We have just read the Law Council of Australia submissions to the Joint Standing Committee on Migration. *
Law-Council-Submission.pdf
Now we understand why our inboxes are full of emails from RMAs who are calling this a 'power grab' and are very critical of the motivations underpinning this submission.
We think it is fair to say that whilst the Law Council of Australia's (LCA) submissions are pitched towards higher standards and the exclusion of RMAs from the representing applicants for review at the AAT, what surprises us is that apart from the general statements and concerns there is simply no real evidence to support the recommendations made by the Council.
We for one do not buy into general statements about competence or incompetence or the conduct of RMAs concerning their clients.
The overwhelming evidence is that the very vast majority of RMAs are competent, diligent and well able to represent their client’s interests at the AAT.
We do however, along with the LCA deplore the conduct of some persons, not necessarily RMAs who in effect act as the ghost writers of pleadings in the FCC. This is difficult to detect and is rarely driven by independent professional advice with an eye to acting in the best interests of the client.
We did detect a bit of a whinge to the effect that MA is offering a 'practising certificate' in the space vacated by Home Affairs, but this is, in my opinion, unfounded. There are various professions and membership associations which produce practicing certificates. Ours is a 'Certified Migration Agent' certificate in any case.
That complaint was driven by the former DIBP through the ACCC but they crashed and burned on or around the 22 June 2017 because membership organisations routinely issue documents called “practising certificates” or such documents. Here are some other professions (apart from lawyers) that use the words 'practising certificate':
Examples of other professions where the words “Practising Certificate” or “Practice Certificate” are used:
Accountants (CPA):
https://www.cpaaustralia.com.au/professional-resources/public-practice/public-practice-program
Tax and Management Accountants (ATMA):
https://www.atma.com.au/join/atma-public-practice-certificate
Accounting (ACAA):
http://www.accaglobal.com/an/en/member/sectors/smp/practising-info/practising-cert.html
Clinical Pharmacy:
https://grad.arizona.edu/catalog/programinfo/ACPCRTG
Physicians and Surgeons:
Human Resources (AHRI):
https://www.ahri.com.au/education-and-training/qualifications/AHRI-practising-certification-program
Apart from all of that and notwithstanding any solid evidentiary basis for the recommendations made by the LCA, this in our opinion, is just the Law Council shouting into the void, created by the drive to require Solicitors and Barristers to be RMAs and fall under the regulatory scheme administered by OMARA (Cunliffe’s case https://jade.io/j/?a=outline&id=67849).
As far as we are aware about 25 percent of the profession are Solicitors or Barristers (many are members of Migration Alliance). We are perplexed by the foreshadowed prohibition on Lawyers from retaining their status as an RMA. However, we note that there is a Bill which will sever that relationship between lawyers and RMAs which is in the future (November 2018). What we don’t understand is why Home Affairs and Parliament have been sitting on the proposal for a couple of years. Don’t they have enough lawyers to draft the amendments to the Act?
In the mean time, Liana Allan, Founder of Migration Alliance, has spoken to the Inquiry Secretary of the Joint Standing Committee on Migration, Department of the House of Representatives this afternoon, after a collegue pointed out to her that the LCA's submission was dated the 11 May 2018, when the cut off for submissions is published as 27 April 2018. An extension has been granted for Migration Alliance members to make personal submissions. As web-submissions have closed, all late submissions should be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. no later than 11:59pm Thursday the 7 June, 2018.