Dear Colleagues,

I refer to the following email received by a member of Migration Alliance from the Office of the MARA setting up an appointment to:

“As discussed, the Office of the MARA will be undertaking a range of outreach and monitoring activities in Melbourne next week. As part of this, we will be visiting a number of randomly selected agents to review and discuss their current practice, any issues or challenges that they are facing, and how we as a regulator may be able to provide help and support.”

I have some reservations about these ‘random’ visits which take 2 hours to “review and discuss their current practice”.

I note the generous offer to provide ‘help and support’.

OMARA has a history of using these outreach and monitoring activities to conduct a ‘soft audit” of the RMA’s practice.

Given that we are talking about the Regulator and the pronouncements of the CEO with respect to the role of the OMARA as a regulator rather than some outreach service I think the key words here are the combination of words “outreach and monitoring’.

I am very sceptical as to what that means particularly if the component described as “monitoring” is  not on a ‘without prejudice” basis.

In other words, RMA’s need to be very protective of their legal rights and the lack of power of the regulator absent the specific invocation of a statutory power to enter upon their business premises and to start looking through client files and other records maintained by the RMA.

There is in my view, no power to conduct “outreach and monitoring” visits at your office which will take 2 hours.

If you agree to such a visit then you permit the entry upon the premises of officers of a statutory authority who may wish to review confidential client records and other materials which may traverse your client’s privilege to privacy, confidentiality etc.

The OMARA is not independent of DIAC and if I had received such an invitation I would say that I am unavailable as  am washing my hair!

I think if this is what the OMARA wants to do then they should discuss it with MA and sort out exactly what they are up to. 
 
Check out the email:

From:

“Aileen ZHENG” <aileen.zheng@mara.gov.au>

To: Deleted

Cc:

“Louise LAZZARINO” <louise.lazzarino@mara.gov.au>

Sent:

Thu, 8 Aug 2013 07:16:38 +0000

Subject:

Meeting with the Office of the MARA [DLM=For-Official-Use-Only]
For-Official-Use-Only

Dear Mr Deleted

Thank you for your time on the telephone today.

As discussed, the Office of the MARA will be undertaking a range of outreach and monitoring activities in Melbourne next week. As part of this, we will be visiting a number of randomly selected agents to review and discuss their current practice, any issues or challenges that they are facing, and how we as a regulator may be able to provide help and support.

As discussed, I propose to visit your office at  DELETED. I will be visiting with Louise Lazzarino, Assistant Director, Registration and Client Services, and as you have suggested, would like to meet with both you and your colleague Mr DELETED. The meeting would take no more than 2 hours.

I thank you for agreeing on the phone to meet with us, and understand that you may need to further discuss your availability on the day with your employer. We are happy to communicate directly with your employer if there are any questions.

I look forward to your further reply and to meeting you on     DELETED August 2013.

Kind regards

Aileen Zheng
Monitoring and Complex Case Officer
Registration and Client Services
Office of the Migration Agents Registration Authority
Telephone: 02 9078 3504
Email: aileen.zheng@mara.gov.au

No cooperation without consultation.  It’s simple.  The Office of the MARA have not consulted with stakeholders and are off on a jaunt of their own.  If you have received an invitation and you don’t want to do it let me know and I will help you refuse the Office of the MARA nicely.  Anyone who wants a template letter to get them out of having to go through a ‘random audit’ with the OMARA please contact me.  christopher@levingston.com.au