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Supervision Policy (NOT CURRENT POLICY)

June 2008 - October 2009

Application for a provisional licence

Introduction

Section 19(5) of the Immigration Advisers Licensing Act (“the Act”) requires that a person who holds a provisional licence must work under the direct supervision of a fully licensed immigration adviser for 12 months, or a lesser period if specified.

Section 18 of the Act allows the Registrar to prescribe the information required for an application. The Registrar requires the applicant for a provisional licence to submit a supervision arrangement for approval.

This policy statement sets out the expectations of the Registrar of Immigration Advisers in relation to supervision arrangements for provisional licence holders.

Principles of supervision

Two principles underpin the concept of direct supervision: Migrant protection and professional development.

Migrant Protection

The purpose of the Act is to promote and protect the interests of consumers receiving immigration advice and to enhance the reputation of New Zealand as a migration destination.

Direct supervision helps to achieve this purpose by ensuring that a provisional licence holder’s clients have access to the same standard of advice as would be received by a full licence holder and that a provisional licence holder is providing full, accurate, competent and ethical advice.

Professional Development

One of the functions of the Authority is to facilitate the education and professional development of immigration advisers.

Direct supervision facilitates the education and professional development of immigration advisers because the supervisor helps a provisional licence holder to develop the skills and competencies required for a full licence.

“Direct supervision”

The Registrar expects that a supervisor undertaking “direct supervision” will:

• Act in accordance with the principles of supervision set out in this policy.
• Accept responsibility for the quality of a provisional licence holder’s work by:
  1. Ensuring the provisional licence holder is operating within the scope of his or her individual knowledge and skills; and
  2. Monitoring all documentation and correspondence prior to submission to Immigration New Zealand, clients or tribunals; and
  3. Maintaining oversight of the provisional licence holder’s handling of immigration matters.
• Support a provisional licence holder to develop the skills and competencies required for a full licence by providing:
  1. Critical feedback; and
  2. Support and guidance for work practice; and
  3. Structured learning; and
  4. Opportunities for on-the-job learning and development.

Roles and responsibilities

A Provisional licence holder

The Registrar expects that a provisional licence holder will:

• Advise the client that he or she holds a provisional licence and is being formally supervised; and
• Obtain the client’s consent to disclose the client’s personal information to the supervisor; and
• Retain responsibility for his or her own professional practice and be adequately prepared for all supervision meetings; and
• Inform the Registrar if there is a change in supervisor.

A Supervisor

The Registrar expects that a supervisor will:

• Hold a full immigration adviser’s licence in accordance with the Act; and
• Have the ability to provide direct supervision as defined in this policy because he or she has supervision, leadership or management experience, and/or has completed a relevant training course; and
• Provide direct supervision for a provisional licence holder in accordance with this policy.

The Registrar

The Registrar:

• Is responsible for the approval of each supervision arrangement.
• 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.
• 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.
• Recognises direct supervision by the supervisor as an activity for the purposes of continuing professional development.

Competency standards

A provisional licence holder and a supervisor are each required to operate within the scope of individual skills and knowledge as set out in the competency standards.

Code of conduct

A provisional licence holder and a supervisor are each required to fully comply with the code of conduct.

The Registrar expects any breach of the code of conduct, by either the supervisor or the provisional licence holder, which cannot be resolved, to be reported to the Authority as a complaint under section 44.

A supervisor or a provisional licence holder must refer matters not covered by the code of conduct or the Act to the appropriate authorities.

Confidentiality

Clause 1.2 of the code of conduct sets out the obligations of a licensed immigration adviser in respect of client confidentiality. The supervisor and the provisional licence holder are bound by that duty.

A provisional licence holder must obtain client consent to share information for the purposes of the supervision arrangement. This consent may have previously been obtained if the supervisor and the provisional licence holder are in an employment relationship.

Supervision arrangement

Before applying for a provisional licence, the applicant must discuss, agree and document a supervision arrangement with his or her proposed supervisor.

It is likely, but not necessary, that direct supervision will take place in the context of an employment relationship where the supervisor and the provisional licence holder work for the same employer. If this is not the case then a provisional licence holder should inform his or her employer and seek consent to the supervision arrangement.

The arrangement should be documented in a Supervision Agreement. There is no set format but the Registrar expects the agreement to reflect the principles of this supervision policy and at a minimum:

• Include a statement of agreement to abide by the code of conduct and this supervision policy;
• Define the immigration matters in which the supervisor is competent to provide direct supervision;
• Explain how direct supervision will occur;
• Detail the time, place and frequency of supervision meetings;
• Document a professional development plan;
• Explain how disputes will be resolved;
• Detail how client confidentiality will be protected;
• Identify any conflicts of interest;
• Detail costs involved, if any.

The Registrar may request a copy of the draft Supervision Agreement when considering the Application for Approval of Supervision Arrangement.

After the Registrar has approved the supervision arrangement and granted a provisional licence the supervisor and the provisional licence holder should sign and date the Supervision Agreement.

Keeping records

The Registrar expects a supervisor and the provisional licence holder 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 the supervisor is providing direct supervision, details of the provisional licence holder’s professional development goals, expected outcomes, action plans and results, and details of any training attended by the provisional licence holder.

In accordance with section 57 of the Act, the Registrar may inspect these records.

Upgrading to a full licence

A provisional licence holder may apply for a limited licence or a full licence at any time during the 12 months.