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Newsletter June 2010

In this issue:

Take responsibility for your CPD

We have recently received a number of queries regarding what the Authority considers acceptable CPD activities.  Advisers know that they are expected to demonstrate in their renewal that they have undertaken at least 20 hours worth of CPD in the past year, but responsibility for determining the make-up of that CPD sits with the individual adviser.

We expect advisers to consider gaps in their knowledge, or specific weaknesses in their business practices.  These are the areas where further study or attendance at appropriate seminars or conferences will give the greatest benefit, and CPD should be planned accordingly.  Unless the Authority has alerted an adviser to areas where they are lacking particular skills, these issues are up to the individual to determine.

All advisers are obliged to continually update their knowledge of immigration policy changes.  This will be particularly vital with the introduction of the new Immigration Act in November this year. 

We recommend advisers revisit the CPD guidelines on our website.  We also remind advisers who have recently become licensed, that there is a lot of information in back issues of the Authority newsletter, all of which are on our website.

What can you expect if a client complains about you?

This article is the second part of the speech Melissa England, Team Leader Investigations, gave at the NZAMI April seminar on complaints against licensed advisers.

Any complaint against a licensed immigration adviser has to meet the criteria set out in the Act.  Once it is accepted, the Authority will notify the adviser, and send a copy of the complaint and any supporting documentation.  You will be given the opportunity to provide an explanation and any supporting documentation that you would like the Immigration Advisers Complaints and Disciplinary Tribunal to consider.  You are normally expected to provide this to the Authority within 10 working days.

Once your response is completed and sent back to the Authority, an Investigator will review this and may come back to you for clarification.  You may be required to provide more than one response if new information comes to light during the investigation process. 

Once all the information is gathered it is compiled into a report which the Registrar signs off and all the supporting documentation is forwarded onto the Tribunal.  You are given a copy of the full submission and the complainant is notified of the complaint being sent to the tribunal.

It is possible that the adviser and client may reach a settlement after the complaint has been accepted by the Authority.  In this instance, the Authority must still forward the complaint to the Tribunal.  You will be able to provide any evidence of a settlement within your response documentation and the Tribunal will take this into account. 

We have been asked on a number of occasions whether we are likely to publish the Tribunal decisions.  We will take direction from the Chair regarding what may or may not be published.  Information regarding a licensed adviser having their licence cancelled or suspended will be displayed on our register so it will be apparent who they are.

After the Tribunal has heard a complaint they may:

The Tribunal can impose one or more of the following sanctions:

New projects

The Authority has started work on two new projects.

We are reviewing the renewals process with a view to developing a fast-track renewal process for advisers who have renewed their licence twice and meet certain criteria.  The licensed immigration adviser reference group is helping the Authority develop the new policy.  The likely introduction date will be mid 2011.

The Authority is also beginning work on the development of a licensing qualification.  The qualification is likely to replace the existing evidence-based assessment process and provide an improved pathway for new entrants to the immigration adviser industry. 

Thank you to those of you who have expressed interest in being part of the working group to assist with the qualification development.  The working group will also include Immigration New Zealand and consumer representatives.

We are also keen to find out whether existing advisers would be interested in completing the qualification, or modules from it as part of your CPD obligations.  Look out for a questionnaire on this topic soon.

We will update you on both of these projects as they develop.

TTMRA applications for MARA registration

New Zealand licensed immigration advisers can now apply for registration as a migration agent in Australia, under the process set out in the Trans Tasman Mutual Recognition Act (TTMRA).  TTMRA recognises equivalent-registered occupations in Australia and New Zealand, and offers a streamlined registration process.

Your MARA registration conditions will mirror the conditions of your New Zealand licence.  For example:

The fee for registration should be made by personal or bank cheque or international money order in Australian dollars.  You must also hold professional indemnity insurance with coverage in Australia.  Once registered, you will also be required to abide by the MARA code of conduct.

You can find out more about the Australian registration process here.

Immigration New Zealand operational policy update

Immigration New Zealand has advised the Authority that their next policy updates will focus on the Immigration Act 2009.  Training sessions are likely to take place in September or October.  We are aware that licensed advisers and exempt groups are waiting for this training.  Please make sure you look out for information about the seminars, which will be publicised in our newsletter closer to September.

Numbers update

On 31 May 2010, there were 456 licensed immigration advisers:

CONTACT US

As always, please feel free to contact us:
Email us at info@iaa.govt.nz
Freephone 0508 IAA IAA (0508 422 422 – New Zealand only)
Write to PO Box 6222, Auckland 1141, New Zealand
Visit www.iaa.govt.nz

 

Barry Smedts
Registrar of Immigration Advisers   
Licensed professionals = Protected migrants