LAWS509 - Foundations of Ethical Practice

Year

Credit points

Campus offering

Prerequisites

LAWS503 Introduction to Australian Migration Law

Unit rationale, description and aim

With a high percentage of graduates entering the profession as a sole trader, it is imperative that students possess the skills to take them forward and assist them in building a professional practice. An awareness of the Code of Conduct and how it relates to an ethical practice will include knowledge and application of both financial obligations and those obligations that must be met when providing migration advice. Taking into account other regulatory requirements, students should develop the practical skills required to establish and manage a professional migration practice within the parameters of the Office of Migration Agents Registration Authority (OMARA) Code and Conduct and the Department of Home Affairs' Occupational Competency Standards.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

On successful completion of this unit, students should be able to:

LO1 - communicate professionally with a diverse range of clients and stakeholders to assist and advocate for clients whilst maintaining professionalism and cultural sensitivity (GA1, GA3, GA5, GA7, GA8, GA9)  

LO2 - demonstrate knowledge of migration agents’ obligations under the Code of Conduct through ethical practice and decision making when offering migration advice and advocating on behalf of clients (GA3, GA4, GA5, GA8, GA9)  

LO3 - apply the Code of Conduct and professional behaviour necessary to address and maintain financial obligations and appropriate file management for clients (GA3, GA4, GA5, GA8)  

LO4 - undertake a self-audit of their practice and business in accordance with the Code of Conduct and Occupational Competency Standards developed by the Department of Home Affairs (GA3, GA4) 

Graduate attributes

GA3 - apply ethical perspectives in informed decision making

GA4 - think critically and reflectively 

GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA7 - work both autonomously and collaboratively 

GA8 - locate, organise, analyse, synthesise and evaluate information 

GA9 - demonstrate effective communication in oral and written English language and visual media 

Content

• Overview of an Ethical Migration Practice 
• Ethics 
• The business of Business 
• Fees and Charges 
• Record keeping and Management 
• Financial duties 
• Termination of Services 
• Multi-cultural Communication 

Learning and teaching strategy and rationale

This is the seventh unit in the Graduate Diploma in Australian Migration Law and Practice. It is the prescribed qualification for initial registration with OMARA as per s289A of the Migration Act 1958 (Cth).   

Our strategy is to encourage students to actively engage with unit content and their peers. Up to 80% of graduates will be in practice as sole practitioners. It is envisaged that developing a community of practice within each unit of learning will encourage students to maintain connections with peers into their professional careers. 

This subject will be delivered in online mode only. We have taken an online learning approach to provide accessibility and flexibility to our post graduate students and a student focused approach that increases depth of learning and engagement through actively utilising LEO.   

Assessment strategy and rationale

This graduate course is the prescribed qualification for registration with OMARA to provide migration advice. On completion of all units, students who wish to apply for registration will also sit an independent capstone examination regulated by OMARA. 

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed. Occupational Competency Standards have been produced by Department of Home Affairs and have guided our assessment as the underpinning knowledge and skills required by a migration law practitioner. 

Overview of assessments

Representative texts and references

Austlii http://www.austlii.edu.au  

Legendcom http:// http://www.border.gov.au/Trav/Visa/LEGE  

Australian Guide to Legal Citations, Third Edition 

Acts Interpretation Act 1901 (Cth) 

Legislative Instruments Act 2003 (Cth) 

Migration Act 1958 (Cth), Part 3, Migration Agents and Immigration Assistance 

Migration Agents Registration Application Charge Act 1997 

Migration Regulations 1994 

Migration Agents’ Regulations 1998 

Department of Home Affairs Procedural Instructions and Policy 

Office of the Migration Agents Registration Authority http://www.mara.gov.au 

Occupational Competency Standards, Department of Home Affairs