MODEL PROVISIONAL LICENCE SUPERVISION AGREEMENT

download and complete this agreement [rtf 6 pages, 190kB]

Between………………………………………………………….(Provisional licence holder)
Company…………………………………………………………
Immigration adviser number………………………...(If available)
Contact phone: ………………………………………………
Email: …………………………………………………………….

And…………………………………………………………………. (Supervisor)
Company………………………………………………………..
Immigration adviser number…………………………
Contact phone: ……………………………………………..
Email: …………………………………………………………….

Purpose of agreement

  1. The purpose of this agreement is to establish a robust supervision arrangement that:
    1. gives [name of provisional licence holder]’s clients access to the same standard of full, accurate, competent and ethical advice that would be received by a full licence holder’s clients;
    2. facilitates the education and professional development of [name of provisional licence holder] so that he/she [delete whichever is not applicable] may develop the skills and competencies required for a full licence; and
    3. facilitates the education and professional development of [name of supervisor] by providing him/her [delete whichever is not applicable] with the opportunity to develop leadership and training skills in his/her [delete whichever is not applicable] areas of expertise.

The supervision arrangement

  1. Supervision will take place as follows:
    1. [Name of supervisor] will monitor all formal documentation and correspondence from [name of provisional licence holder] to clients, Immigration New Zealand and tribunals.
    2. [Name of supervisor] and [name of provisional licence holder] will meet daily/weekly/fortnightly [delete whichever is not applicable]. Either party must give as much notice of cancellation as possible, and must arrange an alternative date.
    3. The regular meetings will be used to discuss [name of provisional licence holder]’s current client cases and relevant immigration law and policy, ensure [name of provisional licence holder] is working within the scope of his/her [delete whichever is not applicable]individual knowledge and skills, ensure that documentation is being monitored by [name of supervisor], identify [name of provisional licence holder]’s learning needs, and develop and monitor [name of provisional licence holder]’s professional development plan.
    4. [Add any other relevant aspects to the supervision arrangement such as training]
  2. [Name of provisional licence holder] is employed by [company name]. [Company name] has agreed to this supervision agreement. [Delete if not applicable].
  3. [Name of supervisor] is employed by [company name]. [Company name] has agreed to this supervision agreement. [Delete if not applicable].
  4. The employer of each party will bear the respective costs of this agreement OR The provisional licence holder / the provisional licence holder’s employer will bear the following costs of the supervisor:
    1. travel and accommodation associated with supervision
    2. an hourly rate of $…
    3. a monthly rate of $...
    4. xx percentage of the provisional licence holder’s fees will be paid to the supervisor.
    [Delete the parts that are not applicable and adjust to reflect who will bear the costs].
  5. In the event that [name of supervisor] is temporarily away or unavailable, supervision may be undertaken in accordance with this agreement by [name of supervisor / another full licence holder – amend according to your circumstances] 

The provisional licence holder’s professional development plan

[To be agreed and completed by both the provisional licence holder and the supervisor.]

 

Development required

Steps to be taken

Date achieved

Supervisor sign-off

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[Add more rows if necessary]

 

 

 

Roles and responsibilities of the provisional licence holder

  1. [Name of provisional licence holder] agrees to: 
    1. hold a provisional immigration adviser’s licence in accordance with the Immigration Advisers Licensing Act 2007 (the Act);
    2. provide to the Registrar of Immigration Advisers (the Registrar) a copy of his/her [delete whichever is not applicable] signed and dated supervision agreement;
    3. advise each of his/her [delete whichever is not applicable] clients that he/she [delete whichever is not applicable] holds a provisional licence and is being formally supervised;
    4. obtain the client’s consent to disclose the client’s personal information to [name of the supervisor], unless this consent has previously been obtained due to the supervisor and the provisional licence holder’s employment relationship [Amend as necessary];
    5. retain responsibility for his/her [delete whichever is not applicable]own professional practice;
    6. safeguard the commercial and professional interests of his/her [delete whichever is not applicable] organisation;
    7. work within the limits of his/her [delete whichever is not applicable]competence;
    8. provide to [name of the supervisor] for monitoring all formal documentation and correspondence from the provisional licence holder to clients, Immigration New Zealand and tribunals;
    9. implement actions and strategies agreed with [name of the supervisor] aimed at enhancing their immigration advice services; and
    10. inform the Registrar if there is a change in supervisor and seek approval for a new supervision agreement.

Roles and responsibilities of the supervisor

  1. [Name of supervisor] agrees to:
    1. hold a full immigration adviser’s licence in accordance with the Act;
    2. have the ability to provide direct supervision on the basis that he/she [delete whichever is not applicable] has supervision, leadership or management experience, and/or has completed a relevant training course;
    3. provide direct supervision for [name of provisional licence holder];
    4. provide direct supervision only within the scope of his/her [delete whichever is not applicable] individual skills and knowledge as set out in the competency standards, which are:
      [List the immigration matters in which the supervisor is competent to provide direct supervision]
    5. support [name of provisional licence holder] to develop the skills and competencies required for a full licence by providing:
      1. critical feedback;
      2. support and guidance for work practice;
      3. structured learning; and
      4. opportunities for on-the-job learning and development;
    6. accept responsibility for the quality of  [name of provisional licence holder]’s work by:
      1. ensuring [name of provisional licence holder] is operating within the scope of his/her [delete whichever is not applicable] individual knowledge and skills;
      2. monitoring all documentation and correspondence to Immigration New Zealand, clients or tribunals; and
      3. maintaining oversight of [name of provisional licence holder]’s handling of immigration matters.

Supervision policy

  1. Both parties agree to abide by the Provisional Licence and Supervision Policy.
  2. Both parties agree to be prepared for all supervision sessions, with appropriate paperwork, and follow–up from previous sessions attended to.
  3. Both parties agree to work together to progress [name of provisional licence holder]’s professional development plan.

Code of conduct

  1. Both parties agree to fully comply with the code of conduct.
  2. Any breach of the code of conduct, by either [name of the supervisor] or [name of provisional licence holder], which cannot be resolved, will be reported to the Immigration Advisers Authority as a complaint under section 44.
  3. Either party must refer matters not covered by the code of conduct or the Act to the appropriate authorities.

Conflicts of interest

  1. Both parties will identify any conflicts of interest, including the commercial and professional interests of both parties, and will agree on how these will be addressed.

 

Conflicts of interest identified

Steps to be taken to address conflicts of interest

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Dispute resolution

  1. If a dispute arises the provisional licence holder or the supervisor will discuss this with the other party immediately and in good faith, so that an open, honest and professional relationship is encouraged.
  2. Should resolution prove impossible either party may cancel this agreement on giving 20 days’ notice in writing.

Keeping records

  1. Both parties agree to keep records relating to the supervision arrangement. These records should include the supervision agreement, minutes of supervision meetings, a list of client files in which [name of the supervisor] is providing direct supervision, details of [name of provisional licence holder]’s  professional development goals, action plan and results, and details of any training attended by [name of provisional licence holder].
  2. In accordance with section 57 of the Act, the Registrar may inspect these records.

Upgrading to a full licence

  1. [Name of provisional licence holder] may apply for a limited licence or a full licence at any time, providing he/she [delete whichever is not applicable] meets the upgrade policy criteria.

The role of the Registrar

  1. The Registrar will approve each supervision arrangement in the context of the application for a provisional licence.
  2. The Registrar may, under section 57 of the Act, inspect supervision records to verify whether a provisional licence holder is receiving direct supervision and whether the supervisor and the provisional licence holder are acting in accordance with this policy.
  3. The Registrar will not be involved in a dispute between a supervisor and provisional licence holder unless the Registrar has received a complaint under section 44 of the Act.
  4. The Registrar recognises direct supervision by the supervisor as an activity for the purposes of continuing professional development.

Period of agreement          

  1. This agreement will remain in force for 12 months from the date it is signed, or until [name of provisional licence holder] upgrades, surrenders or has cancelled his/her provisional licence, whichever occurs earlier.

Approval of supervision agreement       

Provisional licence holder____________________________________________
Date: ____________________________________________________________

Provisional licence holder’s employer (if applicable) _________________________________________________________________
Date: ____________________________________________________________

Supervisor________________________________________________________
Date: ____________________________________________________________

Supervisor’s employer (if applicable)____________________________________
Date: ____________________________________________________________