Request for clarification of Clause 18(b), review and update of the Code of Conduct, and review of the IAA’s purpose, functions, and regulatory scope
We, the undersigned Licensed Immigration Advisers, request that the Immigration Advisers Authority (IAA) review its regulatory framework, focusing on three key issues:
1. Clarification of Clause 18(b)
Clause 18(b) of the Licensed Immigration Advisers Code of Conduct 2014 requires an adviser to:
“before any written agreement is accepted, explain all significant matters in the written agreement to the client.”
Recent Tribunal decisions and IAA guidance appear to interpret this as requiring advisers to explain significant matters verbally before clients accept the agreement.
We seek clarification on:
- the basis for treating a verbal explanation as mandatory when the Code does not expressly use the word “verbal”;
- what constitutes a “significant matter” for the purposes of Clause 18(b); and
- what evidence, records or processes advisers are expected to maintain to demonstrate compliance.
The goal is to ensure clients are properly informed and understand their engagement terms, while allowing flexibility in how this is achieved.
2. Review and modernisation of the Code of Conduct
Since the Code was introduced in 2014, immigration advice has evolved, particularly with electronic communication, remote consultations, and digital agreements.
We request a comprehensive review and update of the Code, in consultation with Licensed Immigration Advisers.
The review should ensure that the Code is:
clear and unambiguous;contemporary and fit for purpose;proportionate in its compliance requirements;
- suitable for digital and remote practice; and
- clear enough for advisers to understand their obligations prospectively.
Mandatory professional obligations with potential disciplinary consequences should be clearly stated in the Code and supported by clear guidance.
3. Review of the IAA’s purpose, functions and regulatory scope
We also request a broader review of the IAA’s purpose, functions, and regulatory scope.
This review should assess whether the current framework aligns with regulatory objectives and whether roles and responsibilities remain clear and appropriate.
The review could consider:
- the purpose and objectives of immigration advice regulation;
- the IAA’s regulatory and disciplinary functions;
- the appropriate scope of the Code, regulations and IAA guidance;
- the balance between consumer protection and proportionate professional regulation;
- the consistency and transparency of compliance and disciplinary expectations;
- the application of regulatory requirements to modern business, digital and remote practices; and
- whether further clarification or changes are needed to ensure the regulatory framework remains effective and fit for purpose.
We do not seek to reduce consumer protections or professional standards, but seek a clear, proportionate, and consistently applied framework.
Our request
We ask the IAA to:
- Provide clear written clarification of Clause 18(b);
- Commence a comprehensive review and modernisation of the 2014 Code of Conduct; and
- Undertake a broader review of the IAA’s purpose, functions and regulatory scope.
We further request that these matters be considered through meaningful consultation with Licensed Immigration Advisers and other relevant stakeholders.
We submit this petition to promote regulatory clarity, effective consumer protection, proportionate regulation, and confidence in the immigration advice framework.