34Duty to inform clients of conflicts of interest

34 Duty to inform clients of conflicts of interest

(1) Subject to subsection (4), if a migration agent has an interest, pecuniary or otherwise, that conflicts, or could conflict, with the proper performance of the agent’s duties in relation to a client, the agent must not give immigration assistance to the client unless: (a) the agent gives written notice of the interest to the client in accordance with subsection (2); and (b) the client gives to the agent a written statement that the client: (i) has been given notice of the conflict; and (ii) still wishes the agent to give immigration assistance to the client.

Note: The proper performance of the agent’s duties in relation to the client includes complying with the agent’s duty to act in the legitimate interests of the client and in accordance with the client’s instructions: see section 33.

(2) A notice under paragraph (1)(a) must include the following: (a) details of: (i) the nature of the interest; and (ii) how the interest conflicts, or could conflict, with the proper performance of the agent’s duties in relation to the client; (b) if relevant: (i) the name of the person or body providing the interest; and (ii) the reason the interest is being, or has been, provided; (c) if the interest is pecuniary—the amount or a reasonable estimate of the amount of the pecuniary interest. (3) A notice under paragraph (1)(a), and a statement under paragraph (1)(b), may be included in a service agreement that covers the immigration assistance. Actual conflicts (4) A migration agent must not give immigration assistance to a client (even with the client’s consent) if: (a) the agent has an actual conflict of interest, pecuniary or otherwise, with the client’s interests; and (b) as a result of the conflict of interest: (i) the agent’s objectivity, or the relationship of confidence and trust between the agent and the client, could be compromised; or (ii) the agent is reasonably likely to breach the confidentiality of the client. Interests of family members (5) To avoid doubt, for the purposes of this instrument, a conflict of interest may arise in relation to a migration agent or a client because of an interest of a relative of the migration agent or client.