MARA Code of Conduct: What Your Migration Agent Must Follow

MARA stands for the Migration Agents Registration Authority. It's now administered by the Office of the MARA (OMARA), which sits within the Department of Home Affairs. Their job is to regulate migration agents — making sure they're qualified, ethical, and competent.

The Code of Conduct (formally the *Migration Agents Regulations 1998, Schedule 2*) sets out the rules every registered agent must follow. Think of it as the rulebook for the profession. Breach it, and agents face sanctions ranging from a caution to having their registration cancelled.

You can verify whether any agent is currently registered and in good standing using our MARA check tool.

### Professional Conduct

Agents must: - Act in your best interests at all times - Provide competent and diligent service - Act honestly and with integrity - Not engage in conduct that would bring the profession into disrepute - Keep their knowledge of migration law up to date through continuing professional development

### Written Agreement (Client-Agent Agreement)

Before doing any work on your case, agents must provide you with a written agreement that includes: - The services they'll provide - Their fees and how they're calculated - Your rights if you want to terminate the agreement - Their complaints handling process - Their MARN (Migration Agent Registration Number)

No written agreement = a breach of the Code. It's that simple.

### Communication

Agents must: - Keep you informed about the progress of your case - Respond to your queries within a reasonable timeframe - Explain things in a way you can understand (considering your English proficiency) - Notify you of any significant developments promptly

### Fees and Costs

The Code requires agents to: - Disclose all fees before you engage them - Not charge excessive fees - Provide itemised invoices on request - Keep your money in a trust account if they receive funds on your behalf - Return any unearned fees if you terminate the agreement

As a client, the Code gives you important rights:

• - The right to know — Your agent must explain your visa options, chances of success, and any risks
• - The right to your documents — Your agent must return all your documents if you request them or terminate the agreement
• - The right to your file — You can request a copy of your complete file at any time
• - The right to terminate — You can change agents at any time, for any reason
• - The right to complain — If your agent breaches the Code, you can lodge a complaint with OMARA
• - The right to privacy — Your agent must keep your personal information confidential
• - The right to honest advice — Your agent must not mislead you about your prospects

The Code has strict rules about conflicts of interest. Your agent must:

• - Disclose any conflict of interest before you engage them
• - Not act for both parties where there's a conflict (e.g., acting for both an employer and employee in a sponsorship matter without proper disclosure)
• - Not receive commissions or referral fees without disclosure
• - Prioritise your interests over their own commercial interests

For example, if an agent also runs an education consultancy and recommends a particular course that just happens to pay them a commission, they must disclose that conflict.

Agents must maintain proper records of:

• - All advice given to you
• - All communications (emails, letters, file notes of phone calls)
• - All documents received and sent
• - Financial transactions
• - The client-agent agreement

They must keep these records for a set period after your case concludes. This is important — if a dispute arises later, these records are your evidence.

If OMARA finds an agent has breached the Code, they can:

• - Issue a caution — A formal warning
• - Impose conditions on their registration — Such as requiring supervision or additional training
• - Suspend their registration — Temporarily barred from practising
• - Cancel their registration — Permanently removed from the register
• - Bar them from reapplying — In serious cases
• - Refer to police — If criminal conduct is involved

OMARa publishes disciplinary decisions, so you can check an agent's history. The system works, but only if people actually report misconduct. If you've experienced a breach, learn how to complain.

Quick checklist:

✅ Did they provide a written client-agent agreement before starting work? ✅ Did they clearly disclose all fees upfront? ✅ Do they respond to your communications within a reasonable time? ✅ Do they keep you updated on your case progress? ✅ Are they currently registered? (Check here) ✅ Did they explain your visa options honestly, including risks? ✅ Have they disclosed any conflicts of interest?

If you can't tick all these boxes, your agent may be breaching the Code. Compare them against other agents in our directory and consider your options.