9GDecision

9G Decision

(1) In deciding whether or not to approve an activity, the Minister may take the following into account: (a) whether he or she is satisfied that: (i) the activity will help improve the professionalism of each participant in the approved activity as a registered migration agent, including the participant’s knowledge of migration procedures, professional ethics and relevant skills; and (ii) the provider of the activity has a way of ensuring that the activity will achieve the outcome mentioned in subparagraph (i); and (iii) the delivery of the activity is focussed on the achievement of the outcome mentioned in subparagraph (i); (b) whether the activity would meet the requirements for registration to practise in another profession, including: (i) mandatory continuing legal education for legal practitioners; or (ii) continuing professional education for accountants; (c) whether the provider of the activity has agreed, in writing, to comply with standards for the provision of professional development activities approved by the Minister by instrument in writing for this paragraph;

Note: When paragraph (c) commenced, the standards were set out in the document known as CPD Approved Provider Standard Conditions, published by the Authority.

(d) whether the provider of the activity has complied with the requirement to give information in relation to other activities;
(e) the character and reputation, or a doubt about the character and reputation, of a person connected with the activity.

(2) Without limiting subregulation (1), the following persons are taken to be connected with an activity: (a) a person who conducts, produces, writes or presents material for it; (b) a person concerned in the management of a company or a body of persons that conducts, produces, writes or presents material for it; (c) a person who has been appointed as a consultant to advise a person mentioned in paragraph (a) or (b) about the activity. (3) If the Minister approves an activity under paragraph 9E(1)(a): (a) the Authority must include the activity in a publicly available list of approved activities maintained on the Authority’s website; and (b) the list must include: (i) the name of the activity; and (ii) the number of points for the activity; and (iii) the provider (if any) of the activity; and (c) the list may set requirements for completion of the activity.

Note 1: Paper copies of the list will be made available from the Authority on request.

Note 2: Examples for paragraph (c) are:

(a) a minimum mark for an examination; and
(b) a requirement that the quality of a presentation be certified by qualified persons; and
(c) journals in which a publication must appear; and
(d) a requirement that the quality of work for an activity be assessed in a particular way; and
(e) a requirement dealing with work for an activity undertaken jointly with another person.