15th Jun 2020, 12:44 PM – Senate Migration Amendment (Regulation of Migration Agents) Bill 2019 and another - in Committee - Independent review

The majority voted against amendments introduced by Tasmanian Senator Nick McKim (Greens), which means they were unsuccessful.

The amendments would have introduced an independent review process. Senator McKim explained his amendment in the following way:

I'll make the point that the Productivity Commission in an annual review of regulatory burdens on business and consumer services recommended that dual regulation should cease, and I acknowledge that's effectively what this bill does. However, the Productivity Commission went on further to recommend:

An independent review of the performance of these immigration lawyers and the legal professional complaints handling and disciplinary procedures, with respect to their activities, should be conducted three years after an exemption becomes effective.

What this amendment does is seek to give effect to that Productivity Commission recommendation.

Amendment text

(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".

(2) Page 3 (after line 11), after clause 3, insert:

4 Independent review of operation of Schedule 1

(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by Schedule 1 to this Act.

(2) Without limiting the matters to be covered by the review, the review must consider the performance of:

(a) immigration lawyers; and

(b) legal profession complaints handling systems and disciplinary procedures with respect to the activities of immigration lawyers.

(3) The review must:

(a) start as soon as practicable after the end of 3 years after Schedule 1 commences; and

(b) be completed within 6 months.

(4) The persons who conduct the review must give the Minister a written report of the review.

(5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(6) In this section:

immigration lawyer means an Australian legal practitioner who provides immigration assistance, as defined in section 276 of the Migration Act 1958.