The 2021 Code of Conduct: what actually changed for practitioners

The 2021 Migration Agents Code of Conduct changed several day-to-day steps in how registered migration agents deal with clients. For practitioners, the biggest practical shift was not abstract ethics, it was timing, paperwork and money handling. The parts that tend to matter most in ordinary files are s38, s42, s46 and s51.

The 2021 Code changed the order of first contact#

One of the clearest changes is in s38. Before a client is asked to sign up, the registered migration agent must give the consumer guide first.

That sounds simple, but it affects intake systems, websites, lead forms and phone scripts. If a practice takes enquiries through a website, social media, email or a call centre, the process needs to show that the consumer guide was provided before the person entered into an agreement for immigration assistance.

In practice, that usually means the consumer guide is built into the first formal engagement step, not left until later. It also means the timing should be recorded. A file note, CRM timestamp or email trail can matter if there is later a complaint or audit.

The Code does not treat the consumer guide as optional reading. Section 38 makes it part of the front-end compliance process. For consumers, the guide explains what a registered migration agent can and cannot do, how fees work, and where complaints can be made. VisaBid hosts a plain-language version here: the consumer guide.

This sits alongside the basic rule that only a registered migration agent or an Australian legal practitioner can give immigration assistance in Australia, under s280 of the Migration Act 1958. Charging for unregistered immigration assistance is separately dealt with under s281.

A written agreement is not just good practice, it is required#

Section 42 requires a written agreement between the agent and the client. Under the 2021 Code, this is one of the main documents that shapes the whole file.

The agreement needs to do more than confirm that the agent has been engaged. It needs to set out the services to be provided, the responsibilities of each side and the fees and other charges that may apply. The point is clarity before work starts, not patching misunderstandings after a dispute begins.

In daily practice, this means a short email saying "I can help with your visa" is not enough on its own. The file should contain a proper written agreement that matches the service actually being delivered. If the scope changes later, for example from a visa application to a sponsorship stage or to a different stream of work, the paperwork usually needs to be updated so the written record still matches the service.

This also interacts with Form 956 under s312A of the Migration Act. Form 956 is the appointment of a registered migration agent, legal practitioner or exempt person. It tells the Department who is acting, but it is not a substitute for the private agreement required by s42 of the Code.

Consumers comparing quotes can use this as a simple checkpoint. If a practitioner is willing to discuss fees but does not provide a clear written agreement, that is a warning sign. VisaBid's marketplace format is built around written, itemised quotes so people can compare providers more easily: our case form.

Fee structures must be clear enough to compare#

Section 46 deals with the fee structure. This is one of the most practical parts of the 2021 Code because fee disputes are common, and many start with vague pricing.

A compliant fee structure needs to show how professional fees are calculated and when they are payable. It should also distinguish between the practitioner's own professional fees and third-party costs such as translation, skills assessment, medicals, police checks, courier charges or barrister fees, where those are relevant.

For consumers, the useful question is not only the total figure. It is also what is included in that figure. A quote may cover consultation, eligibility assessment, document review, preparation of forms, drafting of submissions, lodgement and follow-up, or only some of those tasks.

The 2021 Code pushes practices toward itemisation. In the market, professional fees often appear as fixed-fee stages, hourly charging, or a mixed structure. For example, some practitioners use one fee for an initial advice consultation and separate staged fees for preparation and lodgement. Others give a package quote with listed exclusions.

That does not mean every quote must look the same. It means the structure must be clear enough that the client can understand the basis of the charges. Section 46 is easier to meet when invoices, agreements and trust accounting all use the same language and the same stages.

For people comparing providers, this is why "from $X" advertising can be less useful than an itemised quote. A proper quote normally shows the service scope, payment stages and likely disbursements. VisaBid's مقدّر التكلفة can help with broad budgeting, but the exact professional fee structure varies from one practitioner to another.

No money before the agreement means exactly that#

Section 51 is one of the most important operational rules in the 2021 Code. A registered migration agent must not ask for, receive or deduct money for fees or disbursements before the client has accepted the agreement under s42.

This is the part that often bites in daily practice because it affects booking links, card pre-authorisations, intake staff scripts and online checkout pages. If a business process takes payment first and sends the agreement later, that process may create compliance risk.

The rule is broader than just taking the full professional fee upfront. It can also affect deposits, administration fees and disbursement money. The sequence matters. First, the client gets the required information and the written agreement. Then the agreement is accepted. Only after that can money be requested or received for the covered work.

That sequence also works with s38. In simple terms, the consumer guide comes first, the written agreement follows, and only then can money move. The 2021 Code made this order much harder to ignore.

For firms that use automated systems, this usually means checking every path to payment. Website forms, QR code invoices, consult booking apps and offshore reception arrangements can all create accidental breaches if the payment step appears before the agreement is accepted.

The 2021 Code works as a chain, not as separate rules#

The main sections often discussed, s38, s42, s46 and s51, make more sense when read together. They form a sequence for starting a matter.

First, the client gets the consumer guide under s38. Next, there is a written agreement under s42. That agreement includes a clear fee structure under s46. Only after acceptance of that agreement can fees or disbursements be requested or received under s51.

Other parts of the 2021 Code support that chain. Section 49 deals with invoices and receipts. Section 50 covers the client account. Section 54 requires client documents to be returned within 14 days in certain circumstances. Section 56 requires records to be kept for seven years.

There are also broader conduct rules that affect how services are marketed and discussed. Section 25 requires a MARN to appear in advertising. Section 26 prohibits guarantees of success or statements that could create that impression. This matters because complaints often begin with promises made in ads, messages or sales calls, not only with paperwork errors.

For consumers, these rules are useful because they create practical checks. Is the MARN shown, as required by s25. Is the service described clearly. Is there a written agreement. Is the fee structure itemised. Is money being requested before the agreement is accepted. Those are all things a person can look for before engaging anyone. If you want to check whether an operator is registered, start here: our operator checker.

What this means for complaints and proof#

The 2021 Code is easier to follow when every step leaves a record. A firm that can show the consumer guide was sent, the agreement was accepted, fees were itemised and money was received after acceptance is in a much stronger position if a complaint is later made.

That matters because many disputes are not really about technical migration law. They are about expectations, scope and payment. The more clearly those points are documented at the start, the easier it is to resolve problems later.

From a consumer point of view, written records also make comparison easier. If two quotes are priced differently, the explanation is often in the scope of work, exclusions and payment stages, not just in the headline number. If a concern does arise, VisaBid has general information about complaint pathways here: our complaints guide.

الأسئلة الشائعة#

What changed in the 2021 migration agents code of conduct?#

The 2021 Code replaced the 2003 Code and made some front-end obligations more explicit in daily practice. The sections that commonly affect ordinary client files are s38, which requires the consumer guide first, s42, which requires a written agreement, s46, which deals with the fee structure, and s51, which stops money being taken before the agreement is accepted.

Can a migration agent take a deposit before I sign anything?#

Section 51 says a registered migration agent must not ask for, receive or deduct money for fees or disbursements before the client has accepted the written agreement required by s42. In practical terms, the agreement comes before the payment step.

Does Form 956 replace the service agreement with a migration agent?#

No. Form 956 under s312A of the Migration Act tells the Department who is appointed to act, but it is not the same thing as the written agreement required by s42 of the Code. The Department form and the private client agreement do different jobs.

How do I check if a migration agent is following the code?#

A consumer can look for a few practical signs. The MARN should appear in advertising under s25, the consumer guide should be provided under s38, there should be a written agreement under s42, the fee structure should be clear under s46, and money should not be taken before the agreement is accepted under s51.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, and check any agent on the OMARA register.