56Duty to maintain client files

56 Duty to maintain client files

Duty to create and maintain client files (1) A migration agent for a client must ensure that a client file is created and maintained for the client. (2) The client file must include the following: (a) a copy of the client’s application or other immigration matter; (b) copies of all service agreements between the agent and the client and any variations to the agreements; (c) copies of all written communications (including electronic communications) between: (i) the agent and the client; and (ii) the agent and any other person or organisation, to the extent that the communications relate to the client; (d) all records made under section 55 in relation to the client; (e) records of material oral communications between the agent and any person or organisation other than the client, to the extent that the communications relate to the client; (f) copies of all invoices and receipts given by the agent relating to the client; (g) copies of all personal documents relating to the client given to the agent by, or on behalf of, the client; (h) evidence of the safe return of any original documents belonging to the client and given to the agent. (3) A migration agent may create and maintain a single file under subsection (1) for 2 or more clients who are members of the same family unit, other than a client who requests the agent to create and maintain a separate client file for the client. (4) A client file may be kept in written or electronic form, or partly written and partly electronic form. Duty to keep client files for 7 years (5) A migration agent who has a duty under subsection (1) in relation to a client file must take all reasonable steps to ensure that the client file is kept for a period of 7 years after the last action on the file for the relevant client. (6) Subsection (5) does not prohibit a migration agent from transferring possession of a client file to another migration agent. (7) If a migration agent (the original agent) transfers possession of a client file for a client to another migration agent (the receiving agent): (a) the receiving agent must take all reasonable steps to ensure that the client file is kept for a period of 7 years after the date of the last action on the file for the client; and (b) except as required or authorised by law, the receiving agent must not disclose, or allow to be disclosed, to a third person any personal information contained in the client file relating to: (i) the client; or (ii) the client’s affairs; without the written consent of the client. (8) The receiving agent’s duties under subsection (7) are in addition to the original agent’s duties under section 35 (confidentiality) and subsection (5) of this section. Duty to give Authority access to client files on request (9) A migration agent must give the Authority access to a client file that is in the possession of the agent, or a member of the agent’s business, if the Authority, in writing, requests access to the client file for the purposes of the Authority carrying out its functions under paragraphs 316(1)(a) to (d) of the Act.