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Under new measures in the Migration Amendment Bill 2019, more lawyers can provide immigration assistance at an inexpensive cost to consumers.
The Law Council of Australia is supporting the measures that would remove expensive and inefficient regulation and remove the dual regulation of migration lawyers. The bill permits lawyers to offer services independently of regulatory framework for agents.
“Lawyers must already demonstrate qualifications, fitness to practice, maintenance of professional standards in order to maintain a practicing certification,” Mr Moses said.
“Lawyers must also be covered by professional indemnity insurance and a fidelity fund, which protects clients. This bill advances the objective of a single, comprehensive and uniform regulatory framework for the legal profession throughout Australia and allows review and reform of the regulation of migration agents to be undertaken separately.”
Mr Moses said dual recognition had “diminished consumer protection” by allowing the regulatory functions and oversight to “fall between the cracks” of regulators.
The Law Council is supporting the implementation of a transitional period, during which migration agents holding a restricted practicing certificate may complete supervised training and obtain an unrestricted practicing certificate.
“Dual regulation is a source of confusion for consumers, who may be uncertain about the differences between immigration lawyers and migration agents,” Mr Moses said.
“Discontinuation of the recognition of migration lawyers will reduce costs to consumers and improve access to justice by allowing a range of lawyers to provide immigration assistance, including on a pro bono basis.”
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
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