Sam McMahon (NT, Country Liberal Party) Share this | Hansard source

I'm very happy today to rise to speak to both the Migration Amendment (Regulation of Migration Agents) Bill 2019 and the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019. Those of us on this side of the chamber know a key hallmark of good governance is the delivery of the means by which government structures and processes operate efficiently, not just our internal practices but also those areas where the Australian public must interact with our various departments and services.

This government made a promise to Australians that it would cut red tape and unnecessary costly duplication, and I commend the government for delivering on this promise. Additionally, these amendments reaffirm this government's broader commitment to deregulation across industry sectors. In my experience, as a veterinarian and small business owner, I have witnessed firsthand the impacts poor governance, overregulation and duplication have on small business. In this instance, we are addressing the convoluted registration practices and mandatory continuing legal education and migration agent compulsory education, and, on top of this, the unnecessary additional costs imposed on sole practitioners and small practices.

The amendments for both the migration bills we speak of today are designed to streamline the processes for restricted and unrestricted legal practitioners. Presently Australian lawyers are governed by the strict regulatory rules of each state's law society. Legal practitioners are considered to be either restricted or unrestricted. All legal practitioners are considered restricted within the first two years of admission and must be under the direct supervision and employ of an unrestricted legal practitioner. The restricted practitioner is required to be registered within the law society under the professional indemnity insurance of the practitioner. This structure serves to not only ensure the highest standards of service but also act as a safeguard for both client and lawyer. It delivers accountability and a mechanism for redress and sanctions if a legal practitioner's professional practice is called into question.

Following the restricted period, a practitioner may apply for an unrestricted certificate. To be successful, practitioners must first complete the relevant state law society's unrestricted practicing certificate course and obtain all relevant registrations and insurance. Furthermore, all unrestricted and restricted legal practitioners must complete 10 units of continuing legal education each year, the cost of which can be in excess of $5,000. Any firm that employs a solicitor must bear that cost on behalf of the employee, placing additional pressures on small businesses of two to five solicitors.

Currently, should a legal practitioner train and provide migration advice and services, they are required to do so under a completely separate registration stream that is, essentially, a duplication of the process I have just outlined for regular legal practitioners. With these amendments today we will remove the requirement for that second stream of registration and regulation of legal practitioners by the Migration Agents Registration Authority. In doing so we remove the burdensome and duplicitous chores of additional costs, training and further specialised compulsory legal education. This bill will ensure the removal of these unnecessary and costly requirements by recognising that the dual registration of restricted and unrestricted legal practitioners is an unnecessary administrative burden in circumstances where a strict professional regulatory regime already exists, which is subject to annual and random audit processes. This structure itself is good governance and duplication is unwarranted.

Upon passing of this bill, and pursuant to schedule 1, lawyers who hold unrestricted practicing certificates will immediately be removed from regulation under the Migration Agents Registration Authority and continue to be regulated by the relevant state or territory law society. Those legal practitioners who hold restricted practicing certificates will have a period of two years in which they may be registered as both migration agents and restricted legal practitioners. The clear intent is to provide reasonable opportunity for these practitioners to make any necessary changes to their business affairs and certification.

Once the eligible period has expired these practitioners will also be removed from the OMARA regulations, providing they complete the required programs to be eligible for an unrestricted practicing certificate within the guidelines of their respective state or territory law societies. Because the two existing registration streams are essentially identical, removal of one stream, in accordance with changes under this bill, will not water down any consumer protections. I commend the government for recognising the need for strong regulatory protections for the consumer, particularly those not engaging legal practitioners but instead registered migration agents. Registered migration agents already work to the highest standards and requirements in provision of competent migration advice, and the changes under this bill will not negatively impact upon this.

With the introduction of the Graduate Diploma of Australian Migration Law And Practice in 2018 this sector gained meaningful credibility. Those requirements replaced a five-day course, a course which was not to the standard needed of the profession and not to the standard that consumers deserve. Implementation of this recent qualification has served to ensure only applicants of high standards obtain the registration and also serves to mitigate the risk of neglect or poor advice.

The single most common inquiry my office receives is migration related. It is an extremely emotive issue, often involving families and people whose entire future is on the line. It is vitally important that these people who put their trust in an agent are assured of the quality of the information and advice they receive from that agent. Accordingly, pursuant to schedule 2 of this bill, the period an individual has in which to apply for repeat registration following the completion of the required qualification will be set in the legislation complementing the introduction of the graduate diploma, the qualifications of which never lapse. The existing system does not permit this streamlined process.

I also note this bill seeks to protect the rights of eligible applicants for registration as migration agents by removing provisions to refuse applications where an applicant fails to provide further information. Common sense dictates that not all circumstances are within the control of the applicant to respond to such requests in a timely fashion. Because this bill recognises that, incomplete applications will remain unfinished for an indefinite period, saving the applicant hundreds of dollars and time in reapplying.

Finally, this bill goes further in slashing unnecessary red tape by repealing certain provisions that reflect consolidation of the OMARA into the Department of Home Affairs. I'm pleased to hear that Labor is supporting this bill as they must hate it. Removing red tape and relieving burdens and fees on business is not in their DNA. They're usually doing quite the opposite. So I'm pleased that today at least they have seen fit to support Australian business. I commend this bill to the Senate.