Terms and Conditions
- APPOINTMENT OF AGENT
The Client appoints and authorises the Agent(s) to represent the Client and to perform the services described in this agreement.
- CODE OF CONDUCT (CODE)
- The Migration (Migration Agents Code of Conduct) Regulations 2021 (“Code”) is intended to regulate the conduct of registered migration agents.
- If the Code is inconsistent with this agreement, the Agent and Client agree to vary this agreement to comply with the Code subject to the variation provisions in this agreement.
- CONSUMER GUIDE
The Client agrees that the Agent has provided the Client with a copy of the Consumer Guide.
- SERVICES TO BE PROVIDED
The services to be provided under this agreement include the following:
- Provide advice relating to the Client about their choice of visa category.
- Provide frank and candid advice to the Client regarding the prospects of success of the proposed application. An agent cannot guarantee the success of an application.
- Analyse current Immigration Law relating to the nominated visa category or review application.
- Assist in the completion and/or checking of relevant application forms.
- Provide advice and assistance relating to documentation required to support the application.
- Prepare any necessary supporting submissions to the relevant Assessing Authority, the Department of Home Affairs (“Department”) or review body
- Submit the application to the relevant Assessing Authority, Department, or review body for processing as soon as possible.
- Monitoring the relevant authority’s processing of your application for up to 18 months after the date of lodgement. This includes advising you of any requests and/or communications received from the relevant authority, and notifying you of that authority’s final decision. This service is provided on a complimentary basis only.
- WHO WILL PERFORM THE WORK
All immigration assistance will be provided by the Responsible Agent(s) that are listed in this agreement.
- Other migration agents in the same firm of the Responsible Agent(s) may work on your matter from time to time and will also be deemed to be Responsible Agents.
- Administrative services may be provided by other staff. All Responsible Agent(s) will properly supervise the work carried out by any staff working for the Responsible Agent(s).
- THE AGENT GUARANTEES THAT HE OR SHE:
- Is registered with the Office of the Migration Agents Registration Authority (MARA).
- Maintains the required level of Professional Indemnity Insurance.
- Has no conflict of interest or has otherwise complied with the requirements of section 34 of the Code.
- Will inform the Client in writing if they may receive a financial benefit as a result of providing advice of a non-migration nature to the Client.
- Will act in accordance with the law and in the best interests of the Client, and deal with the Client professionally, competently, diligently, ethically, honestly and with integrity.
- Will ensure that the Client has access to an interpreter if necessary. The Client will be required to pay any fees charged by the interpreter.
- Will advise the Client in writing when any application, submission or representation that the Agent makes for the Client is lodged with a government official and give a copy of the application, submission or representation to the Client. The Agent is entitled to charge a reasonable amount for copies.
- Will promptly advise the Client of any material developments that occur in relation to the application, submission or representation.
- Has sufficient knowledge of the relevant laws to be able to competently provide the agreed services.
- Will comply with section 19 of the Code in relation to futile immigration assistance.
- Will work on the Client’s matter in a timely manner.
- THE CLIENT AGREES THAT:
- The Agent is able to advise the Client about immigration law at a particular point in time but is unable to predict future changes in the law.
- The Client will respond promptly to requests by the Agent for further information or documents.
- The Client will not hold the Agent responsible for delays caused by the Client’s failure to promptly provide information or documents.
- The Agent will be under no obligation to submit the Client’s application to the Department or review body until payment has been made in full of all fees due and payable at that stage.
- The final decision on an application submitted to the Department is beyond the Agent’s control.
The Agent has not guaranteed the success of any application.
- The Agent will not be liable for any loss arising from changes to the law affecting the Client’s application, which occurs after the application has been lodged.
- The Client will not sell property, leave employment or finalise any business or personal affairs without first notifying the Agent.
- All information and instructions provided to the Agent is, to the best of the Client’s knowledge and belief, true and current and that all documents supplied are genuine and authentic. All information and instructions provided to the Agent does not contain any false or misleading statements.
- The Agent is under an obligation to correct any false or misleading statements or documents lodged with a government official in accordance with section 21 of the Code.
- The Client will, during the processing of an application, notify the Agent of any material changes in the circumstances of the client or the client’s immediate family, including the application and/or grant of another visa that the Agent has not been informed of.
- The Agent’s professional fees can be invoiced on behalf of the Agent by the Agent’s business entity, as listed on the MARA Register of Registered Migration Agents.
- If the Agent has advised the Client in writing that in the Agent’s opinion, an application would be futile; the Client will provide written acknowledgement of the receipt of the advice, if notwithstanding the advice, the Client still wants the Agent to lodge the application in accordance with section 19 of the Code (subject to the Agent’s compliance with paragraph 19(2)(a) of the Code).
- The Client will not attempt to access their application in ImmiAccount or attempt to change that application in any manner without the knowledge and express approval of the Agent.
- The Client or any intermediary appointed by the Client in writing must provide all required documents to verify the identity of the Client or the intermediary.
- The Client will provide funds in advance in accordance with this agreement, unless expressly agreed between the parties under a separate contractual commercial arrangement.
- TERMINATION OF AGREEMENT
- The Client may terminate this agreement at any time.
- The Agent may terminate the agreement provided the Agent complies with the requirements of section 57 of the Code.
- Unless there are exceptional circumstances or if the Client terminates the agreement unilaterally, the Agent must provide a written notice to the Client no later than 14 days after the termination in accordance with section 57 of the Code.
- The Agent must terminate the agreement if a conflict of interest arises in accordance with section 34 of the Code unless provided otherwise by this provision.
- If the agreement is terminated, the Agent will notify the Department or review authority that they no longer act for the Client and will advise the Client about appointing another agent.
- If the agreement is terminated, the Client must pay any fees outstanding for work already performed by the Agent. The Client is not required to pay any fees for work not yet performed by the Agent.
- When the agreement is terminated, the Agent must deal with the Client’s file in accordance with section 54 of the Code, namely, that all documents to which the Client is entitled will be returned to the Client or the new agent.
- RETENTION OF DOCUMENTS
- The Agent agrees to keep securely and in a way which will ensure confidentiality, all documents provided by, or on behalf of, the Client or paid for by, or on behalf of, the Client until the earlier of:
- 7 years after the date of the last action on the file for the Client; or
- when the documents are given to the Client or dealt with in accordance with the Client’s written instructions.
- The Agent agrees to keep all other records required by sections 55 & 56 of the Code for 7 years after the date of the last action on the file for the Client.
- After this date the Agent is authorised by the Client to destroy the documents and records above in a way which will ensure confidentiality.
- The Agent will reimburse the Client for disbursements that have been refunded by the Department or review body.
- The Agent will reimburse the Client any monies held on account that have not been used by the agent against estimated professional fees or estimated disbursements.
- The Agent will refund their fees paid by the Client in the event that an application is invalid, unless the invalidity is caused by the Client’s incorrect instructions, misleading statements, negligence or otherwise.
- The Agent will preserve the confidentiality of the Client. The Agent will not disclose or allow to be disclosed confidential information about the Client or the Client’s business without the Client’s written consent, unless required by law.
- If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act 1998 (Cth) and the relevant health records legislation in the applicable State.
- DISPUTE RESOLUTION
- If a dispute arises out of or relating to the agreement, or the breach, termination, validity, or subject matter thereof, or as to any related claim in restitution at law, in equity or pursuant to any statute: the parties agree to discuss the dispute with the aim of reaching a concord that is acceptable to both sides. This will be documented in writing, dated and signed by both parties.
- If one party requests an opportunity to discuss the dispute, the parties should attempt to reach a concord within 21 days of that request (or a longer period if agreed between the parties).
- If the parties cannot reach a concord within 21 days, the parties agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by the ACDC and accepted by the parties. The results of any such mediation will be binding only upon agreement of each party. It is expected that any fees payable to the ACDC or to the person appointed by the ACDC will be paid by the parties equally.
- If the parties have been unable to resolve their dispute through the ACDC, either party may commence Court proceedings, but not before the expiry of 28 days from the date of referral to the ACDC. Court proceedings are strictly limited to the State or Territory of our principal office.
- You may seek to vary the procedure set out in this clause if you can establish that the «ImmigrationDepartmentShortName» requires you to immediately depart Australia.
- VARIATION OF AGREEMENT
- This agreement cannot be varied unless:
- each Client covered by the agreement is given the proposed variation and the reason for the proposed variation and
- each Client covered by the agreement agrees in writing to the variation.
- If the variation relates to an adjustment of the hourly rate or the fixed fee as specified in the agreement there must be exceptional circumstances that has arisen after the agreement is signed and those circumstances make it impracticable to perform some or all of the services specified in the agreement. Each Client must be provided in writing an updated reasonable estimate of the time that will be spent in performing the services and each Client covered by the agreement must agree in writing to the new estimate and to the continued provision of services.
- The requirements for the variation of the agreement must be made in accordance with section 46 of the Code.
- PROVISIONS PROHIBITED BY LAW
If any provision of this agreement, or any obligation, right, power or remedy created by a provision:
- is prohibited by a law;
- does not comply with a law; or
- is made unenforceable by a law,
the provision is to be interpreted so that to the extent the law permits, the provision and any obligation, right, power or remedy created by it, is not prohibited, complies with the law and is enforceable.
- GOVERNING LAW
The law as applied in VICTORIA Australia governs this agreement.
Code of Conduct 1 March 2022
Consumer Guide – English
Consumer Guide – All other languages