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Migration Alliance and DIBP's NSW/ACT Regional Director go head to head

Regional Director of the DIBP sets the tone for future dealings with RMAs

Please find a link to the communication received by the Convenor of Migration Alliance late yesterday from the DIBP:

MJJ-let-to-MA.pdf 

Please find a copy of the reply from Migration Alliance. 

CL-let-Migration-Alliance---16-10-15-to-MJJ.pdf

I now invite all members of MA who believe that they have been:

1. Lied to by the DIBP and/or OMARA

2. Harassed and/or bullied by the DIBP or OMARA

3. Defamed by the DIBP and/or OMARA

4. Victimised and/or unfairly targeted by the DIBP and/or OMARA

Please send me an email to This email address is being protected from spambots. You need JavaScript enabled to view it. and I will assist you and protect you should you decide to proceed to make a formal complaint in respect of the any of the behaviours identified above.

I think it is fair to say that relations between RMAs and DIBP will only be as good as the standard that DIBP itself actually adheres to. 

It is important to remember, that like migration agents, public servants are bound by a code of conduct.  Any breach of the code of conduct by either an RMA or a public servant is a very serious matter.

 

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  • Guest
    ADMIN LAWYER 101 Friday, 16 October 2015

    Public Service Act 1999
    28 Suspension

    The regulations may make provision in relation to the suspension from duties of APS employees, with or without remuneration.

    29 Termination of employment

    (1) An Agency Head may at any time, by notice in writing, terminate the employment of an APS employee in the Agency.

    Note: The Workplace Relations Act 1996 has rules and entitlements that apply to termination of employment.

    (2) For an ongoing APS employee, the notice must specify the ground or grounds that are relied on for the termination.

    (3) For an ongoing APS employee, the following are the only grounds for termination:

    (a) the employee is excess to the requirements of the Agency;

    (b) the employee lacks, or has lost, an essential qualification for performing his or her duties;

    (c) non‑performance, or unsatisfactory performance, of duties;

    (d) inability to perform duties because of physical or mental incapacity;

    (e) failure to satisfactorily complete an entry‑level training course;

    (f) failure to meet a condition imposed under subsection 22(6);

    (g) breach of the Code of Conduct;

    (h) any other ground prescribed by the regulations.

    (4) The regulations may prescribe grounds or procedures applicable to the termination of the engagement of non‑ongoing APS employees.

    (5) Subsection (4) does not, by implication, limit the grounds for termination for a non‑ongoing APS employee.

  • Guest
    anon Friday, 16 October 2015

    Stakeholders

    Increasingly, agencies are expected to develop close links with interest groups such as consumer and industry associations, provider organisations and think-tanks. These relationships often go beyond the exchange of information and may involve more formal collaboration or negotiation about government decision making.

    Good relationships help agencies achieve effective and efficient implementation of government programmes, thereby supporting the APS Value of achieving results.

    APS employees need to be clear about their obligations to be impartial, accountable and responsive to government. Close relationships with stakeholders should better inform decision makers, but should not constrain Ministers or involve unauthorised disclosure of information. The closer or more formal the relationship, the more important it is to clarify expectations and obligations, including the handling of confidential information and the transmission of advice.

    Conflicts of interest may be significant, particularly where the stakeholder may have an involvement in decision making or access to confidential information. The very role of stakeholders in representing interests may both justify why it is important to develop a close relationship, and constrain the nature of that relationship. Agencies should obtain statements of interests to ensure open discussion and agreement on the management of conflicts of interest. Stakeholders such as industry or consumer representatives may have their own obligations to members that APS employees need to appreciate in order to consider the best management of conflict of interest.
    Public Service Code of Conduct:
    http://www.apsc.gov.au/publications-and-media/current-publications/aps-values-and-code-of-conduct-in-practice/working-with-the-private-sector-and-other-stakeholders

  • Guest
    Michaelabarlow@ozemail.com.au Friday, 16 October 2015

    Hi Christopher
    I have just finalised a HCA case for asylum seeker by consent. I could get no assurances about whether he would be granted a bridging visa for the duration of the process. I'm somewhat not sure whether it was right for me to consent given no assurance on bridging visa. The plaintiff, a Hazara young man has been living in the community in poverty with no benefits or right to work living with charity. Do you have any advice on this score? I'd be most grateful.

  • Guest
    Michaelabarlow@ozemail.com.au Friday, 16 October 2015

    Hi Christopher
    Are you aware of any negligence suits for migration agent negligence? My Hazara young man was in this predicament after ma did not lodge to RRT in timeframe.

  • Christopher Levingston
    Christopher Levingston Friday, 16 October 2015

    Can you email me the terms of settlement Christopher@levingston.com.au

  • Guest
    Robert chelliah Friday, 16 October 2015

    How about old claims against MARA when it was under MIA.
    I was abuse mentally tortured as an agent in Punjab in 2002 and MIA and MARA did nothing F*#* K all to rescue me.. I lost all my investment and fled from India with some help from DFAT. Do I have claim against MIA plus OMAR for having made me believe my MARA registration should have protected from abuse by overseas corrupt officials.?

  • Guest
    Dinko Donjerkovich Friday, 16 October 2015

    Chris You are truly a legend ....one of the few exceptional lawyers I have had dealings with in twenty two years in the profession !!

  • Guest
    anon Saturday, 24 October 2015

    Some days this website is like reading Ruperts Daily telegraph.

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