Progress of Immigration Advisers Licensing Bill

Tuesday, 12 September 2006

The Transport & Industrial Relations Select Committee reported back on the Immigration Advisers Licensing Bill on 5 September 2006.

 

On 15 December 2005, the Immigration Advisers Licensing Bill was referred to the Transport and Industrial Relations Select Committee. Submissions to the Bill were taken until 24 February 2006.

The committee's report (including the bill with recommended amendments) is available on the Parliament website.

 

The committee's main changes include:

• reducing the commencement timeframes (so that offshore advisers are licensed more quickly)
• moving exemptions previously indicated as Order in Council exemptions into the primary legislation (ie. MPs, their staff, foreign diplomats, consular staff, public servants (who provide immigration advice within the scope of their employment) and lawyers)
• adding two new exemptions (employees and volunteers of Citizens Advice Bureaux and Community Law Centres)
• expanding the legislative requirements on process for making any new exemptions by way of Order in Council
• providing for regular review of exemptions
• restricting former Ministers of Immigration and immigration staff from becoming licensed immigration advisers for a period of 12 months
• establishing a new Immigration Advisers Complaints and Disciplinary Tribunal in the Ministry of Justice to deal with complaints and discipline (with the Registrar and Authority remaining in the Department of Labour to administer licensing, and the remaining functions of the authority), and amending the appeal provisions accordingly
• amending the complaints, disciplinary and inspection provisions accordingly, and
• amending the knowledge offences under the Bill so that the knowledge element is expressed consistently.

 

It is anticipated the Bill will have its second reading shortly.