme Court in Australia); or

(b) possess sound knowledge of migration procedure (ie provide certified evidence of a pass in the examination conducted by the Migration Institute of Australia, or successful completion of a course in migration/law procedure approved by the Migration Agents Registration Authority (MARA)).

Pursuant to section 290(2)(h) of the Act, MARA also requires applicants to demonstrate competency in the English language.

(2) There are currently five providers that are approved to conduct sound knowledge courses.

(3) The Knowledge Requirement for Registration as a Migration Agent: A Review of Current Procedures (1998) examined the knowledge requirement for registration as a migration agent. The key recommendations were:

(a) applicants for registration as a migration agent must either hold a current practising certificate, undertake a mock file exam or a simulated interview, or complete a traineeship; and

(b) applicants must pass a written examination.

The recommendation that an applicant for registration pass a written examination or hold a current practising certificate is in the process of being implemented. This has been in preference to the proposal to undertake a mock exam, simulated interview or traineeship which may be implemented at a later stage.

The Review of Statutory Self-Regulation of the Migration Advice Industry (1999) recommended MARA should develop strategies to provide a more consistent basis on which to assess sound knowledge requirements at entry to the profession.

This recommendation was also implemented, and it is anticipated that the first “common exam” for entry to the profession will be held in 2003.

The 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry, which is currently being finalised, also examines the adequacy of the entry-level knowledge and skill requirements regarding migration procedure that must be met by applicants. The Government will consider these issues carefully once the Review reports.