The office of the MARA have sent out an email to the profession titled 'Update from the Office of the MARA CRM:0033861' on Thursday March 27th at 5:20 pm.  Within it is the following information:

Raising consumer awareness - New video 

(Note from me: the video is not new it was uploaded to Youtube last year in December 2013)

One of the roles of the Authority is to ensure that consumers are aware of their rights.  Of course an important way they can look after their own best interests is to use a registered agent.  We have released a YouTube video called Do you need help applying for an Australian visa? This is available through the news carousel on the homepage of our website and encourages people to choose only registered migration agents. You may wish to place a link to this video on your own webpage if you have one. Here is the link: https://www.mara.gov.au/news-and-publications/news/videos/

By increasing community knowledge of the registration scheme, we will not only provide a better service to consumers, but help discourage the use of unregistered agents.

The following query has been received by Migration Alliance today:

I am assisting an agent with his first renewal and I couldn't find any legislative basis for the practice ready program. It's stated on the MARA website it's mandatory for first renewal and MIA also state the same but I failed to find it listed as a mandatory requirement in the legislation. I don't think it is, and I think that as a result many first year migration agents have paid out money for a program that wasn't a mandatory requirement at all.

I thought I'd raise it with you to look at it. I could be wrong but I thought I should raise with you to have a look at.

Please do not mention my details if looking into this further, I have enough fights with MARA as it is.

From what I see, Legislative Instrument 2013 No.33 in the associated explanatory statement paved the way for the Practice Ready Program. On page 4 of the associated Explanatory Statement reference is made to the program being supported through changes to Schedule 5. Refer to http://www.comlaw.gov.au/Details/F2013L00490/Html/Text#_Toc350854990

As a result of these changes we have, in the Migration Agent Regulations 1998, Schedule 2, the following:

7A.      The Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, are mandatory for:
(a)      certain registered migration agents in a particular year of registration; or
(b)      all registered migration agents in any year of registration.

7B.      The Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, are assessable for:
(a)      certain registered migration agents in a particular year of registration; or
(b)      all registered migration agents in any year of registration.

The changes require the declared activities to to be specified in an instrument. Legendcom links the 'instrument' in these clauses to IMMI 13/015 that specifies 10 points are manatory. There is no statement referencing a practice ready program.

I asked MARA and was advised the practice ready program was specified through a "notice" on the MARA website. I don't believe a notice on the MARA website is an 'instrument' as referred to by the regulations. comlaw.gov.au defines a legislative instrument here http://www.comlaw.gov.au/content/whatisit#L

I think MARA have confused themselves. Under the Migration Agent Regulations 1998 it is required that a list of approved activities is maintained on the Authority's website (refer to 9G (3)(a)) but this website listing is just to show the activity is an approved activity (and I note they refer to the information as a list on a website not an instrument!). I think MARA have ignored the fact that 7A/7B require the Practice Ready Program to be published in an instrument, not as a list on a website.

I could be wrong so it would be good to get a second set of eyes to look this over. If it's correct then MARA and MIA have been imposing costs on agents that were not actually required. 

Legal Training Australia is Australia's number one CPD training organisation for Registered Migration Agents.  Recently, Legal Training Australia (LTA) appointed Justin Rickard to deliver seminars to migration agents.  LTA is excited about this appointment as Justin has vast experience as a lawyer, migration agent & business owner, and can pass on his experience to Australian migration agents through the delivery of CPD sessions. 

Justin's favourite areas of immigration are skilled, spouse and 457, business migrants & investors.

Justin has had a fantastic professional career so far, with over 26 years of Accredited Legal Practice, (currently still practicing in the state of NSW, Australia), 22 years Specialising In Migration Law, 21 years  as a business owner, 19  years as a Registered Migration Agent and 11 years as a Real Estate Property Developer/Investor.

The latest Skills Shortages Report from the Department of Employment states shortages exist “… in the automotive and food trades, where candidate fields are relatively small and there are few applicants who have the required qualifications and experience.” In particular, 26 occupations have been assessed as being in national shortage. Of these 7 are in the managerial and professional levels, while 18 are at the technicians and trades level.

Accountants, Solicitors, Dentists and Pharmacists may have to make way for Cooks, Butchers, Floor Finishers, Roof Tilers and Landscape Gardeners in the Skills Occupation List, if the report on Skills Shortages in Australia is followed. The report has identified occupations in automotive trades and food trades as being ones that employers are “unable to fill or have considerable difficulty filling vacancies for ...at current levels of remuneration and conditions of employment...”

While the report notes that there are often many applicants for vacancies, the applicants are often unable to meet the skill level required. Employers need experienced workers. The report states that regional vacancies often require experienced workers (this is particularly the case in some nursing and health specialisations), and opportunities for new graduates in some locations are restricted due to limited available support and mentoring.

New South Wales is now the tightest labour market, with employers in that state filling a relatively low proportion of their vacancies and attracting few suitable applicants.

Notably, the report has declared there are “no shortages’ for the following occupations Accountants, External Auditor, Solicitor, Valuer, Construction Project, Manager, Architect, Surveyor, Urban and Regional Planner, Quantity Surveyor, Carpenter and Joiner, Painting trades workers, Plumber, Electrician (general), Lift Mechanic, Electronic Equipment/Instrument Trades Worker, Radio Communications Technician, Chemical Engineers, Mechanical Engineer, Civil Engineering Draftsperson, Electrical Engineering Draftspersons, Metal Fabricator, Welder, Fitter, Metal Machinist, Metallurgist, Dentist, Pharmacists, Medical Laboratory Scientist, Medical Laboratory Scientist, Medical Radiation Therapist, Occupational Therapist, Podiatrist, Speech Pathologist, Nursing Clinical Director,  all the 6 ACS assessed occupations on the SOL, Secondary School Teacher, Special Needs Teacher, Child Care Centre Manager,

The following information has been received by Migration Alliance this morning:

Hi Liana

Trades Recognition Australia has launched our new website – www.tradesrecognitionaustralia.gov.au.  We’ve put together a quick update on the new website, and some recent changes to our skills assessment programs for the information of your members.