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Posted by on in General

 The following statement has been released by Sydney TAFE today:

“As an approved scholarship fund provider, Sydney TAFE is still approved to accept contributions for 457 Visa contribution fund A. Please be advised that in relation to commission payments, we do not use 457 funds for this purpose.   All contributions received from 457 Visa contributions go towards training and scholarship programs for Australian and permanent residents.”

Robert Cousins - Associate Director Student Learning and Facilities

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Posted by on in General
This is another email being received by RMAs after they have received the 'random monitoring' email (please note that Qualtrics software is located in the USA with phone number 800-340-9194):
 
Dear Agent,
This morning you would have received an email from Qualtrics requesting your cooperation to complete a survey about your company’s ‘No Win No Fee’ or Conditional refund policy.
Please note that Qualtrics is the OMARA’s third party survey provider. The survey is mandatory and needs to be completed by Wednesday 25 March 2014.
If the survey from Qualtrics did not appear in your email inbox, please check your other folders including spam/junk.
If you have any queries regarding this survey, please do not hesitate to contact me.
Yours sincerely

LLLLLL  YYYYYYY

Assistant Director
Registration, Professional Development and Monitoring
This email address is being protected from spambots. You need JavaScript enabled to view it.
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The following email is being received by RMAs in Queensland at the moment:

Dear AAAAAAA [name removed for privacy reasons]

The Office of the Migration Agents Registration Authority (the OMARA) is monitoring the conduct of registered migration agents to verify agents' compliance with the Code of Conduct.
 
The OMARA is authorised under section 316 (b) of the Act to “… monitor the conduct of registered migration agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance” and section 316 (g) of the Act to “… monitor the adequacy of any Code of Conduct”.
 
The current focus of the OMARA is on agents that operate in Queensland.  You have been randomly selected for monitoring.  It would be appreciated if you would take the time to complete an online survey relating to your business practices and compliance with the Code of Conduct for registered migration agents.  The survey can be accessed by following the link below:

 
Follow this link to the Survey:
Take the Survey

Or copy and paste the URL below into your internet browser:
https://dibpau.qualtrics.com/WRQualtricsSurveyEngine/?Q_SS=8G4utjXH8pVYHrf_2bm23MBNxEgwpJX&_=1

 
Please note that you may be selected for a monitoring visit in the near future.  Should this occur, the OMARA will be in contact with you to make appropriate arrangements for the visit.
 
Thank you for your cooperation.  Please do not hesitate to contact me if you have any queries regarding this matter.
 
Yours sincerely,
 
XXXX YYYYY
Assistant Director
Registration, Professional Development and Monitoring
Office of the Migration Agents Registration Authority
Email: [name removed for privacy reasons]

Advice from Christopher Levingston, Accredited Specialist Immigration Lawyer is that absent a formal written request under section 308 or other statutory power there is no requirement for any RMA to comply with or take part in "random monitoring". 

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An email has been sent by DIBP's 457 policy section to Stakeholders re 457 training benchmarks:

Dear Stakeholder,

In response to recent allegations of misuse of funds contributed for the purpose of meeting the subclass 457 training benchmark requirements, the Department of Immigration and Border Protection is conducting an audit of known training funds.

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The Fair Work Ombudsman has kicked off a National Compliance Monitoring Campaign and will target about 1200 businesses found to have underpaid their workers over the past three years.

Employers who have previously short-changed their staff $500 or more will be audited this year to ensure they have not ignored advice and assistance given to them by Fair Work inspectors in response to their past contraventions, according to a statement from the ombudsman Natalie James.

“We obviously frown on those who refuse to fix problems or continually flout their workplace obligations so they have a competitive advantage over others doing the right thing,” said Ms James.

Maximum penalties for contraventions of workplace laws are $51,000 per breach for a company and $10,200 for an individual. Business sponsors of foreign workers also face the risk of losing their sponsorship rights.

Ms James says the campaign aims to assess the level of behavioural change among employers to assist the Agency understand the drivers of non-compliance and to help inform future pro-active compliance and education activities.

Recently, cleaning contractors came under the spotlight after spot checks resulted in wage recoupments of almost $763,000 for some 1200 workers who were mainly overseas born or on student visas. Latest data indicates there are almost 25,000 businesses operating in the cleaning services industry in Australia employing almost 100,000 workers.

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