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Immigration Daily News OMARA just snuck in a professional development legislative instrument for a mandatory activityAustralian Immigration Daily News
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OMARA just snuck in a professional development legislative instrument for a mandatory activity
Professional-Development-Ingram-update.pdf
See above for the new legislative instrument which prescribes the Practice Ready Programme as a mandatory activity (see the attached IMMI 14/038) as at yesterday's date 14 August 2014.
We are gathering more information at the moment and will write a full story and summary on this change this afternoon.
Interestingly there was no announcement about this change from the Office of the MARA yesterday.
Does this mean that new migration agents who didn't hold a legal practicing certificate were previously doing the practice ready programme without any legal authority, as this instrument only came into place yesterday?
It used to be 8 points of CPD and I can't not find any instrument issued by the Minister or his delegates under 7A of Schedule 1 for the previous practice ready programme.
Do any of the lawyers/agents out there know whether the CEO of the Office of the MARA has the authority to issue a legislative instrument under Clause 7A of Schedule 1 of the Regs 1998?
Comments
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Friday, 15 August 2014Regarding the new legislative instrument: I understand that the Minister may delegate his powers under the Migration Act (s496) but this not authorise him to delegate powers under the Migration Agents Regulations, does it?
If it does not, are you aware of any provision in the Regulations that authorises him to do so? If not, OMARA would yet again have acted without legislative authority when issuing the legislative instrument. -
Friday, 15 August 2014Dear Colleagues,
I am also out of pocket for an employee who had to do the PRP. ( After they did it they left)
I guess I have a financial interest in the lack of power to make this a requirement.
I am going to launch a class action to recover the money if the legal research on this issue checks out. -
Friday, 15 August 2014
I also question the legality of a delegate of the Minister to revoke and issue legislative instruments. It also calls the question the supposed separation of the OMARA and DIBP.
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Friday, 15 August 2014
I did the PRP and found it a waste of time and money. It was a rehash of some of the Grad Cert topics. So would be very interested in being refunded! Will support a class action!!
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Friday, 15 August 2014
Whilst I am a new agent (3 yrs) I already thought it was mandatory as I couldn't re-register without it. Either way, it was such a fantastic course and it taught me a lot that the Grad cert failed to. It's not a waste in my opinion.
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Friday, 15 August 2014
It appears that the Instrument is just consolidating the previous instruments. I am prepared to admit I do not know everything and I may not be correct. It seems we have located the previous instruments but were these instruments 'in force' and were they 'registered'?
I was under the impression that only a Minister could do this job. Again, prepared to admit I am not correct. Any advice from lawyers who love this end of the Migration Act would be most welcome.
Finally, no harm meant to Steve Ingram on this one. In my view he is the best CEO the OMARA has had so far. This is not personal. -
Saturday, 16 August 2014
A carefully scripted addition or perhaps not - imagine the disarray if FOOTNOTE 3 was missing. 1 point for the SCHEDULE B items (as stated) . Are footnotes technically a lawful part of the legislation/instrument (and how difficult to include within the wording of the actual instrument)
I think if not part of the legislation how can they be part of an instrument under same - Acts Interpretation Act 1901 Part IV s13.
As for legalities of the delegate appointed to oversee the industry making the instrument - all lawful no doubt (of course)..
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Immigration blog
I paid for one of my staff to complete the practice ready programme. I have had a quick look myself and I cannot find the instrument either for that previous practice ready programme. Does this mean I will get a refund for a course that should never have run? I paid for my staff member to fly from Perth and put her up in accommodation. It was a costly exercise.