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Posted by on in General

The Office of the Australian Information Commissioner has published new guidance for Australian businesses on the European Union’s General Data Protection Regulation (GDPR) requirements.

From 25 May 2018 Australian businesses of any size may need to comply with the GDPR if they have an establishment in the European Union (EU), if they offer goods and services in the EU, or if they monitor the behaviours of individuals in the EU.

The GDPR includes requirements that resemble those in the Privacy Act 1988, and additional measures that similarly aim to foster transparent information handling practices and business accountability around data handling. 

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Posted by on in General

Amazing.  Simply amazing. Not to mention, appalling!

I am referring to the case of Ms Oguchukwu Odinkaeze that was recently heard before the AAT: Odinkaeze (Migration) AATA 1295 (17 May 2018).

What is amazing and appalling about this case?

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Posted by on in General

Migration Amendment (Skilling Australians Fund) Act 2018 (“The Act”) received Royal Assent on 22 May 2018.  The Act formally abolishes sponsorship Training Benchmark A and Training Benchmark B and clarifies provisions relating to employer sponsored labour market testing requirements (LMT).  The Act implements a levy payable at the time the nomination is lodged for a particular visa subclass, namely subclass 482, subclass 186 and subclass 187 visa.

The actual date of implementation of the levy remains unclear.  As per schedule I of the Act, the implementation may occur on proclamation date or if no proclamation date is give, six months within the Royal Assent, being 22 November 2018.  Migration Alliance brings you the first analysis of the Act.

The following sections are worthwhile mentioning:

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Migration Alliance is pleased to support BIG Australia Magazine which will officially launch in July/August 2018.  Jason Watt, an RMA member of Migration Alliance is heading up BIG Australia Magazine and has the following to say:

BIG Australia Magazine is the first immigration industry magazine launched from Australia. It is free to follow or read, free to advertise in and free from the bias that often comes with ‘corporate sponsorship’ or paying for advertising. 

BIG Australia refers to Business Immigration Group Australia and the online magazine platform is simply the best way to provide information to the global community of immigration professionals.

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I have had the benefit of reading the statement made by the CEO of the MIA this afternoon concerning the comparison of the Professional Indemnity Insurance offered by MIA's insurer (Fenton Green) as opposed to that offered by Migration Alliance's insurer (BizCover).  The statement was sent by the CEO to MIA members by way of email.  Many of those members are joint members of Migration Alliance.

I think it is fair to say that both products are compliant in terms of the OMARA requirement of Professional Indemnity.  
 
What I do not accept is that the Fenton Green product is superior in terms of its coverage, excess and the like, as opposed to the Bizcover product endorsed by Migration Alliance. However, what I do know is that RMAs are interested in a compliant product at a reasonable price.

Of course only the PDS released by the insurers can settle the whole "this is comparing apples with oranges" argument which at this stage is entirely speculative.

I seriously doubt that commentary or a comparison of prices is likely to result in action by ASIC or any other corporate regulator, and to assert a breach of consumer law is unlikely to shut down the very human instinct to get more bang for your buck, particularly in light of the already considerable expense associated with the compliance component of every RMAs practice.  RMAs may wish to read the MA terms and conditions on this website, in particular the disclaimer when considering whether the articles constitute 'advice'.

I am sure that solicitors would be very jealous of the relatively cheap cost of  RMA Professional Indemnity Insurance compared to their own insurances, which can routinely run to $40K per annum.

As far as I am aware the "quote" referred to in the article was provided by the insurer following an approach by a consumer seeking coverage.  I also requested a quote today and I published the results of the quote I was given on the blog.

Putting aside all of the hurt feelings and speculation, I know that RMAs want value for money and I am certain that the information in the article serves to inform RMAs as consumers, who in turn are clever enough to assess their own risk profile, to mitigate those risks, and to buy conforming insurance that meets their particular needs.

Migration Alliance is all about protecting and advocating the interests of its members and it will continue to do so in the face of vague references to regulatory oversight, and the potential for another organisation to have its feelings hurt. 
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