The Office of the Migration Agents Registration Authority (OMARA) has published formal guidance on the use of artificial intelligence (AI) in immigration assistance, setting out clear expectations for both registered migration agents (RMAs) and consumers.
The guidance makes clear that the introduction of AI does not alter the existing legal framework governing immigration assistance. Under the Migration Act 1958, only RMAs, Australian legal practitioners and certain exempt persons may lawfully provide immigration assistance — AI-generated information does not constitute an exemption to this requirement.
RMAs may utilise AI tools in their practice, however full responsibility for the accuracy, quality and professionalism of all advice and documents remains with the agent. Existing obligations under the Code of Conduct continue to apply, including confidentiality requirements. Notably, RMAs must inform clients of any intended AI use and obtain written consent prior to entering personal information into an AI system.
The guidance also includes a dedicated section for consumers, outlining their rights and the process for raising concerns. Where a consumer believes an RMA has misused AI or breached the Code of Conduct, a complaint may be lodged with OMARA, which retains the power to investigate and take disciplinary action.
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