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Say no to the Office of the MARA entering your offices

Dear Colleagues,

I refer to the following email received by a member of Migration Alliance from the Office of the MARA setting up an appointment to:

“As discussed, the Office of the MARA will be undertaking a range of outreach and monitoring activities in Melbourne next week. As part of this, we will be visiting a number of randomly selected agents to review and discuss their current practice, any issues or challenges that they are facing, and how we as a regulator may be able to provide help and support.”

I have some reservations about these ‘random’ visits which take 2 hours to “review and discuss their current practice”.

I note the generous offer to provide ‘help and support’.

OMARA has a history of using these outreach and monitoring activities to conduct a ‘soft audit” of the RMA’s practice.

Given that we are talking about the Regulator and the pronouncements of the CEO with respect to the role of the OMARA as a regulator rather than some outreach service I think the key words here are the combination of words “outreach and monitoring’.

I am very sceptical as to what that means particularly if the component described as “monitoring” is  not on a ‘without prejudice” basis.

In other words, RMA’s need to be very protective of their legal rights and the lack of power of the regulator absent the specific invocation of a statutory power to enter upon their business premises and to start looking through client files and other records maintained by the RMA.

There is in my view, no power to conduct “outreach and monitoring” visits at your office which will take 2 hours.

If you agree to such a visit then you permit the entry upon the premises of officers of a statutory authority who may wish to review confidential client records and other materials which may traverse your client’s privilege to privacy, confidentiality etc.

The OMARA is not independent of DIAC and if I had received such an invitation I would say that I am unavailable as  am washing my hair!

I think if this is what the OMARA wants to do then they should discuss it with MA and sort out exactly what they are up to. 
 
Check out the email:

From:

"Aileen ZHENG" <This email address is being protected from spambots. You need JavaScript enabled to view it. >

To: Deleted

Cc:

"Louise LAZZARINO" <This email address is being protected from spambots. You need JavaScript enabled to view it. >

Sent:

Thu, 8 Aug 2013 07:16:38 +0000

Subject:

Meeting with the Office of the MARA [DLM=For-Official-Use-Only]
For-Official-Use-Only

Dear Mr Deleted

Thank you for your time on the telephone today.

As discussed, the Office of the MARA will be undertaking a range of outreach and monitoring activities in Melbourne next week. As part of this, we will be visiting a number of randomly selected agents to review and discuss their current practice, any issues or challenges that they are facing, and how we as a regulator may be able to provide help and support.

As discussed, I propose to visit your office at  DELETED. I will be visiting with Louise Lazzarino, Assistant Director, Registration and Client Services, and as you have suggested, would like to meet with both you and your colleague Mr DELETED. The meeting would take no more than 2 hours.

I thank you for agreeing on the phone to meet with us, and understand that you may need to further discuss your availability on the day with your employer. We are happy to communicate directly with your employer if there are any questions.

I look forward to your further reply and to meeting you on     DELETED August 2013.

Kind regards

Aileen Zheng
Monitoring and Complex Case Officer
Registration and Client Services
Office of the Migration Agents Registration Authority
Telephone: 02 9078 3504
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

No cooperation without consultation.  It's simple.  The Office of the MARA have not consulted with stakeholders and are off on a jaunt of their own.  If you have received an invitation and you don't want to do it let me know and I will help you refuse the Office of the MARA nicely.  Anyone who wants a template letter to get them out of having to go through a 'random audit' with the OMARA please contact me.  This email address is being protected from spambots. You need JavaScript enabled to view it.

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Comments

  • Guest
    Jamie Lingham Monday, 12 August 2013

    Thanks for sharing Chris, very informative!

    Reply Cancel
  • Guest
    Carmelita Mahle Monday, 12 August 2013

    I agree, NO to OMARA

    Reply Cancel
  • Dhevika Rani - Somasundram
    Dhevika Rani - Somasundram Monday, 12 August 2013

    This is interesting news, Chris. I would like to say NO nicely !!

    Reply Cancel
  • Bernard M Scheelings
    Bernard M Scheelings Monday, 12 August 2013

    I am too busy writing letters to the Shadow Minister so have no time to entertain visitors

    Ben Scheelings

    Reply Cancel
  • Guest
    Anonymous Agent Monday, 12 August 2013

    Keep Calm, and Say No.

    Reply Cancel
  • Mohamed Kondeh
    Mohamed Kondeh Tuesday, 13 August 2013

    I am with you mate. I say NO to OMARA entering my office.

    Reply Cancel
  • Guest
    Anonymous Agent Tuesday, 13 August 2013

    I'd say an appropriate reply would be that I'd like to visit their offices with an outreach delegation of RMA's, for a visit of no longer than 4 hours, where we will discuss matters such as their infrastructure, their administrative procedures, and their general suitability as an ethical regulator.

    Reply Cancel
  • Guest
    Louise Tuesday, 13 August 2013

    It's terrible policy that client’s privilege to privacy, confidentiality will be traversed.
    I must say "NO" to OMARA.

    Reply Cancel
  • Editorial staff
    Editorial staff Tuesday, 13 August 2013

    The Office of the MARA is actually DIAC. It has the same ABN. It is the same organisation. Justice is truth in action.

    Reply Cancel
  • Guest
    Marty Sebastian Tuesday, 13 August 2013

    What is outreach and monitoring all about?
    Why do we have the code of conduct as professional practitioners for?
    That's too much. Are we school children that needs to be supervised? Why can't they just focus on their works and responsibility efficiently so things will be better.

    Reply Cancel
  • Guest

    We are the ones who are specifically educated in what we do and have evidence of sound knowledge to practice. It's a bit rich if you ask me, to have a person (usually if not ex-DIAC) unregistered and unqualified in migration and citizenship law turning up on our doorsteps to conduct an 'audit'. Perhaps with all our skills we could go in and do an audit on the Office of the MARA and tell them where they are breaching things such as their very own code of ethics 'the ethics toolkit'. Doesn't their conscience tell them that it would be a breach of client privilege to open a client file in an agent's office when they client hasn't permitted that? Or privacy laws? Where do the Office of the MARA conflicts of interest stop?

    RIGHT NOW. RIGHT HERE. AGENTS SAY NO!:(

    Reply Cancel
  • Guest
    Against Office of MARA intrusion Tuesday, 13 August 2013

    Dear Chris

    Thank you for your advice about OMARA random audits and encouraging others to say no ;

    For your information;
    1. I am aware that OMARA has already conducted visits without prior permission or knowledge of particular MAs and their respective business associates and other business operations , which work along side MA .
    2. I am also aware that investigation officers have sat outside MA work places acting as if they are an under cover surveillance regime.
    3. I am also aware that they have entered on private property (without consent of the property owner - no a MA ) all in the name of their legal rights investigating a MA business operations.
    4. I am also aware that they have taken photographs of private property , its signs etc without the consent of the owner .
    This was raised in a complaint to particular commissions re rights of privacy. The commissions were totally biased and supported the rights of OMARA to investigate. The commission did not support the privacy of the citizens and merely created a written reply that supported OMARA's actions.

    It seems OMARA are adding more new legislation in migration laws to suit their agenda and does not protect citizens, or MA. Whilst I understand that security of the nation is necessary . I do not accept that MA should be targeted to cripple communities in Australian society.

    Chris you can see that these random audits will become confused with OMARA rights to investigate regardless. It is apparent in the many years I have worked along side MA, that they are afraid of retaliating and fighting back.

    I am a big supporter of rights of citizen in this country , and that government is for its citizen , not the other way around.

    I would suggest that you also outline legal references to Migration Alliance members about Australian laws which gives rights to 'say no" , including tackling the privacy laws which are being compromised.

    Another point if OMARA sees fit that the MA failed to co operate or adhere to the code , then that will give them reign to reprimand the MA and even cancel their license because they are 'not fit and proper , or person of integrity, or some other excuse.

    Reply Cancel
  • Guest
    Sukhwant Singh Tuesday, 13 August 2013

    Exactly right- and the greatest dangers are these:

    1. There is a perception amongst agents that if they don’t co-operate, they may have problems with DIAC and MARA in the future. Such a fear, whether reasonably held or not, is widespread, and a matter of deep concern in a democracy- professionals should have no fear and should favour no one and should not feel intimidated because it is “the” regulator and most importantly, not be cowed by the very words “MARA” or “DIAC”- is we do feel any of these, we might as well be in Zimbabwe!

    2. The false complacency that “you have nothing to fear if you have nothing to hide”- which assumes that the proponent of such a statement is itself beyond reproach, will not deliberately or inadvertently misuse information and will hold no preconceived notions about the auditee.
    Yours faithfully
    Mr Sukhwant Singh LL.B (Hons), LL.M , Lincoln's Inn (UK)
    Barrister & Solicitor, Migration Reg. 9803343
    Magister Legal – Commercial Lawyers
    Level 3, 16 Irwin Street, PERTH 6000, Western Australia
    Tel: + (618) 9220 4471, Fax: +(618) 9220 4492
    Email: ssingh@magisterlegal.com.au

    Reply Cancel
  • Guest
    Migration Agent 123 Tuesday, 13 August 2013

    I have written to the Office of the MARA as follows:

    “Dear Aileen,

    I understand that the OMARA is offering ‘outreach” services to RMA’s.

    I have been suffering from a variety of conditions brought on, it would appear, by the unrelenting pressures of practice accompanied by the tendency of a minority of clients to complain.

    I have also had to cope with the deaths of close members of my family and the recent suicide of a loved relative.

    Can you please direct me to the "outreach” services offered by OMARA so I can get some help?

    Sincerely"

  • Guest
    Tim Smith Tuesday, 13 August 2013

    Chris,

    Loved the comment about washing your hair - you may need to explain the joke to DIAC though...

  • Guest
    Sheri Wednesday, 14 August 2013

    Thanks Chris for sharing the information, It's very interesting that go randomly!!!

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