Code of Conduct - Starc Migration

At Starc Migration Pty Ltd, integrity, transparency, and client care are at the heart of everything we do.

Our Code of Conduct outlines the ethical and professional standards we uphold while delivering trusted immigration assistance.

33. General duties

A migration agent at Starc Migration Pty Ltd, giving immigration assistance to a client or in performing other work or services for a client under a service agreement:

(a) subject to this instrument and any other law of the Commonwealth, a State or a Territory, act:

(i) in the legitimate interests of the client; and
(ii) in accordance with the client’s instructions; and
(iii) in accordance with the relevant service agreement (if any—see section 43); and

(b) have regard to the client’s dependence on the agent’s knowledge and experience; and

(d) be aware of the times by which, under law, any relevant application must be made, any relevant

response must be given or any other relevant thing must be done; and

(e) have regard to the consequences of an application not being made or a response not being

given, or any other thing not being done by the relevant time.

34. Duty to inform clients of conflicts of interest

(1) Subject to subsection (4), if a migration agent has an interest, pecuniary or otherwise, that conflicts, or could conflict, with the proper performance of the agent’s duties in relation to a client, the agent must not give immigration assistance to the client unless:

(a) the agent gives written notice of the interest to the client in accordance with subsection (2); and

(b) the client gives to the agent a written statement that the client:

(i) has been given notice of the conflict; and
(ii) still wishes the agent to give immigration assistance to the client.

Note: The proper performance of the agent’s duties in relation to the client includes complying with the agent’s duty to act in the legitimate interests of the client and in accordance with the client’s instructions: see section 33.

(2) A notice under paragraph (1)(a) must include the following:

(a) details of:

(i) the nature of the interest; and
(ii) how the interest conflicts, or could conflict, with the proper performance of the agent’s duties in relation to the client;

(b) if relevant:

(i) the name of the person or body providing the interest; and
(ii) the reason the interest is being, or has been, provided;

(3) A notice under paragraph (1)(a), and a statement under paragraph (1)(b), may be included in a service agreement that covers the immigration assistance.

Actual conflicts

(4) A migration agent must not give immigration assistance to a client (even with the client’s consent) if:

(a) the agent has an actual conflict of interest, pecuniary or otherwise, with the client’s interests; and

(b) as a result of the conflict of interest:

(i) the agent’s objectivity, or the relationship of confidence and trust between the agent and the client, could be compromised; or
(ii) the agent is reasonably likely to breach the confidentiality of the client.

Interests of family members

(5) To avoid doubt, for the purposes of this instrument, a conflict of interest may arise in relation to a migration agent or a client because of an interest of a relative of the migration agent or client.

35. Duty of confidentiality

Except as required by a law of the Commonwealth, a State or a Territory, a migration agent must not disclose, or allow to be disclosed, to a third person any personal information relating to:

(a) a client or former client; or

(b) a client’s or former client’s affairs; without the client’s written consent.

Subdivision B - Preliminary requirements for giving immigration assistance

36. Duty to know clients etc.

(1) A migration agent must not give immigration assistance to a client unless the agent:

(a) has taken all reasonable steps to verify the identity of the client; and

(b) is reasonably satisfied of the identity of the client.

(2) Subsection (1) does not apply to giving immigration assistance mentioned in paragraph 276(1)(b), (2)(b) or (2A)(b) of the Act (advice) during an initial consultation.

(3) A migration agent must not deal with a client through an agent or other intermediary representing the client unless the migration agent:

(a) has taken all reasonable steps to verify the identity of the agent or other intermediary; and

(b) is reasonably satisfied:

(i) of the identity of the agent or other intermediary; and
(ii) that the client has agreed in writing to the agent or other intermediary dealing with the migration agent on the client’s behalf.

Duties relating to third persons who have endorsed, nominated or sponsored client

(4) Subsections (5) and (6) apply to a migration agent giving immigration assistance to a client on the basis that a third person has endorsed, nominated or sponsored the client under or for the purposes of the migration law or intends to do so.

(5) The migration agent must not give the immigration assistance unless the agent:

(a) has taken all reasonable steps to verify the identity of the third person; and

(b) is reasonably satisfied:

(i) of the identity of the third person; and
(ii) that the third person has actually endorsed, nominated or sponsored the client or intends to do so.

(1) Furthermore, if the migration agent deals with the third person through an agent or other intermediary who represents the third person, the migration agent must not give the immigration assistance unless the agent:

(a) has taken all reasonable steps to verify the identity of the agent or other intermediary; and

(b) is reasonably satisfied:

(i) of the identity of the agent or other intermediary; and
(ii) that the third person has agreed in writing to the agent or other intermediary dealing with the migration agent on the third person’s behalf.

37. Duty to arrange access to interpreters

(1) A migration agent must arrange for an appropriately qualified interpreter to assist a client in the client’s dealings with the agent if the client requests such assistance.

(2) To avoid doubt, subsection (1) does not prevent the client from being required to pay for the assistance.

38. Duty to give consumer guide to clients

A migration agent must not give immigration assistance to a client unless a copy of the consumer guide has been given to the client.

Note: The Authority arranges for the production of the consumer guide: see regulation 9A of the Migration Agents Regulations 1998.

Subdivision C - Other duties

39. Duty to keep clients informed about progress of immigration matters

A migration agent must:

(a) advise a client in writing when any application, submission or representation that the agent makes for the client is lodged with a government official; and

(b) give a copy of the application, submission or representation to the client; and

(c) promptly advise the client of any material developments that occur in relation to the application, submission or representation.

40. Duty not to act in a way that causes unnecessary expense or delay

A migration agent must not, when dealing with an application, submission or representation for a client (including when lodging the application, submission, or representation with the Department or a review authority), act in a way that causes, or is reasonably likely to cause, unnecessary expense or delay.

41. Duty not to give false or misleading documents to clients

(1) A migration agent must not give to a client a document that the agent knows is false or misleading, unless the agent discloses to the client that the document is false or misleading.

(2) A migration agent must not give to a client a document that the agent suspects, or reasonably ought to suspect (but does not know), is false or misleading, unless the agent:

(a) discloses to the client that the agent suspects that the document is false or misleading;
or
(b) has taken all reasonable steps to determine whether the document is false or misleading.

Note: See also section 15 (duty not to make false or misleading statements).

Division 2 - Service agreements

42. Service Agreements

(1) Subject to section 43, a migration agent must not give immigration assistance to a client unless:

(a) a service agreement is in force that:

(i) covers the immigration assistance;
(ii) authorises the agent to act on the client’s behalf; and
(iii) complies with the requirements of this Division; and

(b) if the service agreement has been varied—that variation met the requirements of section 44.

(2) The service agreement must be:

(a) in writing;
(b) signed by the client; and
(c) signed by the migration agent or by another migration agent in the agent’s business.

(3) The service agreement must include the following:

(a) The following details of each client to whom immigration assistance is to be given under the agreement:

(i) name;
(ii) date of birth;
(iii) email address (if any);
(iv) residential address.

(b) The name, MARN and contact details of:

(i) the migration agent who signs the agreement, as mentioned in paragraph (2)(c); and
(ii) each migration agent who, at the time the agreement is signed, is expected to give immigration assistance under the agreement.

(d) A statement that a copy of the consumer guide has been given to the client (see section 38).

(e) An explanation of what will happen to the client’s file:

(i) if the service agreement is terminated by any party to the agreement; or
(ii) on completion of the work or services covered by the agreement.

(f) The matters required by Division 3 (about fees and disbursements).

(4) A service agreement may be expressed to cover more than one client.

(5) The authority mentioned in subparagraph (1)(a)(ii) may be expressed to cover:

(a) a particular migration agent;
(b) a class of migration agents in the agent’s business; or
(c) all migration agents in the agent’s business.

43. Service Agreements Not Required for Initial Consultations

(1) Despite section 42, a migration agent may give immigration assistance of a kind mentioned in paragraph 276(1)(b), (2)(b), or (2A)(b) of the Act (advice) at an initial consultation with a client or potential client without a service agreement being in force.

(2) A migration agent must ensure that any fee charged for an initial consultation not covered by a service agreement is reasonable.

(3) If a migration agent conducts an initial consultation without a service agreement:

(a) The migration agent must notify the client or potential client of the agent’s MARN;

(b)Section 49 (invoices and receipts) applies to:

(i) immigration assistance given during that initial consultation; or
(ii) other work or services performed during that initial consultation;
as if the assistance or services were given under a service agreement.

(c) If the migration agent or a member of the agent’s business receives any amounts (including fees or disbursements) for:

(i) immigration assistance given during the initial consultation; or
(ii) other work or services performed during the initial consultation, then:
(iii) this instrument (except section 51) applies to those amounts in the same way it applies to client money under a service agreement;
(iv) the migration agent must ensure sufficient funds are available to cover any refunds of those amounts that become payable;
(v) the migration agent must ensure such refunds are paid promptly, and in any case, no later than 14 days after they become payable.

(4) To avoid doubt:

(a) Only the first consultation between a migration agent and a client (or potential client) in relation to a particular immigration matter is considered an initial consultation;

(b) If a consultation consists of multiple sessions over more than one day, only the first day’s session is considered part of the initial consultation.

44. Written Notice of Variations to Service Agreements

For the purposes of paragraph 42(1)(b):

(a) Before a service agreement is varied, each client covered by the agreement must be given written notice of:

(i) the proposed variation;
(ii) the reasons for the proposed variation;
(iii) the matters required by subsection 46(5), if relevant.

(b) A variation of a service agreement must not take effect unless:

(i) Each client covered by the agreement agrees in writing to the variation; or
(ii) If the agreement provides that the agreement of each client is not required for the variation—

- at least one client covered by the agreement agrees in writing, and
- any other conditions specified in the agreement are satisfied.

45. Duty to Ensure Work or Services Specified in Service Agreements Are Completed

(1) A responsible migration agent in relation to a service agreement must take all reasonable steps to ensure that the work or services specified in the agreement are completed.

(2) This section ceases to apply if the agreement is terminated.

Division 3 – Fees and Disbursements

46. Fees

(1) A responsible migration agent in relation to a service agreement must not charge fees, and must ensure that fees are not charged, for work or services performed under the agreement other than as provided for by the agreement in accordance with this section and section 48.

(2) If fees are to be charged for work or services performed under the service agreement, the agreement must include:

(a) Details of the fees, specified as either:

(i) an hourly rate; or
(ii) a fixed total amount (a fixed fee);
including any relevant amount of GST or other tax.

(b) If the agreement specifies fees as an hourly rate—a reasonable estimate of the time that will be spent performing the work or services.

(3) An hourly rate or fixed fee specified as mentioned in paragraph (2)(a) must be fair and reasonable.

(4) If the service agreement specifies an hourly rate and an estimate of time, the agreement must provide that the clients covered by the agreement will not be charged for time spent in excess of that estimate (or the latest updated estimate given under this subsection, if any) unless:

(a) Exceptional circumstances arise after the agreement is signed; and
(b) Those circumstances make it impracticable to perform some or all of the work or services at the hourly rate within the estimated time; and
(c) Each client covered by the agreement is given, in writing, an updated reasonable

estimate of the time that will be spent; and
(d) Either:

(i) Each client agrees in writing for work or services to continue; or
(ii) If the agreement provides that the agreement of each client is not required—at least one client agrees in writing, and any other conditions in the agreement are satisfied.

(5) The agreement must provide that an hourly rate or fixed fee must not be varied unless:

47. Disbursements

(1) A responsible migration agent in relation to a service agreement:

(a) Must not unreasonably incur disbursements in relation to work or services performed under the agreement; and
(b) Must not require a client to pay, and must ensure that a client is not required to pay, for a disbursement that will be incurred, other than in accordance with:

(i) Subsections (3) and (6); and
(ii) Provisions included in the agreement in accordance with section 48.

Clients Must Agree to Disbursements

(2) The service agreement must include details of the likely disbursements to be incurred, including for each disbursement:

(a) Either:

(i) The amount of the disbursement; or
(ii) A reasonable estimate of the amount, including any GST or other tax; and

(b) Whether the disbursement is to be paid:

(i) Directly by the client; or
(ii) On the client’s behalf.

(3) For the purposes of subparagraph (1)(b)(i), a client must not be charged for a disbursement unless:

(a) All of the following are met:

(i) Details of the disbursement are included in the agreement per subsection (2);
(ii) Those provisions are complied with;
(iii) Subsection (4) is complied with (if applicable); or

(b) All of the following are met:

(i) When the agreement was signed, the disbursement was not reasonably likely;
(ii) Each client is given written details of the disbursement, including amount or estimate;
(iii) Subsection (5) is complied with.

(4) For the purposes of paragraph (3)(a)(iii):

If the agreement specifies or estimates an amount for a disbursement, the client must not be charged more unless:

(a) Each client is given written notice of:

(i) The actual amount of the disbursement;
(ii) The reason it exceeds the specified or estimated amount; and

(b) Either:

(i) Each client agrees in writing to the increased cost; or
(ii) If the agreement provides that each client’s agreement is not required—at least one client agrees in writing, and other specified conditions are satisfied.

(5) For the purposes of subparagraph (3)(b)(iii):

This subsection is complied with if:

(a) Each client agrees in writing to the disbursement; or
(b) Both:

(i) The agreement provides that each client’s agreement is not required; and
(ii) At least one client agrees in writing and other conditions in the agreement are satisfied.

(6) For the purposes of subparagraph (1)(b)(i):

Despite anything in the agreement, a client must not be charged for a disbursement more than:

(a) If the amount is known when charged — the actual amount; or
(b) Otherwise — a reasonable estimate of the amount.

(7) Refund of Excess Charged:

If:

(a) A client is charged for a disbursement in relation to work or services; and
(b) The responsible migration agent becomes aware the amount charged was more than the actual amount (including due to refunds);

Then, the responsible migration agent must ensure the excess is refunded to the client in accordance with section 52.

48. Payment of Fees and Disbursements

A service agreement must include:

(a) The terms and conditions for the payment of fees and disbursements related to work or services performed under the agreement; and

(b) The interest, if any, to be charged on unpaid fees and disbursements.

49. Invoices and Receipts

A responsible migration agent in relation to a service agreement:

(a) Must not charge a client, and must ensure the client is not charged:

(i) A fee for work or services performed under the agreement; or
(ii) An amount for a disbursement related to such work or services;
unless the client is given an itemised invoice containing details of the work or services to which the fee or disbursement relates.

(b) Must ensure that, after the client makes a payment, the client is given a receipt that identifies:

(i) The work or services to which the payment relates; and
(ii) The invoice, if any, to which the payment relates.

Note: Under section 313 of the Act, a registered migration agent is not entitled to be paid a fee or reward for giving immigration assistance unless the agent gives the assisted person a statement of services that outlines:

Each service performed, and
The charge made for each service.

50. Duty in Relation to Client’s Money

(1) A responsible migration agent in relation to a service agreement must ensure that the following requirements are complied with for client money received by the agent or a member of the agent’s business:

(a) Client money must be paid into an account with a financial institution.

(b) Amounts other than client money must not be paid into that account.

(d) An amount must not be paid out of the account except:

(i) To pay the agent or the agent’s business,
(but not if, under section 313 of the Act, the agent is not entitled to be paid the amount);
(ii) To pay amounts required to be paid to the Department or a review authority;
(iii) To pay disbursements in accordance with the service agreement;
(iv) To refund client money to a client;
(v) To refund client money by transferring amounts to other registered migration agents or their businesses, at the instruction of the client.

Note: Under section 313 of the Act, a registered migration agent is not entitled to be paid a fee or reward for giving immigration assistance unless the agent provides the assisted person with a statement of services, detailing:

Each service performed; and
The charge made in respect of each service.

(e) Without limiting paragraph (d), an amount must not be paid out of the account to cover fees or costs associated with opening or maintaining the account.

(f) The total amount paid out of the account for a particular purpose must not exceed the total amount paid in for that purpose.

(2) A migration agent must, if requested by the Authority, be able to demonstrate compliance with this section.

51. Duty Not to Receive Amounts from Clients Before Entering into Service Agreements

(1) A migration agent must not receive amounts (including fees or disbursements) from a client if:

(a) The amounts relate to the agent, or another registered migration agent in the agent’s business, giving immigration assistance to the client; and
(b) A service agreement that covers the immigration assistance is not in force.

(2) A migration agent must take all reasonable steps to ensure that a member of the agent’s business (other than another registered migration agent) does not receive amounts (including fees or disbursements) from a client if:

(3) This section does not apply to a fee charged for an initial consultation conducted without a service agreement, in accordance with section 43.

Note: See also paragraph 43(3)(c).

Refunds

(1) A service agreement must include a refund policy in relation to fees and disbursements.

(2) The refund policy must be fair and reasonable.

(3) A responsible migration agent in relation to a service agreement must ensure that:

(a) sufficient funds are available to cover any refunds that become payable under the agreement; and

(b) any refunds payable under the agreement are paid:

(i) in accordance with the agreement; and
(ii) promptly and, in any case, no later than 14 days after they become payable.

52. Refunds

(1) A service agreement must include a refund policy covering fees and disbursements.

(2) The refund policy must be fair and reasonable.

(3) A responsible migration agent in relation to a service agreement must ensure that:

(a) Sufficient funds are available to cover any refunds that become payable under the agreement; and

(b) Any refunds payable under the agreement are paid:

(i) In accordance with the agreement; and
(ii) Promptly, and in any case, no later than 14 days after they become payable.

Division 4 - Client documents

53. Duty to Keep Documents Securely

A migration agent must ensure that any documents belonging to, or relating to, a client or former client that are in the possession of the agent, or a member of the agent’s business, are kept securely.

54. Duty to Return Client Documents

(1) A migration agent must, if requested in writing by:

(a) A client; or
(b) A former client, or a new registered migration agent representing a former client,

return to the client or new agent all documents to which the client is entitled within 14 days of receiving the request.

(2) A migration agent is not entitled to claim a lien on documents to which a client or former client is entitled unless the agent is a restricted legal practitioner who is eligible.

Note: A person cannot be registered as a migration agent if they are an unrestricted legal practitioner or a restricted legal practitioner who is not eligible (see section 302A of the Act).

(3) For the purposes of this section, and without limiting it, a client or former client is taken to be entitled to documents that are:

(a) Given to the agent, or a member of the agent’s business, by or on behalf of the client;

or
(b) Paid for by or on behalf of the client.

Note: Documents commonly given to migration agents include passports, birth certificates, qualifications, photographs, and business financial statements.

Division 5 - Record keeping

55. Duty to Make Records of Oral Communications with Clients

A migration agent must make a contemporaneous written record of oral communications between the agent and a client in relation to immigration assistance, including:

(a) Oral instructions the client gives the agent; and
(b) Oral advice the agent gives the client.

56. Duty to Maintain Client Files

Duty to Create and Maintain Client Files

(1) A migration agent for a client must ensure that a client file is created and maintained.

(2) The client file must include:

(a) A copy of the client’s application or other immigration matter;
(b) Copies of all service agreements and any variations;
(c) Copies of all written communications (including emails) between:

(i) The agent and the client; and
(ii) The agent and any other person or organisation, to the extent they relate to the client;

(d) All records made under section 55 relating to the client;(e) Records of material oral communications between the agent and any person or organisation other than the client, where they relate to the client;
(f) Copies of all invoices and receipts given by the agent;
(g) Copies of all personal documents relating to the client that were given to the agent by or on behalf of the client;
(h) Evidence of the safe return of any original documents belonging to the client.

(3) A migration agent may create and maintain a single file for two or more clients who are members of the same family unit, unless a client requests a separate file.

(4) A client file may be kept in written, electronic, or partly both formats.

Duty to Keep Client Files for 7 Years

(5) A migration agent must take all reasonable steps to ensure that the client file is kept for 7 years after the last action on the file.

(6) This does not prohibit transferring the client file to another registered migration agent.

(7) If a client file is transferred:

(a) The receiving agent must also ensure it is kept for 7 years after the last action;
(b) The receiving agent must not disclose any personal information in the file related to:

(i) The client; or
(ii) The client’s affairs; without the client’s written consent, unless required or authorised by law.

(8) These duties are in addition to the original agent’s obligations under:

Section 35 (Confidentiality), and
Subsection (5) above.

Duty to Give Authority Access to Client Files on Request

(9) A migration agent must give the Authority access to any client file in their possession (or their business’s possession) if requested in writing for the purposes of the Authority carrying out its functions under paragraphs 316(1)(a) to (d) of the Act.

Division 6 - Ending agent-client relationship

57. Termination Notices

Notices to Clients

(1) A responsible migration agent in relation to a service agreement must ensure that each client covered by the agreement is given written notice in accordance with subsection (3) before any termination of the agreement takes effect.

(2) Subsection (1) does not apply if:

(a) Due to exceptional circumstances, it is reasonable for the agreement to be terminated without prior notice; or
(b) The agreement is unilaterally terminated by the client.

In these cases, the responsible migration agent must still ensure that each client is given written notice in accordance with subsection (3), no later than 14 days after the termination takes effect.

(3) The notice must include:

(a) The date from which the agreement is terminated;
(b) The matters required by subsection (4) (if applicable);
(c) The matters required by subsection (5) (if applicable);
(d) A statement setting out the effect of section 54.

Note: Section 54 requires a migration agent to return documents to which a client is entitled if requested by the client or a new registered migration agent representing the client.

(4) If an immigration matter is pending, the notice must include:

(a) The status of the client’s immigration matter;
(b) If the matter is to be allocated to another registered migration agent:

(i) The name and contact details of that agent;
(ii) A statement that the client may choose not to have the matter allocated and may cease receiving services at any time before the agreement is terminated.

Details of how the client may obtain further immigration assistance.

(5) If the agent or a member of the agent’s business holds client money related to the agreement, the notice must include:

(a) A statement listing:

(i) Each amount of client money received;
(ii) Each amount paid as mentioned in paragraph 50(1)(d);
(iii) The remaining amount.

(b) A statement that, in the absence of instructions from the client, the remaining amount will be refunded.

Notices to Department and Review Authorities

(6) The responsible migration agent must ensure that the Department or a review authority is given written noticeno later than 14 days after the termination takes effect

if:

An immigration matter is pending before the Department or authority, and
Immigration assistance was provided under the agreement in relation to that matter.

58. Duty to Forward Correspondence Relating to Former Clients

(1) If:

(a) A migration agent ceases to be a migration agent for a client; and
(b) The agent later receives correspondence from a government official that:

(i) Is addressed to the client; or
(ii) It is reasonable to assume was addressed to the agent because it was believed the agent was still the client’s migration agent at the time it was sent;

Then, the agent must take all reasonable steps to forward the correspondence to the former client or to their current migration agent.

2) Subsection (1) does not apply to correspondence received more than 28 days after the agent provides written notice to:

(a) The Department; or
(b) A review authority (if an immigration matter is pending);

That the agent has ceased to act for the client.

(3) For the purposes of subsection (2), if:

(a) The client gave notice to the Minister under subsection 494D(1) of the Act that the agent was authorised to receive documents on their behalf; and
(b) The client varies or withdraws that notice so the agent is no longer the authorised recipient;

Then the agent is taken to have given written notice as required at the later of: