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Immigration Daily News OMARA: Harassment and Intimidation using 'self-audit survey'
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OMARA: Harassment and Intimidation using 'self-audit survey'
In response to a large number of enquiries from RMAs about whether to complete the OMARA's 'Self-Audit' survey, my answer is a firm 'NO'. Do not complete the survey.
In their response to the enquiry from the Convenor of Migration Alliance, Liana Allan, concerning the OMARA 'Self-Audit' survey, the OMARA has said that it is 'greatly encouraged by the professionalism and integrity of those agents that have participated so far'.
This reply mirrors the emails sent out to those agents who have not completed the survey and clearly seeks to imply that in failing to complete the survey, the relevant agent is neither professional nor a person of integrity.
Clearly this is an attempt by the OMARA to intimidate members of the profession by persistently importuning them to do something which has no legal basis.
For the sake of clarity there is no doubt that the OMARA is charged generally with 'monitoring'. That is not to say that there is a power to monitor.
The OMARA asserts that the 'authority' is said to lie in section 316. This is not the case. Section 316 (1) deals with the functions, not the 'authority'. The power to require a person to answer questions or provide documents lies elsewhere in the Act.
To assert otherwise and to assert some 'Authority' to ask migration agents to answer questions, by resort to Section 316, constitutes, at best, function creep by the OMARA.
The OMARA has plenty of power to require any RMA to answer questions and provide documents absent a complaint (on its own motion) but must first write to the RMA and then assert a statutory basis for the asking of questions and the requirement to provide answers.
I do not credit the OMARA with anything other than a desire to be seen to be doing 'something' about the conduct of RMAs (busy work not real work).
The evidence concerning the conduct of RMAs is incontrovertible. A look at the Annual Report of the OMARA and its earlier incarnations demonstrates clearly that migration agents are highly compliant, honourable, professional, and persons of integrity. There is simply no evidence that would warrant a broad-based 'survey' to establish whether RMAs are complying with the Code of Conduct. There is no precedent, as far as I am aware, and I have been a member of the Law Society of NSW for over 26 years, to the effect that surveys of this sort are conducted on a regular basis by other professional associations.
Surveys are by their very nature, voluntary. The linking of the request to complete the survey and the conduct of completion to professionalism and integrity is a very long bow to draw. This is a survey which is so defective that any person can get access to it and complete it without the knowledge of the RMA concerned (as has been the case already). Further, this is a survey which is apparently due to expire at midnight on 9 October 2015. It is completely illogical that something which is mandatory in the nature of monitoring would have an expiry date.
As a migration agent who claims to be cooperative, professional, and a person of integrity I would urge my colleagues not to complete this survey.
Below is an email which OMARA sends to RMAs who have not completed the survey. Ignore all emails which look like this.
Dear Agent
On 25 September 2015 you were sent an email from Migration Agents Registration Authority> This email address is being protected from spambots. You need JavaScript enabled to view it.
requesting your cooperation to complete a survey about your compliance with the Code of Conduct for registered migration agents (the Code).
The OMARA is greatly encouraged by the professionalism and integrity of those agents that have completed the survey and has received many instances of positive feedback. This is most encouraging and reflective of the importance that agents place on having the opportunity to examine their professional practice to ensure that they are meeting their obligations and to identify areas for improvement if required.
If you have completed the survey, please disregard this email. If you have not yet had time to complete the survey, please note that the survey will close at midnight on 09 October 2015.
Please do not hesitate to contact me if you have any queries regarding this survey.
Thank you for your cooperation.
Yours sincerely,
XXXXXXXXX YYYYYYYY
Assistant Director
Registration and Monitoring
Office of the Migration Agents Registration Authority
Comments
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Wednesday, 07 October 2015I agree with Alan. Sometimes feels like I will be better off being a Transperth bus driver or a clerk in a government dept than doing this work with so much of compliances.
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Wednesday, 07 October 2015
Thank you for the update Christopher.
I have not received request for a survey. Was it sent to all agents or just random list? -
Wednesday, 07 October 2015
Yes, Chris, you're right again. Paranoia is a requirement (and ironically a sign of sanity) when agents are dealing with an authority that despises them, shows open contempt for them and wishes that they didn't exist. Why would anyone complete a survey that will be used against them.
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Wednesday, 07 October 2015
Intimidation (also called cowing) is intentional behaviour that "would cause a person of ordinary sensibilities" fear of injury or harm . According to this definition I don't agree with the assertion of intimidation by the OMARA because there is no THREAT being made of any kind. Surveys are a normal method to gather information to determine the effectiveness of a program.
Provided of course that the survey is validly constructed, participants responses remain confidential and the data is used objectively and not used adversely against any individual i.e as evidence of failing to comply with the code of conduct. Also The survey must clearly state its purpose what it is measuring and how the results are being used and all the usual rules of construct and content validity are applied. To me the survey may have been poorly constructed and communicated, but there is no evidence of intimidation. -
Wednesday, 07 October 2015
It does cause fear of injury or harm. The Omara emails are worded in such a way that agents fear they would be 'deemed' unprofessional or that they would not be complying if they didn't complete the survey. They fear losing their standing or registration. The Omara misquotes the Act to trick agents into thinking that they must somehow comply with this stupid survey. Omara does use the information against the agent once they gather up the answers. I know an agent who has been chased down and further investigated by Omara because of his answers to this survey. It's not an innocent survey. Omara have even asked agents to complete stat decs after their answers in the survey. Don't trust Omara. They are DIBP. Smiling assassins.
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Thursday, 08 October 2015
If that is a fact and bullying is involved then yes obviously MARA are acting unethically and is misconduct and abuse of their power. The independent bodies that are meant to keep them accountable are usually ineffective any. I have worked in a Govt Dept and seen the impact of narcissism on people lives first hand. Anyway originally I didn't fill in the survey because I couldn't really be bothered, and I now with this new information I am totally committed to not be bullied into filling it under any circumstances. As a provisionally registered psychologist it would not be ethical for me to promote or participate in a survey that abuses or causes harm to people, its big no no in the psychology profession for a good reason.
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Thursday, 08 October 2015
Omara = wolf dressed up as a lamb. Sugar coated danger.
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Thursday, 08 October 2015
I am worried, by not doining the survey, OMARA will come after us.
One ex-RMA who tried to do a CPD without booking in advance was audited and removed as a RMA.
I hope Chris will defend us when OMARA comes after us
Ram Ravi Singh Khalsa
09 Oct 2015
PS Twice MARA has tried to remove my registration. Should they try again, I think I would have a good case. I may just make more than my normal business. And I may have a better case due to my vision problems. -
Thursday, 08 October 2015
It is really to disrupt my busy work and life. If the OMARA does not want agents to do the work for DIBP, we can go another industry. The immigration industry is already very competitive with high pressure. Why gives us more….
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Thursday, 08 October 2015
If the Office of the MARA would like us to cooperate they are going to have to come up with a better line than the utter crap that they are currently feeding us 'this survey will help you become more professional and is good for you'. BULLSHIT. Cut the crap and start being honest. The OMARA want to catch us out and then issue a S308 for more information. This sugar sweet drivel of an email from the OMARA talking about how they are pleased with how professional agents are and how encouraging it is .........I did not come down in the last shower.
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Thursday, 08 October 2015
Let the Dead bury the Dead- Sayings from the Bible.
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Friday, 09 October 2015
aren't our CPDs enough Monitoring by OMAR and registration fees of $1595
If we meet the requirement for re registration why keep monitoring, unless a complaint comes in. -
Sunday, 11 October 2015
THIS POST WAS REMOVED BY THE CONVENOR on 16 OCTOBER 2015 at 9:43AM
Immigration blog
It's not just overreach on the part of the OMARA, Christopher.
It is the unnecessary imposition of administrative form filling for no good end.
I mean we're all sitting around with nothing else to do apart from completing questionnaires, aren't we ... how much are the OMARA going to pay to compensate me for time that would otherwise be spent on client work?
Of course, people in the public service don't have the same sense of commercial imperative.
Unless I can see any personal benefit in completing the survey it won't be completed by me. And as you say, there's no legal imperative to so either.
Best regards.