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What are my responsibilities as a provisional licence holder?

A provisional licence holder’s responsibilities are set out at clause 13 of the Licensed Immigration Advisers Code of Conduct 2014.

Under clause 13 of the Code provisional licence holders must:

  • act in accordance with the supervision agreement as approved by the Registrar
  • inform the Registrar when any notice is given that the supervision agreement is to be terminated
  • not give immigration advice for any period of time in which they do not have in place a supervision agreement approved by the Registrar
  • provide any new supervision agreement to the Registrar for approval.

Other responsibilities specific to provisional licence holders within the Code are:

  • Clause 8(a) – they must work within the scope of their individual knowledge and skills, or under direct supervision if a provisional licence holder, or refer the client to another professional
  • Clause 8(c) – they must explain to the client that a provisional licence requires them to work under the direct supervision of a full licence holder, and they must seek advice from the supervisor whenever necessary
  • Clause 11 – they must have a supervision agreement in place that is approved by the Registrar
  • Clause 18(c) – their written agreements must contain:
    • a record that their provisional licence requires them to work under the direct supervision of a full licence holder, and that they must seek advice from the supervisor whenever necessary
    • the name and licence number of their supervisor
    • a record that they will disclose the client’s personal information to their supervisor who is obliged to keep that information confidential (by virtue of Clause 12(d)).
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