9KDecision

9K Decision

(1) In deciding whether or not to approve a person as an approved provider, the Minister may take the following into account: (a) whether he or she is satisfied that: (i) the person has a way of ensuring that the approved 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 person’s delivery of the approved activity will be focussed on the achievement of the outcome mentioned in subparagraph (i); (b) whether the person is qualified by practical experience or academic qualifications in the subject matter of the approved activity; (c) whether the person 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; (d) if the person has previously been an approved provider—whether the person 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: (i) the person; and (ii) a person connected with the person in the conduct of an approved activity.

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

(2) Without limiting subregulation (1), the following persons are taken to be connected with a person in the conduct of an approved 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 a person as an approved provider, the Authority must include the person’s name in a publicly available list of approved providers maintained on the Authority’s website. (4) If the Minister decides not to approve a person as an approved provider, the Minister must notify the person and the Authority of the decision as soon as practicable.