Rules governing fees for an RMA

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Rules governing fees for an RMA

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Old 06-30-2019, 06:59 PM
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Rules governing fees for an RMA

This is from the 22 page DHA (DIBP) Code of Conduct for RMA's dated 18 April 2017

Part 5 – Fees and charges
5.1 There is no statutory scale of fees. However, a registered migration agent must set and charge a fee that is reasonable in the circumstances of the case.

5.2 A registered migration agent must:
(a) before starting work for a client, give the client:

(i) an estimate of charges in the form of fees for each hour or each service to be performed, and disbursements that the agent is likely to incur as part of the services to be performed; and

(ii) an estimate of the time likely to be taken in performing the services; and

(b) as soon as possible after receiving instructions, obtain written acceptance by the client, if possible, of:

(i) the estimate of fees; and

(ii) the estimate of the time likely to be taken in performing the services; and

(c) give the client written confirmation (an Agreement for Services and Fees ) of:

(i) the services to be performed; and

(ii) the fees for the services; and

(iii) the disbursements that the agent is likely to incur as part of the services; and

(d) give the client written notice of any material change to the estimated cost of providing a service, and the total likely cost because of the change, as soon as the agent becomes aware of the likelihood of a change occurring.

5.3 A registered migration agent:
(a) must not carry out work in a manner that unnecessarily increases the cost to the client; and

(b) must, if outside expertise is to be engaged and the client agrees, fully inform the client of the likely extra cost; and

(c) must, especially if a solicitor or barrister, warn clients of possible delays and likely cost involved in pursuing a particular course of action before tribunals and in the courts, for example:

(i) any need to engage and pay expert witnesses;

(ii) the need to meet legal costs if a case were lost;

(iii) the need to pay Departmental fees and charges;

(iv) the need to pay translation and interpreter fees and charges.

5.4 A registered migration agent must give clients written advice of the method of payment of fees and charges, including Departmental fees and charges.

5.5 A registered migration agent must be aware of the effect of section 313 of the Act, and act on the basis that:

(a) the agent is not entitled to be paid a fee or other reward for giving immigration assistance to a client unless the agent gives the client a statement of services that is consistent with the services, fees and disbursements in the Agreement for Services and Fees mentioned in clause 5.2; and

Note: The statement of services may be an itemised invoice or account. See clause 7.2 and 7.4.

(b) a statement of services must set out:

(i) particulars of each service performed; and

(ii) the charge made in respect of each such service; and

(c) a client is entitled by the Act to recover the amount of a payment as a debt due to him or her if he or she:

(i) made the payment to the agent for giving immigration assistance; and

(ii) did not receive a statement of services before making the payment; and

(iii) does not receive a statement of services within 28 days after a final decision is made about the visa application, cancellation review application, nomination or sponsorship to which the immigration assistance related.

Last edited by Aztec; 06-30-2019 at 08:26 PM.

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Old 07-01-2019, 10:54 PM
Join Date: Jul 2011
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I've added a link to the OMARA website to the Migration Agent sticky thread at the top of the page so members can find all the relevant information if they are interested.

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