Evaluation of Consumer Protection in MARA Code of Conduct Changes

This report analyzes the proposed changes to the MARA Code of Conduct, focusing on their impact on consumer protection, clarity for consumers, and the potential effects on migration agents' businesses. The report examines whether the changes improve consumer safeguards, considering aspects such as written agreements, ethical considerations, and simplified requirements. It also addresses the potential benefits for the government, such as maintaining the integrity of the migration program. The analysis explores the clarity of the changes, highlighting areas of improvement and potential ambiguities, such as those related to initial consultations and the application of clause 8.2. Furthermore, the report assesses the potential adverse and beneficial effects on migration agents, considering factors like record-keeping, fees, and the simplification of provisions. The report concludes by synthesizing these findings to provide a comprehensive overview of the implications of the MARA Code of Conduct changes.

Assessment

1. Do all proposed changes improve consumer protection? Do some proposals (such as not
undermining the integrity of the migration program) benefit the government over
consumers?
The newly published MARA Code of Conduct Consultation document includes some specific
changes that are put in to place for the benefits of consumers. The issues that were faced initially
were acknowledged and suitable changes are made to overcome these. A special emphasises is
kept over the consumer protection attribute as these were largely affected fragments under the
earlier code of conduct. The provisions for written agreements are undertaken for aligning the
code of conduct with the modern business practices and thus promotion of consumer protection
as an end result. Establishment of ethical considerations for the registered migration agents are
another set of advantages linked to promote integrity and protection to entire migration industry1.
The basic requirement structure has also been simplified for providing an ease of operation
across the entire migration sector. The provisions for written notices to the review bodies or
departments that can act as an alerting process before the migration agent acts. This is to ensure
the consumer’s protection and security from any unlawful act. This process can also be
considered as an immediate warning that can be assessed for taking relevant actions by the
concern departments and review bodies.
In addition to this, some proposals such as not undermining the integrity of the migration
program are also helpful for the consumers. This will help in prohibiting the agents from
facilitating any abuse in relation to the Australian migration law. It promotes a mechanism that
keeps a constant check across the entire structure and facilitates better resultant2. This is due to
the fact that migration programs are political by default. And thus there are possibilities that the
migration agents can get influenced by the political forces, thus in order to keep them intact it is
a necessary process. This inclusion helps in limiting the desired obligations and process fair
1 Australian Government Department of Home Affairs, Code of Conduct for Migration Agents,
<https://www.mara.gov.au/media/667837/Code_of_Conduct_third_stage_consultation_documen
t_October_2019.pdf>
2 Code of Conduct, MARA Code of Conduct, <http://www.grangeraustralia.com.au/code-of-
conduct.html>

operations across the entire structure of migration. Restricting the migration agents from abusing
the process is also a key inclusion and responsibility of the applicable code of conduct.
2. Do the proposed changes bring greater clarity for consumers?
Yes the proposed changes bring greater clarity for the consumers as well as the entire process.
This particular possibility can be assessed from the fact that there has been an additional chapter
1 included. This chapter is specifically based on defining the code of conduct more clearly and
remove the traditional complexities available. The purpose of this code has been discussed in
clear ways and this improves the understanding ability for this code of conduct. The clauses are
more to the point and concise which makes the entire process of understanding relevant and
clear.
However, there are some feedbacks that indicate the complexities available across the clause 8.2.
The feedbacks suggest that this clause lack clarity in terms of its applications over the
supervision possibilities. In addition to this, availability of a little clarity in context of the initial
consultation is also an important factor across the clarity perspective3. The RMA provides an
initial consultation that is for a set fee or for free for client’s situation discussion. There are
confusions that whether these changes would be applied to the initial consultation or not. These
are the available evidences which justify a limited clarity across the developed code of conduct.
The limitations are specific and are liable to be improvised with time in order to attain a more
reasonable and sufficient structural approach.
3. Are there any areas that might adversely affect a migration agent’s business? How?
A migration agent’s business might get negatively affected in some areas due to the increased
complexity across the newly designed code of conduct. For instance the provisions for record
keeping and fees are onerous thus create confusions across the industry. In addition to this, this
possibilities are also not aligned to the consumer expectations and thus they have to struggle with
the proceedings and it ultimately affects the migration agent’s business. The increased amount of
complexities promote better security but increase the overall burden over the business practices.
The overall operability index of the sector is decreased and has a negative impact over the
3 Australian Government, Code of Conduct for Migration Agents - Australian Government,
<https://ablis.business.gov.au/service/ag/code-of-conduct-for-migration-agents/31018>

business4. In addition to this, the code contains similar subject matter across different set of
chapters which increases the overall impact less efficient and lengthier. Another major factor
which increases the complexity across the process is the usage of prescriptive provisions in place
of general provisions. There are instances where simpler and favourable provisions would have
been feasible to be applied but the code illustrates complex attributes for facilitating improved
security and protection. Despite of these limitations, the code of conduct increases the overall
usability and operability for the entire situation and facilitate better accomplishments based on
desired requirements.
4. Are there specific areas that might improve a migration agent’s business? How
Yes there are some specific areas that might be helpful in improving a migration agent’s
business. These areas include fees and record keeping, similar solutions for similar issues and
usage of a simpler provisions framework for simpler issues and complications. The fact that
some customers get confuse due to complex record keeping and fees structure hampers the
business possibilities for the migration agents. Having a control over this particular perspective is
an important perspective to get additional support across the region5. It will also boost the
confidence of consumers and their belief over the migration agents which will ultimately drive
better opportunities of business for them instantly.
Increase in the authenticity of the code by removing duplicity is another major factor which can
enhance business. Providing more customer specific addition across the structure of code will be
also very helpful. It will enhance the entire operability factor and also help in boosting the
customer belief in the process. These factors will ultimately lead to a largely improved business
structure for the migration agents. Simplicity increases strength of the code and ultimately boosts
the business.
4 Office of the Migration Agents Registration Authority, Code of conduct & practice guides,
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-
conduct/>
5 Commonwealth Consolidated Regulations, MIGRATION AGENTS REGULATIONS 1998 -
SCHEDULE 2, <http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>

Bibliography:
Australian Government Department of Home Affairs, Code of Conduct for Migration Agents,
<https://www.mara.gov.au/media/667837/Code_of_Conduct_third_stage_consultation_documen
t_October_2019.pdf>
Office of the Migration Agents Registration Authority, Code of conduct & practice guides,
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-
conduct/>
Australian Government, Code of Conduct for Migration Agents - Australian Government,
<https://ablis.business.gov.au/service/ag/code-of-conduct-for-migration-agents/31018>
Commonwealth Consolidated Regulations, MIGRATION AGENTS REGULATIONS 1998 -
SCHEDULE 2, <http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>
Code of Conduct, MARA Code of Conduct, <http://www.grangeraustralia.com.au/code-of-
conduct.html>