will my cpd cost more? · 2017-01-19 · • leading practices in cpd • current approaches...
TRANSCRIPT
Ethical profession | Empowered consumers | Engaged stakeholders
What is the Office of the MARA doing to ensure CPD will meet my needs?
The Office of the MARA surveyed all registered migration agents in May 2010 (20% responded to this survey) to obtain agents’ views about CPD.
DeakinPrime were commissioned to review the CPD framework and provide a report to the Office of the MARA. This project incorporated a survey of all registered migration agents. The results of the survey are incorporated in the report and factored into the recommendations contained therein. This report is publicly available. See: https://www.mara.gov.au/ArticleDocuments/936/DeakinPrime_CPD_Review_Report.pdf.aspx
The Office of the MARA held a workshop with CPD Providers on 27 October 2010 to discuss ideas for improving CPD. The information from the survey and feedback from evaluation of CPD activities was circulated to participants. Attendees of the workshop included representatives from CPD providers that have delivered CPD to registered migration agents in the past 12 months.
Will the Office of the MARA implement a 20 point CPD requirement in January 2011?
The Office of the MARA does not intend to implement a 20 point CPD requirement in January 2011.
When might the changes begin to occur?
Any change to the overall framework will require legislative change and hence is unlikely to occur this financial year.
Where improvements do not require legislative change, and the Office of the MARA intends to implement that change to CPD, the Office of the MARA will communicate this in advance to all registered migration agents.
Where any change is proposed, a reasonable transition period will be worked out. However as we are still in a consultation phase, there are no definitive changes or transition periods that have been determined at this stage.
Will I be consulted before any changes are implemented?
The Office of the MARA is committed to continuing to engage with registered migration agents, professional bodies and CPD providers on ways to improve CPD.
The Office of the MARA has sought feedback on the DeakinPrime report from agents by close of business Friday 10 December 2010.
To provide feedback about this report, please email [email protected]. All comments received will be considered.
Will my CPD cost more?
The cost of CPD is primarily driven by market forces and the Office of the MARA cannot predict whether the cost of CPD will shift or not, or in which direction.
Quality of CPD was ranked the highest in importance by agents (62%) who responded to the survey with 42% ranking cost as the next important issue when selecting CPD.
At page 43 of the DeakinPrime report there is some qualitative feedback summarised under a number of themes in relation to quality. The feedback from CPD providers is that delivery of improved quality may result in higher costs for some forms of CPD.
The DeakinPrime report also recommends different types of CPD activities, for example mentoring arrangements and interactive workshops. These recommendations, if adopted, could have an impact on the variety of CPD offerings available to registered migration agents which might also indirectly impact on cost.
Will I have to spend more time on CPD in the future?
The Office of the MARA is working with CPD Providers to identify ways to improve the quality, relevance and variety of your CPD.
It is premature to speculate about whether an agent will choose to spend more time on your CPD. It is noted that over 40% of existing agents undertook more than 15 hours of CPD in 2009/10.
It should be noted that if adopted, the recommendations in the DeakinPrime report propose different types of learning styles and different ways of completing CPD. Some of these options could well allow agents to complete more points in less time.
Will I still be able to accrue 5 CPD points in a day?
Yes. There has been no discussion about such a limitation. It is possible that some activities involving more participation and interaction could attract more points.
Will there be a transition period to any new system and how long will this transition period be?
As we are still in a consultation phase, there has been no discussion of any transition period or its length. Where any change is proposed, a reasonable transition period will be worked out.
What changes are definite or extremely likely?
No changes have been endorsed at this stage. The DeakinPrime report has been made available for public comment.
Effective from 9 November 2010
Contact the Professional Development section for further information on:
Phone: (02) 9078 3524 | Email: [email protected]
DeakinPrime CPD
Review Report
Prepared for the Office of the MARA
7 July 2010
001513_MARA_CPD_V05 Maria Eliadis & Colin Boldra–090810
Purpose and Confidentiality
This document is prepared for the use of the Office of the Migration Agents Registration Authority (MARA) in response to RFQ 10/15. This document
is not to be used for any other purposes and is not to be copied or transmitted in any way except in connection with the stated purpose. It is not
for publication, distribution, or sighting by anyone other than the officers of the Office of the MARA for this express purpose and is to be held
confidential always.
Authors: Colin Boldra and Maria Eliadis
Published by DeakinPrime
Level 6, 601 Bourke Street
Melbourne, Victoria, Australia
© Deakin University 2010
© Commonwealth of Australia 2010
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written
permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright
Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca
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Contents
Executive Summary ................................................................................................................................................. 1
Background ............................................................................................................................................................... 6
Context ....................................................................................................................................................................... 7
Recent Reviews..................................................................................................................................................... 7
Current Environment ............................................................................................................................................. 8
Migration Regulation Approaches in other Countries ........................................................................................... 9
Current Comparative CPD Practices in Australia ................................................................................................. 13
Leading Practice in CPD ....................................................................................................................................... 26
Effectiveness in CPD ........................................................................................................................................... 26
Leading Practice in Online, e-learning and Private Study .................................................................................... 32
Current CPD Scheme of Migration Advice Profession ..................................................................................... 33
CPD User Survey Overview of Findings .............................................................................................................. 36
Summary of Survey Findings ............................................................................................................................... 45
Challenges Faced by the Current CPD Scheme ................................................................................................... 46
Proposal for a new CPD Framework for the Migration Advice Profession .................................................. 49
A new CPD Framework........................................................................................................................................ 50
Areas of Competency for Professionalism .......................................................................................................... 51
Focus on Outcomes: Activity Type and Design .................................................................................................... 53
Driven by Planning .............................................................................................................................................. 61
Reflecting Life Stages ......................................................................................................................................... 62
Proposed Framework Summary ........................................................................................................................... 69
CPD Point Weightings ......................................................................................................................................... 72
Implementation and the Way Forward................................................................................................................ 74
Attachment 1 ........................................................................................................................................................... 75
Attachment 2 ........................................................................................................................................................... 76
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Attachment 3 ........................................................................................................................................................... 82
Attachment 4 ........................................................................................................................................................... 84
Attachment 5 ........................................................................................................................................................... 87
List of Figures
Figure 1: Modified from ‘Approaches to continuing professional education (CPD) measurement’,
Information Paper, June 2008, IFAC .................................................................................................................... 29
Figure 2: Principles of a CPD Framework for Migration Advice Profession ......................................................... 50
Figure 3: High Value CPD versus Low Value CPD ................................................................................................ 54
Figure 4: Building the Industry through Broader CPD .......................................................................................... 55
Figure 5: Pathway to CPD .................................................................................................................................... 71
List of Tables
Table 1: UK Registration Framework ................................................................................................................... 10
Table 2: CPA Australia’s CPD Activities with their Codes ................................................................................... 17
Table 3: CPD Schemes from Three Project Management Professional Organisations ........................................ 18
Table 4: Snapshot of FPA’s CPD requirements (1 hr of activity attracts 1 CPD point) ......................................... 20
Table 5: Outline of the LEAP Matrix .................................................................................................................... 23
Table 6: The Difference between Accountability and Development Approaches ................................................ 26
Table 7: The Difference Between Input and Output ............................................................................................ 30
Table 8: Kirkpatrick Model of Evaluation ............................................................................................................ 31
Table 9: Reasons for Undertaking CPD ................................................................................................................ 36
Table 10: Reflecting on CPD Recently Completed ............................................................................................... 37
Table 11: What agents would have found useful when they first registered (responses from agents
registered three years or less)............................................................................................................................. 38
Table 12: Preferred Way of Meeting CPD Requirements .................................................................................... 39
Table 13: Ranked order of what is important when choosing CPD ...................................................................... 40
Table 14: Level of agreement of statements about CPD ..................................................................................... 40
Table 15: Purposes of CPD in order of importance .............................................................................................. 41
Table 16: Satisfaction levels that CPD helps agents ........................................................................................... 42
Table 17: Point Allocation for CPD Activities ...................................................................................................... 72
Table 18: Breakdown of Engineers Institute of Australia CPD Scheme ............................................................... 75
Table 19: Overview of AIPM CPD Scheme .......................................................................................................... 76
Table 20: Summary of State Law Society’s CPD Schemes .................................................................................. 82
Table 21: Summary and Categorisation of CPD Practice in Relation to Leading Practice .................................... 87
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Executive Summary This document has been prepared by DeakinPrime, a Division of Deakin University, for the use of the Office of
the Migration Agents Registration Authority (MARA) in response to RFQ 10/15. The intent of this work is to
review the current continuing professional development (CPD) activities influenced by the regulations enforced by
the Office of the MARA.
This document reports the findings of analysis conducted on:
• leading practices in CPD
• current approaches towards regulation of registered migration agents (RMAs) and the role of CPD
• current practices of leading professional bodies in Australia,
• the current CPD scheme for registered migration agents, including recent reviews.
In light of the above analysis and with due consideration of the recent history and maturity of the migration advice
profession, the report proposes a framework to guide the future development of the CPD scheme for migration
agents. The framework proposed has been developed within the broader consideration that professionalism is
measured by the performance of an industry – that is, not the knowledge it retains or demonstrates but the
behaviour and standards it exemplifies.
Although CPD is regulated by the Office of the MARA, the findings and recommendations in this report apply to the
migration advice profession as a whole and hence are not limited to areas of responsibility of the Office of the
MARA as the regulatory body.
The aim of the recommendations in this report is to offer a framework that can be used by the Office of the MARA
to direct, influence and guide decisions affecting the way professional standards are measured, maintained and
monitored in the migration advice profession. This supports the responsibility the Office of the MARA has to ensure
that RMAs are bound by a code of conduct and are required to have an in-depth knowledge of Australian migration
law and procedure and meet high professional and ethical standards. This responsibility is stated on the Office of
the MARA website as; the Office of the MARA regulates Australia’s registered migration agents to:
• ensure that clients receive high-quality immigration assistance
• protect the interests of people receiving immigration assistance.
The above responsibilities extend beyond the delivery and control of CPD, however, they reflect professional
practices of the highest order, practices which CPD activities must support.
It is further acknowledged that the overall CPD of migration agents is the responsibility of all industry
stakeholders. This being the case there is clearly a role for the Migration Institute of Australia (MIA), CPD
providers, the broader Department of Immigration and Citizenship (DIAC) and all migration agents and
representative bodies in supporting any initiatives that impact on the maintenance of knowledge and skills and
promote professionalism in the industry.
In this context, the Office of the MARA has a leadership role in guiding the industry to grow and continue to mature
in a proactive developmental way that encompasses and reflects leading practice.
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The report makes a clear distinction between the knowledge and skill required to qualify for registration and enter
the profession, and the maintenance of adequate levels of knowledge and skill to ensure an effective and efficient
profession worthy of consumer confidence. It is intended that the recommendations of this report are considered in
light of the concurrent review of the entry requirements for the migration advice profession.
This document is intended for the consideration of the Office of the MARA in the implementation of changes to the
CPD scheme for migration agents.
Key Findings
• That there is no obvious leading model or approach for regulatory bodies responsible for ensuring legislative
standards and in all cases there is an interdependent relationship between regulator and professional bodies.
This is even more pronounced for the migration advice profession in Australia in the light of the recent move
away from industry self regulation
• The current migration agents’ CPD scheme provides value in ensuring migration agents are kept up to date with
regulatory changes.
• The structure of the CPD program is driven by a point based system (as are most other CPD programs) which
requires Migration Advisors to address content related activities. Points are assigned based upon a time input
perspective which is also a vital component of other CPD programs.
• An assessment of the current scheme against leading practice indicators highlights that the current migration
agents CPD scheme is predominately inputs driven and not obviously nor consistently linked to user needs or
outcomes for users.
• Leading practice CPD schemes are encompassed within frameworks that address four key areas: 1) essential
industry competencies, 2) CPD activities that are outcomes focused and measurable, 3) reflective of the various
life stages of the industry, and 4) involves professionals in pre-planning their CPD to reflect their individual
professional priorities.
• Users of the migration advisory sector CPD are looking for:
− activity that more directly addresses their practice development needs
− activity that is interactive and outcomes focused, incorporating design elements that offer research,
analysis and problem solving based on ‘real’ practice scenarios
− greater diversity and rigour in delivery modes
− a multi-layered approach to CPD design and points values that reflects the life stages of the profession.
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Overview of Proposed CPD Framework
The report recommends the adoption of a CPD framework that encompasses the following:
1. Identifiable areas of competency which represent areas of knowledge, skill and behaviour considered
fundamental to the professionalism of the industry
2. A focus on outcomes based strategies and measures that are designed to contribute to good practice through
proactive, interactive and reflective practices
3. Drivers that reflect and respond to the tailoring of individual CPD plans to the needs and preferences of
migration agents
4. Reflects the migration advisory professional’s life stages offering CPD that acknowledges experience,
interests, access and learning preferences.
In proposing a leading CPD framework, it is not the intent of this report to ignore the particular characteristics of
the migration advice profession and the challenges it faces.
The particular characteristics of the industry are as follows: it is a maturing industry that is still ‘growing into its
own’; it is a relatively small and disparate sector, with little opportunity to benefit from economies of scale; it has a
high degree of political sensitivity due to the current visibility of Immigration policy; it experiences a high turnover
of registered agents; and it operates in a dynamic and sometimes volatile environment.
That these characteristics present difficult challenges is undeniable, but it is not a given that these challenges
should prohibit the development of a leading-practice CPD scheme for the industry. Indeed, other professions, as
they have matured, have faced similar challenges. Addressing the challenges in a practical positive way which
develops ownership within the profession, as recommended in this report, will greatly increase the success of
change and without which the industry as a whole risks continued instability, lack of long-term knowledge and
experience and low professional standards.
The recommended new framework has been designed to address some of these issues. For example:
• greater predictability of professional behaviours and outputs from the range of CPD activities
• the high turnover rate may be addressed in some part by increased support through the Practice Ready and
Mentor Programs
• offering CPD points to experienced agents for their time and effort in contributing to sector development
activities like the Practice Ready and Mentor Programs or standards committees could lead to strengthening
collaboration and maturity of the industry
• encouraging pre-planning and reflective activity, rather than admonishing lack of points before re-registration
makes agents more responsible and the scheme more proactive and encouraging
• a CPD calendar allows for pre-planning which will support those agents serious about their professionalism
and hence their CPD making it easier for them to comply
• collecting and analysing performance data also contributes to industry collaboration and development based on
empirical, verifiable industry data.
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Summary of Recommendations
The recommendations in this report refer to areas under the direct responsibility of the Office of the MARA as
well as areas in which the Office of the MARA should take a leadership role to encourage the industry to adopt
as leading practice. Specific recommendations are summarised below and are explained in more detail as the
report progresses.
Recommendation 1. It is recommended that the Office of the MARA adopt a CPD framework
that encompasses:1
− identifiable areas of competency which represent areas of knowledge, skill and
behaviour considered fundamental to the professionalism of the industry
− a focus on outcomes based strategies and measures that are designed to contribute
to good practice through proactive, interactive and reflective practices
− drivers that reflect and respond to the tailoring of individual CPD plans to the needs
and preferences of migration agents
− a reflection of the migration advice professional’s life stages, offering CPD that
acknowledges experience, interests, access and learning preferences.
Recommendation 2. It is recommended that the Office of the MARA seek to modify existing regulations
relevant to supporting the new CPD framework and enhanced CPD provider registration
process including:
− a CPD Provider approval regime which targets capability to deliver specific CPD
Activities and topics
− a structured biennial review of CPD providers
− establishing in partnership with CPD providers a consistent method for verification of
knowledge transfer for seminars
Recommendation 3. It is recommended that point values for CPD activities are reviewed to reflect the output
value of each type of activity.
Recommendation 4. It is recommended that the Office of the MARA adopt a system requiring 20 CPD points for
re-registration and where CPD points have a two year life.
Recommendation 5. It is recommended that the Office of the MARA seek to make Practice Ready Programs a
mandatory component of CPD for all new agents.
Recommendation 6. It is recommended that the Office of the MARA enhance the nature and methods used
to collect performance and impact data relating to CPD activity and encourage
reflective use of this data for the purposes of continual improvement and development of
the CPD framework.
Recommendation 7. It is recommended that independent monitoring and evaluative activities undertaken
by the Office of the MARA be continued and enhanced to reflect the new CPD
framework principles.
1This includes all recommendations associated with changing or implementing new CPD activities such as Practice Ready and Mentoring.
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Implementation and the Way Forward
It is also apparent that the migration advice profession has faced a recent shift away from self regulation and
experienced significant change to CPD requirements due to this change. Resistance to implementation based upon
this history is then, likely to be considerable.
Therefore it is envisaged that the transition to the new framework would require a clear, strategic and well-
communicated implementation plan that is developed with rigorous and continued consultation with industry
stakeholders and with consideration of any changes to the entry-level requirements, also currently being reviewed.
The following principles are also recommended as key success factors to affect positive support to the
changes proposed.
• Engagement, consultation and identification of key change advocates with all relevant stakeholders to achieve
agreement prior to implementation including:
− internal support and acceptance
− ministerial and departmental support
− CPD provider support
− migration advisor support
• Ongoing clear and positive communication on the benefits of the new framework
• Transparent pilot activity prior to full implementation
• Timely regulatory change.
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Background
Role of the Office of the MARA
The purpose of the Office of the MARA is to protect clients by impartially regulating the Migration Advice
Profession. The Office of the MARA regulates Australia’s registered migration agents to:
• ensure that clients receive high-quality immigration assistance
• protect the interests of people receiving immigration assistance.
The Office of the MARA achieves this by promoting awareness of the regulatory arrangements and providing
information about registered migration agents, including the fees they might charge. The Office of the MARA also
assists clients in disputes with an agent that they are unable to resolve.
The Office of the MARA is a discrete office attached to the Department of Immigration and Citizenship.
The functions of the Office of the MARA are set out in s. 316 of the Migration Act 1958 (Cwlth) (the Act).
Purpose of the Review
The review is aimed at recommending improvements to and developing a framework for the CPD Scheme for
registered migration agents. This is one of the mechanisms used by the Office of the MARA to regulate registered
agents and ensure they maintain appropriate knowledge and professional standards to enable them to provide
accurate, professional and ethical advice to consumers.
Approach to the Review
DeakinPrime completed the review in accordance with the following project specifications:
Phase 1: Review and evaluate current CPD practice both internationally and in Australia, including the 2007-2008
recommendations on the migration industry CPD scheme. The outcome was the development of a profile of current
and leading practice in the use of CPD in maintaining professional standards.
Phase 2: Review and evaluate the effectiveness and efficiency of the current Office of the MARA CPD scheme.
This phase was completed with input from the Office of the MARA and CPD users. This phase guided and
informed the proposed CPD framework, its underpinning principles and structure, performance expectations and
evaluation standards.
Phase 3: Develop a new framework and structure for the CPD scheme. This phase was informed by the first two
stages and by input from the Office of the MARA and selected stakeholders. The outcome of Phase 3 is this report
and its recommendations.
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Context
Recent Reviews
Two reviews were recently completed into the strategic direction of Migration Agent Regulation
and Migration Advice Profession. These were the Linking Continuing Professional Development to
Standards in CPD Review (May 2007), known as the Horsley Review, and the 2007–08 Review of
Statutory Self-Regulation of the Migration Advice Profession (May 2008), known as
the Hodges Review.
In the context of this project DeakinPrime was tasked with conducting a review of these two reports.
Linking Continuing Professional Development to Standards in CPD Review (May 2007) – Horsley Review
The Horsley Review, commissioned by the Office of the MARA (at the time operated by the MIA under a deed of
agreement), represents a comprehensive research activity on CPD, including investigation and analysis of other
professional organisations that provide CPD as well as the key sections of the migration agents profession and
those responsible for their CPD.
The key recommendations that emerged from the report related to:
1. registration of CPD providers suggesting a simpler and more flexible registration process with a change in
focus to assessment and evaluative activity as well as support, by the Office of the MARA
2. ‘allowing’ for the cross recognition of CPD undertaken as a result of membership with other professional
organisations
3. a simplified CPD scheme more reflective of the profession’s standards and competencies from the
point of view of the CPD user with a recommendation to link it to existing ‘qualifications’ frameworks;
and lastly a standalone recommendation was made for the Office of the MARA to investigate the introduction
of an induction program.
The data used to formulate the recommendations came from two main data pools: interviews of focus groups, and
the extensive literature research and documentation undertaken on CPD frameworks from other professional
organisations. However, it is not clear how the two data sources were juxtaposed for the purpose of analysis and
forming recommendations.
The usefulness of the report would have been strengthened by a separate analysis of the CPD scheme against
industry best practice standards which would have benchmarked the CPD scheme against current practice (various
practices do not necessarily reflect best practice in and of themselves).
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2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession (May 2008) – Hodges Review
The Hodges Review was a broad ranging review of the migration advice profession, and not just CPD.
As such the report clearly demonstrated that there is interrelatedness between CPD and other areas affecting the
professionalism of the sector that, although not technically CPD, do (or changes to which would) impact on CPD.
The report findings outline a ‘next phase’ of the profession’s maturity with discussions of:
• enhanced entry pathways into the profession
• improvement to the relevance and accessibility of CPD
• a rating system for agents
• priority processing being linked to the experience and competence of agents and resulting in ‘privileges’
• conflicts of interest manifested around the dual roles of some agencies, especially MIA/MARA
• the profession’s lack of capacity to self-regulate – and that it was not a ‘good candidate’ generally for
self-regulation.
The report takes into account the findings and recommendations of the Horsley Review and assumes the implementation
of its recommendations. It is conceivable that this assumption affected recommendations or lines of inquiry.
The Hodges Review’s recommendations for CPD refer to the following: flexibility of the CPD offer; flexibility as a
response to addressing the ‘onerous’ registration process; a differentiation of treatment for satisfying CPD, based
on years of experience and being realised through an honour system; and greater interaction between
departmental staff [the assumption is that these are DIAC staff, not Office of the MARA staff] and migration
agents, although the purpose of this was not very clear.
There is little ‘evidence’ in the report that these recommendations are more than the projection of the
providers’/users’ experiences of the system of providing/using (delivery and management of) CPD. The report also
fails to provide insight into the impact of the recommendations or what ‘benefits’ to quality and effectiveness
would be gained from them.
Current Environment The Hodges Review recommended significant changes to the regulation of the migration advice profession in
Australia. A key recommendation was that the Federal Government consider establishing alternative regulatory
arrangements to address a number of issues and concerns raised by both consumers and members of the industry.
In that context, on 9 February 2009, the Minister for Immigration and Citizenship, Senator Chris Evans, announced
new arrangements to govern migration agents. Under these new arrangements, the Office of the MARA was
established on 1 July 2009. The Office of the MARA is led by a Chief Executive Officer who reports directly to the
Secretary of the Department.
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Key objectives of the Office of the MARA are to ensure that:
• only suitable persons are registered as migration agents, and unsuitable persons are refused registration
or re registration
• registered agents maintain appropriate knowledge to enable them to provide accurate advice to consumers
• all complaints about the services of registered or formerly registered migration agents are
appropriately addressed
• the Office of the MARA works collaboratively with the department and other bodies such as prosecuting or
regulatory authorities to address the activities of agents outside its mandate
• consumers understand their rights and agents understand their obligations under the regulatory framework.
The Office of the MARA is supported by an advisory board which includes a diverse range of interests,
including a nominee of MIA, a nominee of the Law council of Australia (LCA), a community representative and
a consumer advocate.
Migration Regulation Approaches
in other Countries This section provides overviews of the migration advisory systems as they operate and are regulated in the United
Kingdom, the United States of America and Canada.
United Kingdom
In the United Kingdom, migration advisory services are regulated by the Office of the Immigration Services
Commissioner (OISC), while the administration of citizenship and migration services in the UK is the responsibility
of the UK Border Agency.
Members of one of the legal professions can provide advice as a component of their legal work; all other advisers
must be registered with the OISC. Hence, not all advisers need to actually be registered with the OISC and are not
subject to the regulatory practices of the latter.
The sector is further defined by registered agents and exempted agents. Registered agents can charge fees, while
exempted agents cannot charge fees for immigration advice services.
Agents are registered at one of three levels of practice. The levels are progressive in terms of skill, knowledge and
complexity of work.
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Table 1: UK Registration Framework
Group Type Brief Description
Members of
law profession
Able to provide migration advice and services. Do not have to be registered with the OISC and, hence, are not
subject to regulatory framework.
Others Need to undertake an application process and an audit. This is to determine their level of competency and the areas
in which they are able to practise.
Agents are then registered under one of three levels at which they can operate.
Work level standard Level 1: Initial advice The preferred way to move through the levels is through active supervision of
augmenting practice responsibilities that reflect the next level
Level 2: Case work Augmented practice is expected to be planned, experiential/situational and assessed.
Level 3: Advocacy and
representation
The whole process needs to be documented as evidence of competency development
and application.
Registration fees are linked to the level of registration and the number of advisers in an organisation.
Continuing professional development is a compulsory component of the regulatory framework, but it does not take
responsibility for or replace the standards of competency expected for registration. The purpose of CPD is to
‘encourage and assist’ registered advisers to undertake continuous learning and development so as to best be able
to advise and assist clients.
The OISC provides guidance notes and information about the CPD scheme online through its website.
The OISC provides each registrant with their personal CPD online portfolio. It is through this facility that advisers
record details of their CPD activity throughout the year. The OISC also has e-learning courses, and provides access
to third-party CPD products that have been ‘approved’. The OISC has access to the individuals’ portfolios for
monitoring purposes.
United States of America
In the United States of America the US Citizenship and Immigration Services (USCIS) is responsible for immigration
and it is part of the Department of Homeland Security.
The US system is ‘regulated’ through the Board of Immigration Appeals Practice Manual and the Immigration Court
Practice Manual.
The latter clearly identifies who can represent others in matters of citizenship and immigration before the USCIS.
These include:
• attorneys in the US
• accredited representatives that work for ‘recognised organizations’
• law students and law graduates (operating in a broader context, i.e. law practice, NFP etc.)
• reputable individuals of good moral character, usually friends or supporters, but an application for them to
appear and support needs to be made and accepted (restricted).
Hence, the system is centred on ‘recognising’ organisations as much as on ‘registering’ individual persons
(or advisers). By this it is meant that an organisation is registered as a place of access to support and advice.
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A component of their registration is having a duly qualified/experienced person responsible for the support and
advice. The organisation is responsible for the person providing the support and advice and, therefore, is
responsible for their education, training and conduct.
The provision of migration advice in the US operates primarily through one of two systems.
The first is support and advice provided through the legal profession for a commercial fee, and the second is
support and advice provided through not-for-profit organisations for free or for a nominal fee. However, the system
is generally geared towards individuals representing themselves.
In relation to CPD issues, such as the veracity and professionalism of the support and advice provided, the US
system relies on two things: first, the inherent ability of the legal and NFP sectors to monitor and ensure reputable
persons of good moral standing, and second, the extensive practice manuals that are available through their
immigration court systems.
Information relating to migration advice and support is primarily gained from the manuals which seem to be
accessed on a ‘need to know when you need to know’ basis as opposed to a notion of keeping abreast of
knowledge. The ‘skills’ component centres on advocacy, a cornerstone for both the legal profession and not-for-
profit sector.
Canada
Of the countries studied, the Canadian system most closely reflects the situation in Australia pre-June 2009. The
Canadian Society of Immigration Consultants (CSIC) is the regulatory body for immigration consultants in Canada.
Other professional representative bodies exist.
Immigration consultants in Canada are expected to be registered and members of the CSIC.
The main criteria for membership of the CSIC include the following:
• mandatory pre-admission course
• a language test
• disclosure of business structure and relationships, insurance etc.
• being a Canadian citizen and a person of good character.
The education and CPD regime also closely reflects that of Australia with a new entry requirement based on
academic qualifications and rigorous CPD responsibilities.
Canada’s CPD framework is points-based, requiring 15 points from mandatory CPD and 25 from voluntary CPD
every two years. There exists the option to carry over excess points from voluntary activity (up to 15 points).
The CSIC approves and registers providers of education/CPD to the migration consultant sector in Canada.
The CPD is divided into the following five streams:
• immigration law
• immigration consulting practice
• professionalism and ethical conduct
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• business management
• communication skills.
The CSIC educational standards are comprehensive, with an embedded competency framework.
The CPD framework offers a range of types of CPD activities, including:
• courses with assessment
• seminars and conferences
• teaching
• publishing
• presentation at conferences
• participation on committees.
There is a limit on the number of CPD points able to be claimed from each type of CPD activity.
Evaluation/assessment activities are also embedded in the framework, and the nature and rigour of these seem to
contribute to the points value of the CPD activity.
Claiming CPD points is a two-stage process. First, it is done online where consultants go to the CSIC’s website
and, through their membership login, they are able to access approved CPD. They then identify/register activities
they have undertaken. The system verifies this claim against attendance lists from providers that are uploaded into
the system.
They can also lodge an application for approval of an activity that is not listed online (although there is no
guarantee of approval). A committee meets four times a year to review these applications.
Conclusions
The approaches taken by the USA, Canada and the UK demonstrate three very different approaches to regulating
the standard of advice.
Each approach reflected varying degrees of involvement by the regulator; from very hands-off in the US to industry
regulated in Canada, to more hands-on in the UK.
All three recognised the roles played by their respective legal professions as well as the not for
profit/community sectors.
Canada’s approach was most highly geared to professionalising an industry in a traditional approach used by
professional representative bodies, while the UK approach guided professionalism through a tiered registration
system linking levels of advice to levels of registration. The US approach ‘trusted’ in the professional standards of
the two main industry sectors (legal and community) to ensure standards.
Components from each of the above have been considered in developing the leading practice framework for
Australia, for example limiting points by type of activity (Canada), establishing streams or competencies (Canada)
and restricting operators to work level standards (UK).
13 001513_MARA_CPD_V05—090810
Current Comparative CPD Practices
in Australia This section of the report describes and examines the frameworks underpinning various CPD schemes offered by
other bodies responsible for professional standards maintenance and monitoring. The focus is to highlight the
underpinning rationale and structures of the frameworks, including links to competency frameworks, types of CPD
accepted, compliance (i.e. points values) and monitoring approaches.
This section of the report outlines the CPD frameworks of the Institute of Engineers Australia, CPA Australia,
Financial Planning Association, the Australian legal sector, the Australian medical profession, and the project
management profession.
The Institute of Engineers Australia
Overview
The Institute of Engineers Australia is a membership-based organisation with the primary purpose to further the
standing of engineering as a profession. The institute maintains a register of chartered members, which in some
states equates to legislative compliance for certain engineering professions such as construction engineers.
All members of the institute are bound by a code of ethics.
Representation of Professionalism – Chartered Status
Chartered status represents:
• the highest standards of professionalism
• leadership
• up-to-date expertise
• quality and safety
• the ability to undertake independent practice.
Chartered status is related to the relevant field of endeavour and is applicable to officers, technologists
and professionals.
Professional engineers have the responsibility for ensuring that all aspects of their work are soundly based in
theory and fundamental principle, and for understanding clearly how new developments relate to established
practice and experience and to other disciplines with which they may interact. For example, one hallmark of a
professional engineer is the capacity to break new ground in an informed and responsible way.
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Chartered status is achieved in two stages:
Stage 1
• Graduate engineers achieve Stage 1 by attaining a relevant qualification and demonstrating competency
against a series of criteria in engineering knowledge, ability and professional attributes.
• The Institute of Engineers Australia works with universities to maintain standards and content for
undergraduate and postgraduate qualifications which may then be recognised as entry to chartered status
(Stage 1).
Stage 2
Chartered practising engineers achieve Stage 2 by:
• completing three years of practice
• submitting a Engineering Practice Report (EPR) which is a series of Career Episode Reports (CERs) that
demonstrate competence against the Australian Engineering Competency Standards Stage 2
• having that EPR verified by a senior engineer (preferably a chartered engineer) or via statutory declaration
• being assessed as competent
• presenting to an assessment panel and undertaking a professional interview.
To maintain chartered status, personnel must complete CPD, which is subject to an audit every five years, and be
actively employed in their field of endeavour. An audit of CPD may be undertaken;
• on a random or periodic basis
• if the individual has been the subject of a complaint
• if the individual is working in a high-risk area of practice
• to meet requirements set down in legislation, or
• to meet other requirements or priorities set down by the council from time to time.
Objectives of CPD
CPD activities are expected to update knowledge, skill or judgment in their area or areas of engineering practice.
These activities will enable the individual to:
• maintain technical competence
• retain and enhance their effectiveness in the workplace
• to help, influence and lead others by example
• successfully deal with changes in their career
• better serve the community.
Individuals are required to maintain their own CPD records which must demonstrate a minimum of 150 hours of
structured CPD in the last three years. Of the 150 hours:
• at least 50 hours must relate to the individual’s area of practice
• at least 10 hours must cover risk management
15 001513_MARA_CPD_V05—090810
• at least 15 hours must address business and management skills
• the remainder must cover a range of activities relevant to the individual’s career.
Additional requirements are imposed upon engineering academics/teachers and part-time engineers.
CPD activities may be recorded as of a type described below as long as they meet the objectives defined above:
• formal post-graduate study leading to an award or individual tertiary courses or units
• short courses, workshops, seminars and discussion groups, conferences, technical inspections and
technical meetings
• learning activities in the workplace that extend a member’s competence in their area of practice
• private study which extends a member’s knowledge and skills
• service to the engineering profession
• the preparation and presentation of material for courses, conferences, seminars and symposia
• any other structured activities not covered above.
Individuals who are notified to undergo an audit are required to respond within three months by submitting the
required CPD records and a statement of participation in their area or areas of engineering practice. An individual
who has received a notice of an unsuccessful audit outcome may be given a further 12 months in which to comply.
Until recently, the Institute of Engineers Australia reviewed and approved education programs offered by providers.
The institute provided standards to which programs were to be delivered; however, the endorsement of programs
has now been removed. Providers of programs may only claim that completion of their programs ‘may lead to’ CPD.
The primary reasoning behind this was to establish reliance on the outcomes of training rather than the
training itself.
The range of CPD activities available provides engineers with a significant scope of the day-to-day activity
recognition. However, it is expected that a large degree of this CPD is achieved through reflection on learning
achieved whilst undertaking these activities.
Compliance – Assessors
Thirteen assessors are authorised by the institute to conduct CPD audits, competency assessments and entry
interviews. The assessor network is established in every state across Australia, as well as Hong Kong, indicating
the national and international spread of the chartered status of the institute.
See Attachment 1 for a breakdown of CPD activities.
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CPA Australia
Overview
CPA Australia is the representative membership organisation for certified practising accountants in Australia
(and some parts of Asia). The CPA designation is an internationally recognised accounting designation that
CPA Australia is licensed to confer.
The objective of CPA Australia is to promote excellence, enterprise and integrity among its members and
the financial, accounting and business advisory professions generally, and to educate its members about their
duties and responsibilities towards the professions and to prescribe the highest standards of ethics and
professional conduct.
As a designation, CPA is only available through CPA Australia and is maintained by retaining membership through
compliance with its regulations and codes which cover CPD requirements and the code of conduct.
Representation of the Profession – Designation and Education
Membership of CPA Australia is contingent on successfully completing the CPA Program. Associate membership is
available but does not allow one to practice as an accountant under the CPA designation. Membership also
includes specialist designations and the status of Fellow of CPA (FCPA).
The CPA Program aims to provide graduates with technical expertise. The CPA Program comprises 14 education
segments, made up of a foundation level and a professional level, and a fully integrated practical experience
requirement. Entry points into the CPA Program can vary based on prior education and experience.
The foundation level represents the first eight segments and provides the base of knowledge of accounting
principles and practice. The completion of an accredited or recognised degree, such as an accounting degree, will
often meet all the requirements of the foundation level and allow commencement at the professional level.
The professional level is made up of six post-graduate education segments and builds on the foundation with
higher level analysis, judgment, decision making and reporting, and focuses on areas that ensure a CPA is valued
by any employer – ethics, governance, leadership and strategy.
The practical experience requirement is undertaken concurrently with the education component of the professional
level. It requires completion of at least three years supervised, relevant work experience and covers technical
accounting skills, broad business skills, leadership skills and personal effectiveness skills to further develop the
candidate’s ability to consistently demonstrate the breadth of knowledge gained through the foundation and
professional levels.
Objectives of CPA CPD
CPA Australia states its primary principle of CPD is to improve members’ ability to undertake their job by extending
their knowledge and skills. It is promoted to members as CPD and You: Investing in Your Future. It states that all
members have a professional obligation to themselves, their employers and the community to plan and participate
in a continuing education program. It aims to keep members up-to-date with knowledge and skills necessary to
successfully operate in the fields of business and finance.
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CPD for CPA Australia is:
1. defined as structured activity with objectives and a logical framework
2. compulsory for all categories of membership
3. comprised of at least 20 hours of activity each year
4. recorded on an online recording tool which captures the objectives and outcomes of activities
5. not able to be carried forward
6. structured around each triennium starting afresh with a minimum of 20 hours required per year, accumulating
to 120 hours over a triennium.
CPA Australia members working for employers participating in the CPA Australia Recognised Employer Program are
provided with an alternative method to demonstrate adherence to CPA Australia’s minimum CPD requirements.
The CPA scheme leaves it to the professional to decide which CPD to do and which activities best satisfy their
individual requirements. Basically, members are expected to tailor programs to meet their own needs.
Table 2: CPA Australia’s CPD Activities with their Codes
CPD Activity Types (each activity has a code)
A Congresses, conventions and video conferences
B Courses, seminars and workshops
C Discussion groups
D In-house training
E Tertiary or post-graduate courses (one subject 120 points, same as CPA Program subject, must be passed – CPA Program can be
included)
F Developmental activities presented by experts and run by reputable institutions
G Research and written technical publications (excluding those to meet normal lecture requirements)
H Member of technical and research committee under auspices of CPA Australia or other professional body
I Self-study: self-paced learning packages, CPD Online, CD-ROM, video and/or audio package. Needs separate form
J Structured relevant reading, video, or audio. Maximum of 30 hours per triennium
K Mentoring under CPA Program. Including time for preparing, research, training and participating
L Employer recognition program
Compliance
Each new member is given a brochure called CPD and You: An Investment in Your Future, as well as a booklet titled
My CPD Commitment. Both of these explain clearly and draw from the member a commitment to invest in their
professional future by undertaking CPD.
Each member is responsible for keeping records of their CPD activity and is audited every three years when
membership is renewed. Tools are available for them to keep these records.
There are consequences if someone does not pass an audit. Primarily, their membership status can be reduced to
Associate (i.e. not a full member), which could affect their ability to practise as a CPA. CPA Australia allows full
and partial exemptions for professional leave and special circumstances.
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Project Management Sector
Project management knowledge and competency standards have been established for some time under the
Project Management Body of Knowledge (PMBoK) which is published by the Project Management Institute. Table 3
outlines the CPD frameworks of the three main project management professional organisations.
Table 3: CPD Schemes from Three Project Management Professional Organisations
Project Management
Institute (PMI)
Australian Institute of Project
Management (AIPM)
International Project
Management Association (IPMA)
Certification • Certified Associate in Project
Management
• Project Management Professional
• Program Management Professional
(specialist certification in risk and
schedule management)
• Certified Practising Project
Practitioner (CPPP)
• Certified Practising Project
Manager (CPPM)
• Certified Practising Project Director
(CPPD)
• Certified Project Management
Associate
• Certified Project Manager
• Certified Senior Project Manager
• Certified Projects Director
Entry level • Relevant level qualification,
experience and exam
• Relevant level qualification,
experience and individual
assessment
• Self-assessment
• Written examinations
• Proven experience
• Independent third-party interview
CPD name • Continuing certification
requirements (CCR)
• Continuing professional
development
• Nil
Validity term • 3 years • 3 years • Indefinite
Maintained by • Obtaining 60 Professional
Development Units (PDUs) by
completing professional
development activities.
• Half for specialist fields
• CPPP 40 pts
• CPPM 60 pts
• CPPD 80 pts
• Application and supporting
statement/verification by
stakeholder or supervisor
Conversion rate • One PDU for one hour (60 minutes)
spent in a planned, structured
professional development activity
• Various (refer to Attachment 2)
CPD activities • Paper publishing with PMI
peer review
• Online quiz bundles
• Volunteer service
• Attendance at PMI pre-
approved programs
• Attendance at PMI global congress
• Participation in PMI
community activities
• Attendance at online and face
to face seminars
• Web based PMI PMBoK study
• Professional activities
(presentations, papers etc.)
• Self-directed research/study
or coaching
• Attendance at non-PMI
endorsed programs
• Refer to Attachment 2
Reporting/auditing
requirements
• Log activities online • Log CPD activities online
Quality assurance • Nil • Possible audit by CPD committee
19 001513_MARA_CPD_V05—090810
Project Management
Institute (PMI)
Australian Institute of Project
Management (AIPM)
International Project
Management Association (IPMA)
Comments • CPD can be drawn from multiple
areas, but it not clear that the
activities are auditable
• The basis for all CPD is weighted
toward financial support of
the member association.
Compliance audits are random
• Although no CPD Activity exists to
maintain currency or
professionalism in the sector, it
was noted with interest that the
IPMA described a three-sector
competency model which included
competencies in the following
areas: behavioural, contextual and
technical competencies
See Attachment 2 for an outline of the CPD competency framework for AIPM.
Financial Planning Association of Australia
Overview
For the Financial Planning Association of Australia (FPA), CPD is one component of a broader approach to
developing professionalism. The other components include the professional qualifications and certification and
professional accountability.
In 2007 the FPA underwent a major review and restructure of its approach to representing and protecting quality in
the financial planning sector.
The regulation of financial planning advice is not the responsibility of the FPA. Regulation of the financial services
sector is the responsibility of the Australian Securities and Investment Commission (ASIC). In preparing the
financial services sector for the full implementation of the Financial Services Reform Act 2001 (Cwlth) (FSRA), ASIC
provided education and training guidelines and registered providers and courses.
The FPA holds the licensing rights in Australia for the international designation Certified Financial Planner CFA®.
It operates and functions as a professional body, not a regulatory authority.
FPA and CPD
The FPA describes CPD as not being an end in itself, that it is continuous and directed towards maintaining
professional knowledge, skills and competence.
Their CPD policy aims to provide a genuine professional pathway and to encourage members to undertake a
broader range of educational and professional activities.
The FPA’s CPD reporting period begins on 1 July 2009 and ends on 30 June 2012.
At the centre of the FPA approach is the Professional Development Plan (PDP), which is considered crucial to
capturing personal needs and development activities.
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The FPA has developed a Professional Dimensions model which captures six components that should be included
in every member’s CPD:
• capability – the technical skills and knowledge needed to advise clients
• attributes and performance – skills in building professional relationships and improving individual
professional performance
• professional conduct – all the skills and knowledge that go into making good, informed and client
centred decisions
• critical thinking – the ability to process complex knowledge and create new solutions
• interdependence – engagement with the profession and the wider community
• reflective practice – take opportunities to reflect upon one’s own professional practice.
Table 4: Snapshot of FPA’s CPD requirements (1 hr of activity attracts 1 CPD point)
CFP® Practitioner Members Associate Financial Planners (AFP)
CPD points 120 points per triennium – minimum of 35 points
per year
90 points per triennium – minimum of 25 points
per year
Non-accredited CPD Capped at 60 points (50%) per triennium Capped at 45 points (50%) per triennium
Professional conduct requirements 3 points specifically on ethics
Content requirements The PDP forms the basis of CPD activity – engage in a broad range of CPD education across all dimensions
Record keeping (must keep for
5 years)
Professional Development Plan CPD activity register evidence for non-accredited training
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Medical Profession in Australia
Overview
The medical profession has a complex structure of regulation and oversight. Simply stated though, state laws
determine the registration of medical practitioners, the Australian Medical Council (AMC) oversees education and
entry standards, and Specialist Colleges divide and represent the profession into specialist knowledge and
practice groups.
The AMC is responsible for setting the standards regarding entry into and operation within the Australian medical
profession. The AMC manages the recognition and verification of entrants from within and outside Australia
(although not professionals operating outside Australia). The qualification, practice and registration processes are
clear and are intrinsically linked to long-standing institutions of medical practice such as hospitals, specialist
colleges and sole practices, whether general or specialist.
There are 12 specialist Medical Colleges of Australia that come together under the Committee of Presidents of
Medical Colleges (CPMC) as their unifying organisation and as a support structure for policy and general
representation of the profession.
The CPMC seeks ‘to ensure the ready availability of high quality medical care in all medical disciplines, delivered in
accordance with accepted ethical principles. Its continuing aim is to support the Colleges in the provision of an
adequate, well-qualified, experienced and capable medical workforce to serve the best needs of the community’.2
The individual member Colleges are responsible for the determination and maintenance of standards for their
respective disciplines and for the training and education of medical specialists in that discipline.
The CPMC together with the federal government recently commissioned the development of a CPD framework to
guide the profession as a whole. This framework is known as LEAP.
Representation of the Profession – Medical Colleges3
The registration of medical practitioners in Australia is a state and territory responsibility and is regulated by
separate legislation in each state. The state and territory medical boards are the designated legal authorities to
administer registration.
The states and territories have adopted uniform minimum requirements for initial registration as a medical
practitioner based on where qualifications were attained. There are two standard registration categories: with and
without conditions. For both categories of registration, applicants must satisfy the relevant medical board that they:
• have an adequate command of English for the practice of medicine
• are of good reputation and character
• have the physical and mental competence to practise medicine.
2 Information gathered mainly from the AMC website <http://www.amc.org.au/> (accessed June 2010). 3 Ibid.
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Basic medical registration in Australia requires a practitioner to complete a comprehensive program of training and
examination. A specialist medical practitioner must complete an additional program of advanced training and
examination after completing their undergraduate medical degree and intern training.
Basic medical training consists of a:
• primary medical degree
• 12-month internship in approved/accredited posts.
Specialist medical qualifications require training and education for each medical specialty dependent on the type of
clinical medical practice, but can be summarised as:
• pre-vocational training involving broad practical clinical experience in the intern and second postgraduate
years, during which career aspirations are clarified
• vocational training in a chosen specialty.
CPD in the Medical Profession
The requirement for CPD is a clear requirement for all medical practitioners. It is also a component of fellowship
(membership) with all of the specialist colleges. However, CPD is still required to be accredited through the AMC.
The accreditation of a specialist medical education and training program is very involved and reflects the processes
used at the tertiary education level with submissions, expert review and assessment teams, site visits etc. The
Code of Conduct for Medical Doctors in Australia requires a commitment to continuing professional
development:”Development of your knowledge, skills and good behaviour must continue throughout your
working life”.4
In 2002/3 the CPMC commissioned a project to develop a framework for the CPD of medical practitioners
in Australia.5 The result of this project is the LEAP Framework (which stands for Learning, Education and
Professionalism).6 The LEAP Framework is structured around a matrix of three strands that are further broken down
into 10 components of professionalism and then three levels of CPD activities.
The LEAP Framework is underpinned by a conceptual framework of what professionalism is for medical
practitioners and acknowledges the wider range of skills, knowledge and attitudes considered relevant to the
practitioner’s role.
The result is the identification of three strands, which are further broken down to identify their components, these
still being general areas of skill/knowledge (or competencies).
The framework is completed with an overlay of three levels of CPD activities reflecting approaches or methods
designed for the acquisition, application and impact of knowledge and skills (competencies). The CPD activity
levels relate to the following:
4 From Good Medical Practice: A Code of Conduct for Doctors in Australia, July 2009, p. 21, available at <goodmedicalpractice.org.au/wp-
content/downloads/Final%20Code.pdf> (accessed June 2010). 5 Notes from Continuing Professional Development for Medical Practitioner: An Overview, available at the RANZCOG website <http://www.ranzcog.edu.au>
(accessed June 2010). 6 Information can be found at <http://www.ranzcog.edu.au/leapframework/index.shtml> (accessed June 2010).
23 001513_MARA_CPD_V05—090810
Level 1: Knowledge and skill. Measurement is not presented as important at this level because these are the
activities that will be chosen to compile an individual’s CPD plan and the measurement comes through Level 2
and 3 activities which are practice and/or project base.
Level 2: Change-facilitating activities. These refer to activities that collect data related to the objectives of Level 1
activities. The important thing here is that there are a variety of tools that can be and should be available to collect
data (e.g. observations, meetings, opinion-leader visits, auditing, client reviews, tests and simulations). The aim is
to gather evidence of the application of knowledge and skills.
Level 3: Change-evaluating activities. These refer to activities that measure the effect of CPD
activities/interventions.
Table 5: Outline of the LEAP Matrix
Strand Components Level 1 Activities
Focus on knowledge
and skills
Activities relating to
knowledge or skill in
this component
Level 2 Activities
Change-facilitating
activities and strategies
Activity that facilitates the
application of this knowledge
or skill in the workplace
Level 3 Activities
Activities that
evaluate change
Activities that assess, measure
and/or evaluate the attainment
of the component objectives
Strand 1 Components 1, 2, 3 etc
Strand 2 Components 1, 2, 3 etc
Strand 3 Components 1, 2, 3 etc
In essence, although all are managed individually, each of the specialist colleges institutes a CPD scheme as a
component of their fellowship and these schemes are competency and practice based.
Legal Sector in Australia
Overview
The regulatory framework for the legal profession is currently being reviewed with a view to reform that will
institute a national regulatory framework to replace the current state-based system. Hence, only a brief outline of
the sector will be attempted for the purposes of this report.
To practise law in Australia, duly qualified and experienced persons need to hold practising certificates in the
states within which they practice.
State law societies require members to undertake CPD as a requirement of their membership (except in South
Australia and Tasmania which do not currently require CPD to be undertaken).
In 2007 the national CPD taskforce released a report called A Model Continuing Professional Development Scheme
for Australian Lawyers. As a model/framework for CPD, the report offers guidance to law societies regarding the
development of their CPD schemes.
Although not uniformly adopted by all state law societies, it does provide a framework for CPD in the legal
profession. The individual state schemes are summarised in Table 20 of Attachment 3.
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Understanding CPD in the Legal Sector
The model/framework outlined in the above report is underpinned by the following five key principles:
1. that mandatory legal educational schemes should be known as continuing professional development
(CPD) schemes
2. that the purpose of a CPD scheme is to enable lawyers to develop and expand their professional competence to
meet their obligations to provide ethical, effective and competent service to their clients
3. that the CPD scheme model applies to all lawyers engaged in legal practice in Australia
4. that CPD should:
(a) be compulsory rather than voluntary
(b) be practical in application rather than theoretical
(c) be logically structured and flexible enough to enable all lawyers to meet the requirements by completing a
program that is relevant to their particular area of practice, location and years of experience
(d) be easily administered and internally consistent
(e) be transparent in application and equitable in terms of the demand it places on all lawyers
(f) use a common language and be easy to communicate
(g) focus on learner needs as well as organisational interests
5. CPD events should:
(a) be cost effective to provide and affordable for consumers
(b) provide equity of access
(c) be of an appropriate standard or quality.
Some of the elements of a model scheme including indicative CPD activity types and points values for activities are
as follows:
• a reporting period
• a minimum number of 10 points required to be accrued
• a minimum number of points dedicated to core areas
• descriptors regarding the nature of CPD content
• private study not to be accepted as CPD
• no need to accredit providers or activities
• exemptions available
• practitioners maintain their own records and are responsible for proving compliance
• options are to be available to address non-compliance.
Core topic areas on which CPD should be available (but not exclusively) are:
• practical legal ethics
• practice management and business skills
• professional skills.
Refer to Attachment 3 for an overview of the CPD schemes for the various state law societies.
25 001513_MARA_CPD_V05—090810
Conclusions
The most significant development in all the industries profiled here has been the development of a CPD framework
and how the process of developing the framework facilitated the clarification of professional standards, the
development of competency frameworks that reflect these standards and clear strategies for how to achieve and
measure these standards through CPD (as well as other ways).
Although the level of complexity of the various schemes varied they all encompassed a clear purpose of building on
entry-level knowledge and skills and focusing on the maintenance of professional standards through CPD and the
demonstration of these professional standards through work-based practice.
Most frameworks reflected a mixed approach using both outcomes and input strategies with a growing tendency
towards outcomes-focused CPD activities and measuring strategies.
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Leading Practice in CPD
Effectiveness in CPD This section summarises findings drawn from significant research projects examining CPD practice
and effectiveness.
The Function of CPD
Historically, professionalism developed through journals, gatherings and academia. In the 1970s, the OECD coined
the term ‘recurrent education’ and in the 70s and 80s emerged notions of lifelong learning and adult learning. Early
adopters of CPD were the medical, legal, engineering, and building professions.
All definitions of CPD have two common components:
1. skills, knowledge, understanding or expertise
2. personal qualities, attitudes, potentialities.
Generally speaking, the function of CPD was summarised in terms of accountability and/or development
(almost seen as mutually exclusive). Accountability usually related to a regulatory function and development to
a career/professionalism function.
Table 6: The Difference between Accountability and Development Approaches
Accountability Versus Development
Information related to duties Process of review and development
Judgment by superior Focus on improvement
Standardised criteria Forward looking
Backward looking/one way Selective
Linked to ratings or grading Two way
Validated by written record Shared evaluation
Agreed targets
Individualised
Outcomes focused
CPD is therefore a relatively new phenomenon and the notion of measuring events for effectiveness is even newer.
27 001513_MARA_CPD_V05—090810
Ineffective CPD
Historically, measures of CPD effectiveness have focused on inputs (hours of attendance over a period of time),
for which the measurement has been attendance records and/or self regulation. This reflects an acceptance that
effectiveness is based on the notion that [any] ‘activity’ is ‘good’. Ineffective CPD or ‘not good practice’ has two
main characteristics:
• the predominate use of printed educational materials as stand-alone rather than as a component of a
blended design
• conferences, lectures, workshops, seminars or meetings where experts stand up and speak to the group,
without structured opportunity for discussion, doing case studies, interactivity with peers.
The traditional model of CPD, the course lead model described below, is considered ‘weak’ in and of itself. The
traditional model is characterised by the following:
• off-site courses for individuals (as opposed to teams)
• no direct link to needs
• voluntary, therefore not sure if those that should be attending are attending
• random in relation to need
• limited impact on practice, no dissemination and no follow-up
• disrupts business as usual
• expertise difficult to verify
• tries to cater for ‘one shape fits all’; not sensitive to the different starting points of participants.
These activities are usually well received and popular with users and it is recognised that they may improve
knowledge, but they are not considered the best way to improve practice skills and behaviour.
Effective CPD
Research in the medical profession evidences that there has been a shift away from ‘the relatively narrow focus of
maintenance of skills programs to the broader concept of CPD that acknowledges the wider range of skills,
knowledge and attributes now considered to be part of professional practice7.
The emerging trend in what is considered effective CPD is in essence a shift to workplace-based education and
training and development, and scenario-based learning. Research concluded that this model would achieve greater
relevance for the user and result in a longer-term impact on the user’s skills and behaviour.
Recent developments in structuring effective CPD frameworks focused on the following areas:
• before – needs analysis = targeted training = planning and portfolio approach
− standards and frameworks in place
• where – marrying professional and workplace needs
− embedded in professional performance appraisals
• after – include feedback, reflection and evaluation to look at impact on practice/behaviour
− feedback systems and impact assessments drive development.
7 Continuing Professional Development for Medical Practitioner: An Overview (RANZCOG), p. 1, <http://www.ranzcog.edu.au> (accessed June 2010).
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001513_MARA_CPD_V05—090810
The literature on leading practice CPD models and their components (especially in relation to determining
value measurement) was derived from the work of Kolb8 on the learning cycle (see Figure 1). Kolb’s learning cycle
7
refers to:
• concrete experience – doing/having and experience
• reflective observation – reviewing/reflecting on experience
• abstract conceptualisation – concluding/learning from experience
• active experimentation – planning/trying out what you have learnt.
The research summarised the nature of leading practice in CPD design as design that combined theory, modelling,
practice, feedback and coaching activities.
The major emerging themes regarding the challenges facing CPD programs included:
• moving to outputs/outcomes-focused CPD systems
• effective and affordable monitoring strategies
• that for any CPD program to ‘work’, it needs the co-operation, goodwill and responsibility of
individual professionals.
The conclusion regarding effective CPD is that it is not enough to attend an activity; there is also the need to reflect
on it and apply it. Most papers addressing effectiveness referenced the CPD cycle of planning, action, evaluation of
learning and reflection, and that any value measurement of CPD should address each component of the cycle as
well as the whole of the cycle.
8 Kolb, D. A. (1984) Experiential Learning, Prentice-Hall., Englewood Cliffs, New Jersey.
29 001513_MARA_CPD_V05—090810
Figure 1: Modified from ‘Approaches to continuing professional education (CPD)
measurement’, Information Paper, June 2008, IFAC
CPD
Planning
How can I learn
Action
Learn/implement plan
Evaluation
What have I learnt?
How will it benefit me?
Reflection on Practice
What else do I need to know/be able to do?
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Modelling Leading Practice in CPD
A leading practice model of CPD needs to have planning and evaluation as its cornerstones and reflect outcome
objectives as well as input objectives.
Emerging trends clearly indicate that outputs are on the rise as a key and preferred measure of CPD.9 The move to
outcome strategies and measures more closely addresses the objectives of a profession in using CPD and
facilitates effective planning and evaluation.
Table 7: The Difference Between Input and Output
Input vis a vis Output
Points/ value Based on objectives (not solely activities)
Standardised measure Measure acquisition of knowledge
Based on appropriate/approved activities Measure behaviour change
Inputs-focused CPD proven to be vulnerable to abuses Need various diverse tools to measure, i.e. not standardised
Planning is needed because it is:
• more proactive
• more closely linked and dependent on the development of a competency framework
• geared towards individuals deciding/knowing in advance what they are aiming to achieve, by developing a
personal CPD plan
• capable of involving professional development partnerships – that is, buddy systems (peer to peer), mentors
(mentor more experienced, learning experience), peer groups and networks.
Evaluation encompasses the following:
• outcomes-focused measures which concentrate on whether competence/capability has been developed. To be
able to do this, competence statements are needed as benchmarks. Assessment is usually workplace based, or
work simulations and observations. Self-assessments and examinations are also used.
(NB: Process measures that focus on the decisions and activities of policy makers and administrators are often
found in regulatory environments.)
• outcomes/outputs-focused evaluation reflects Levels 3 and 4 of the Kirkpatrick model (see Table 8) and
requires a competency framework within which assessment/measure needs to be situated
• tools/techniques linked to Levels 3 and 4 evaluation activity include:
− outcome credit scales, where, based on evidence, professionals can self-assess such issues as relevance
and usefulness, change in knowledge and behaviour, result/impact on client group
− reflection, which was seen as having two phases: the writing/thinking phase and the talking/showing
phase. Reflection is linked to transformational learning as a key to behavioural change
9 Approaches to Continuing Professional Development Measurement, PARN Global, 2008, noted that when the outputs of CPD were increased confidence
and behavioural change was more evident and measurable.
31 001513_MARA_CPD_V05—090810
− other techniques included structured storytelling/narratives shared with peers (what happened, why, what
was expected, what the experience meant and its impact on practice).
It is important that any evaluation strategy chooses a mix of approaches because of the need to balance validity
and reliability with cost.
Kirkpatrick Evaluation Model
Kirkpatrick is probably the most widely recognised and used evaluation model for learning and development
interventions. It is structured at four levels each described briefly below.
Table 8: Kirkpatrick Model of Evaluation10
Level Evaluation type (what
is measured)
Evaluation description
and characteristics
Examples of tools and methods
1 Reaction Reaction evaluation is how the delegates felt
about the training or learning experience
eg, 'happy sheets', feedback forms, also
verbal reaction, post-training surveys or
questionnaires
2 Learning Learning evaluation is the measurement of the
increase in knowledge – usually assessed pre
and post event
Typically assessments or tests pre &
post training
Interview or observation can also be used
3 Behaviour Behaviour evaluation is the extent of applied
learning back on the job - implementation
Observation and interview over time are
required to assess change, relevance of
change, and sustainability of change
4 Results or Outcomes Results evaluation is the effect on the business
or environment by the trainee
Measures are already in place via normal
management systems and reporting - the
challenge is to relate them to the trainee
10 Summarised from Kirkpatrick 1954, Kirkpatrick's Four Levels of Evaluation
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Leading Practice in Online, e-learning
and Private Study The online medium offers broad scope to a CPD scheme. It can be understood as a delivery mode for actual
CPD events as well as a mechanism to ‘enable’ and operationalise a CPD scheme. For the purposes of this report
we will define CPD activity delivered via online as e-learning and the ‘enabling’ function as CPD scheme
management online.
e-learning/Private Study
e-learning basically refers to a learning activity that is enhanced when technology is used to support the learning
process. Typical enhancements include the following: streaming audio/video presentations, podcasts, web
seminars/webinars/video conferencing, electronic exams or integrated multiple-choice questions (MCQs) or open
answer tests.
Private study can be known as distance education or as independent study. It can be based on traditional methods
of education (without face to face contact) or e-learning.
All types of CPD activity need to be guided by the CPD framework (which is presented in detail further on in the
report) and reflect the leading practice modelling outlined above. This includes e-learning and distance education
options. In essence, these options are simply alternative-delivery options that address diversity issues in learning
styles and access to CPD affected by location and opportunity. The choice to undertake CPD online through
e-learning programs is essential to any CPD scheme.
The important considerations for the development of e-learning options do not differ from those that underpin
development of other types of CPD. Some of these considerations are as follows:
1. have clear learning aims and objectives
2. have clear statement of outcome related to knowledge, attitudes, behaviours and skills
3. be relevant to the user needs
4. incorporate quality controls and evaluation, feedback exercises
5. require evidence of completion.
CPD Management Online
A CPD management tool online can offer:
1. input-orientated recording of activity and availability of CPD
2. output-orientated, online planning tools to develop (e)portfolios (linked to a competency framework), as well as
reflection, self-assessment and peer-review tools.
33 001513_MARA_CPD_V05—090810
Current CPD Scheme of
Migration Advice Profession This section of the report covers an analysis of the current CPD scheme regulated by the Office of the MARA.
Overview
The Office of the MARA is responsible for regulating the standards of migration advice in Australia to protect
consumers of migration advice.
The Office of the MARA monitors these standards in the following ways:
1. through a registration process where people wanting to provide advice need to apply for registration
as an agent
2. through a process of approval of education and CPD programs offered by third-party providers.
3. through a complaints mechanism
4. monitoring of the registration of migration agents.
Migration agent registration is open to:
• lawyers holding a current licence to practise law in their respective states
• individuals that are graduates of the Graduate Certificate in Australian Migration Law and Practice
• immigration advisers registered in New Zealand under the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
Education and CPD products need to comply with regulations and be approved by the Office of the MARA.
From 1999 to 2006, a variety of ‘special’ transition requirements for registration existed to integrate existing agents
that did not satisfy the changes to registration requirements.
The responsibility for addressing ‘competency’ to give ‘good quality’ advice and to qualify for re-registration is
heavily weighted toward CPD.
Currently there is no staged induction or ‘intern’ type program.
Registration of the Profession
Migration agents are registered simply as registered migration agents (RMAs). There is only this one
category of registration. There is no recognition of expertise in specialist areas or years of experience in the
registration category.
Hence, there is no ‘designation’ system that differentiates between years of service or experience (as might be the
case for a membership organisation). Hence, as a sector, it is ‘flat’, generic and undifferentiated.
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Objectives of CPD
The core objectives of the Office of the MARA relevant to CPD are that registered migration agents:
• understand their obligations in relation to CPD
• maintain appropriate knowledge and skills to enable them to provide accurate and timely advice to consumers.
CPD Framework
The Office of the MARA addresses their objectives in relation to CPD by:
• approving activities based on learning outcomes reflective of the code of conduct – CPD activities are
categorised as either mandatory, core or elective
• registering providers that can offer CPD – approval is based on compliance with prescribed administration
processes and activity-development criteria, with little differentiation relating to type, nature, subject matter
expertise, location or target market
• periodic monitoring of providers (similar to an audit type activity).
Competencies are mainly derived from the code of conduct which informs mandatory and core CPD and the learning
outcomes of ‘other’ CPD. No formal competency framework exists. There is no evidence that standard CPD
activities include skill acquisition, application of knowledge through practice, or positive behaviour development;
most are knowledge based.
Compliance and Recording
The measure of achievement of the CPD requirement for RMAs is a points system. An RMA’s requirements for
re-registration include completing 10 points worth of CPD in the 12 months prior to re-registration. Points need to
comprise six CPD activities designated as mandatory/core and four activities designated as elective.
Compliance is recorded online through the uploading of completion information by CPD providers; this is then
matched to RMAs on the Office of the MARA agent-registration database. RMAs do not themselves need to report
completed CPD to the Office of the MARA.
The value of points reflects active delivery time of a CPD activity. The only weighting of activities differentiates
between face-to-face and non–face-to-face activities. Almost all face to face activities are equivalent to one CPD
point for each 1.5 hours of active participation in an approved activity. Other activities require more input of ‘time’
to acquire the one CPD point. A few exceptions exist such as in house CPD or additional assessments.
Almost all activities are traditional course-type activities with knowledge the main outcome and the only
assessable outcome. Even the online and private study options are based on traditional learning models
and approaches.
CPD activities are categorised as either mandatory, core or elective.
Mandatory CPD basically reflects what are considered to be essential skills and knowledge for providing advice
and operating an advisory business. There are four areas considered mandatory: accounts management, business
management, ethics and professional practice and file management.
35 001513_MARA_CPD_V05—090810
All RMAs need to undertake at least four CPD points in mandatory CPD in their first year of registration. This is not
affected by registration pathway or other CPD undertaken.
The development of mandatory CPD activities is ‘prescribed’ by the mandatory activity learning outcomes guides for
each area.
Most approved activities are categorised as either core CPD or elective CPD. The treatment of core CPD is
consistent with the Office of the MARA’s general approach to weighing and developing CPD. Elective CPD can vary
in points per hour value. Attachment 4 provides an overview of the current offer.
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CPD User Survey Overview
of Findings An electronic survey was sent to all RMAs. The aim of the survey was to elicit comment about understanding, use,
motivations, and suggestions for improvement of the Office of the MARA’s CPD scheme.
In the survey, 4,465 RMAs were emailed by the Office of the MARA; 874 surveys were undertaken beyond basic
demographic data and 789 surveys were completed. This represents a response rate of 20%. The profile of
respondents was very representative of the broader RMA cohort. Hence, there is a high level of confidence in
reporting the findings of the data that they are representative of the RMA sector.
Motivation
This section explores respondent’s motivation for undertaking CPD.
Table 9: Reasons for Undertaking CPD
Scale: 1 = Not important, 4 = Neutral, 7 = Very important Percentages
Reasons I do CPD 1 2 3 4 5 6 7
To maintain and improve my skills and knowledge 3 1 1 7 10 12 67
88%
To improve the services I provide to my clients 4 2 1 11 12 12 58
82%
To maintain my registration 3 1 1 8 5 8 75
88%
To keep up to date with changes and new information 3 1 1 5 9 13 67
90%
To meet other agents and share experiences 12 4 6 23 17 14 24
55%
The main reason respondents undertake CPD is ‘To keep up to date with changes and new information’. This is
followed very closely by ‘To improve knowledge and maintain registration’. The least-strong motivator to do CPD is
‘To meet and share experiences with other agents’, but the comments belie this a little, and maybe the question
was not well written.
Even though ‘to meet other agents and share experiences’ did not rate very high, several comments mentioned the
importance of networking and discussion, of mixing experienced and less-experienced agents and that experienced
agents look for more opportunities to share and discuss practice as well as law matters.
37 001513_MARA_CPD_V05—090810
Other motivators for attendance at CPD in order of frequency of being mentioned are:
• share experiences and discussion of complex issues with other agents
• meet/hear from DIAC officers and develop contacts/networks with the department.
Otherwise, the comments represent negative reflections of respondents on aspects such as lack of choice,
unsatisfactory content, and lack of quality presenters.
Effectiveness
This section explores the effectiveness of CPD.
Table 10: Reflecting on CPD Recently Completed
Scale: 1 = Strongly disagree, 4 = Neutral, 7 = Strongly agree Percentages
Level of agreement with the following statements 1 2 3 4 5 6 7
It maintained and improved my knowledge and skills 4 3 3 14 20 23 33
77%
I learned something which has helped me improve the services I provide to
my clients 5 3 3 16 21 23 29
73%
It kept me up to date with migration changes 5 3 3 14 19 25 32
77%
It provided the opportunity to meet other agents and share experiences 5 5 5 28 22 16 18
56%
I learned something that was valuable 4 3 3 16 23 21 29
73%
I learned something which has helped me to run my business better 8 5 7 28 17 16 18
51%
I feel more equipped to provide sound and effective advice 5 4 4 22 22 20 23
65%
It enhanced my understanding of ethical responsibilities 8 5 5 29 17 18 19
54%
It improved my ability to provide accurate and timely advice 7 3 5 25 20 18 22
60%
The tendency for respondents to choose the neutral option instead of being outright negative may denote some
ambivalence toward the statements.
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Considering the strong responses (in the high 80% range) for what motivates agents to undertake CPD the fact that
the corresponding quality statements did not reflect the same levels of response again indicates a disjuncture
between expectations and experiences. The main areas of concern are in the lack of contribution by CPD to the
areas of running an RMA business, understanding of ethical responsibilities and opportunity to meet other agents.
These three areas are addressed by agents in the general comments section at the end.
Table 11: What agents would have found useful when they first registered (responses from
agents registered three years or less)
Scale: 1 = Not useful, 4 = Neutral, 7 = Very useful Percentages
Title 1 2 3 4 5 6 7
A longer entry-level course that includes work placement 15 4 3 29 11 10 29
50%
A structured induction program after completing the Graduate Certificate 9 3 4 23 14 13 34
61%
A period of supervised practice with an experienced agent 9 2 2 16 11 13 46
71%
A mentoring program that partners you with a more experienced agent 6 2 1 13 9 22 47
78%
Coaching by experienced agents in various topics 4 2 1 12 11 22 48
81%
Networking opportunities and support 4 3 1 16 13 24 41
78%
The responses to this question demonstrate overwhelming support for interaction with and support from more
experienced agents in the early years of registration. This is further supported by the comments, the majority of
which highlighted the value of ‘supervised practice with experienced agents’.
The notion of this being done as part of the Graduate Certificate did not attract much support. It is not clear if
it is the idea of a structured mentor/placement program that was not attractive or that it was associated with
the Graduate Certificate. This observation is prompted by criticism of the Graduate Certificate expressed in
the comments.
39 001513_MARA_CPD_V05—090810
Delivery of CPD
Although 81% of respondents felt there was enough CPD available to meet needs, the question generated a
significant amount of comment.
Table 12: Preferred Way of Meeting CPD Requirements
Scale: 1 = Not preferred, 4 = Neutral, 7 = Highly preferred Percentages
Title 1 2 3 4 5 6 7
2-day CPD conference 23 3 4 20 10 13 27
50%
1-day CPD conference 13 2 2 17 11 17 38
66%
Seminars 5 1 1 19 17 21 36
74%
Workshops 10 3 3 21 18 18 27
63%
Private study (online) 19 4 5 26 13 11 22
46%
Private study (correspondence) 28 7 6 31 9 8 10
27%
Publishing articles 28 6 7 35 9 7 8
24%
Authoring and presentation of CPD 27 5 6 34 10 9 8
27%
Programs of education 25 7 6 36 11 9 6
26%
Additional assessments 23 3 4 20 10 13 27
50%
The preferred method for meeting CPD requirements is clearly seminars, workshops, and/or conferences. It is
noteworthy that undertaking additional assessments was rated high by 50% of the respondents.
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Table 13: Ranked order of what is important when choosing CPD
Scale: 1 = Least important, 6 = Most important Percentages
Title 1 2 3 4 5 6
The cost of the activity 14 9 16 18 19 23
42%
The duration of the activity 7 12 19 25 26 10
36%
The time of year the activity is offered 25 21 18 19 11 6
27%
If I think it is a quality activity 5 7 15 12 17 45
62%
The location of the activity 12 28 17 17 19 7
26%
The number of points in the quickest and easiest way 37 22 14 9 9 9
18%
Quality was overwhelmingly the most important criterion for selecting CPD, with cost the second most
important but not significantly so. The number of CPD points and the perceived ease of the activity were the least
important criteria.
Table 14: Level of agreement of statements about CPD
Scale: 1 = Strongly disagree, 4 = Neutral, 7 = Strongly agree Percentages
Title 1 2 3 4 5 6 7
I never think about CPD 44 12 7 22 7 4 4
15%
I only really think about CPD just before I need to renew my Agent’s
registration 37 16 7 17 7 7 9
23%
I look for CPD to help me stay up to date with changes 5 2 3 13 13 15 50
78%
I am really happy with the CPD I have completed 6 5 7 22 19 19 23
61%
The trends reflected here reinforce previous trends and findings that RMAs predominately look to CPD to maintain
their currency of knowledge.
41 001513_MARA_CPD_V05—090810
The high percentage who actually strongly disagreed with the statements that they never think about CPD and that
they only think about it in relation to re-registration is encouraging – the motivation for CPD is about
professionalism, not regulation.
The 61% that agree or strongly agree that they are happy with CPD denotes that CPD is well received and
purposeful for many.
Purpose
This section explores respondents view on the purpose of CPD.
Table 15: Purposes of CPD in order of importance
Scale: 1 = Least important, 5 = Most important Percentages
Title 1 2 3 4 5
To stay up to date with information on migration 2 6 13 21 58
79%
To assist Agents to provide improved services to their clients 5 16 34 39 5
44%
To maintain and improve the skills and knowledge of agents 2 9 38 29 22
51%
So Agents can renew their registration 30 41 9 6 14
20%
To meet other agents and share experiences 60 28 6 4 2
6%
Currency of knowledge and improvement of skills are the most important reasons for CPD. The second least
important (significantly so) is for re-registration purposes. The least important purpose is interesting considering
many of the comments.
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Table 16: Satisfaction levels that CPD helps agents
Scale: 1 = Not satisfied, 4 = Neutral, 7 = Very satisfied Percentages
Title 1 2 3 4 5 6 7
Maintain and improve your skills and knowledge 4 3 3 17 18 24 31
73%
Improve the services you provide to your clients 5 4 5 22 21 22 22
65%
Maintain your registration 2 1 1 15 10 20 49
79%
Keep up to date with changes and new information 4 2 2 15 18 27 33
78%
Meet other agents and share experiences 8 7 5 35 16 15 15
46%
The low importance given to option of ‘meet other agents and share experiences’ could mean that agents are not
given the opportunity to engage with each other at CPD, which is reflected in free text comments later in the
report, or that they are not interested or that they do not see CPD as an appropriate vehicle for this activity. This
response impacts on the viability of introducing some form of Communities of Practice. Comments though lead to
strong support from experienced agents and strong desire from less-experienced agents for mentoring/coaching
opportunities and the need for experienced agents to participate in a different style of CPD to that currently
dominating the offer.
Qualitative Analysis of Comments
Respondents were offered ample opportunity to provide comment. In particular the last question was an
open question that was answered by over 70% of respondents. Below is a grouping of the themes that emerged
from the comments.
The Purpose of CPD
Many comments reflected that the purpose of CPD was generally too broad; that it took a ‘one shoe fits all/fixes
all’ approach and that, as a consequence, it lacked focus. This was reflected in comments about compliance and
practice issues being different from each other and requests for differentiation by type of agents, specialist areas,
and degree of experience.
43 001513_MARA_CPD_V05—090810
The needs of experienced agents compared to those of new agents were repeatedly mentioned as being different,
mainly in that:
• experienced agents want more peer-based and interactive CPD, with the opportunity to share knowledge
and concerns
• for new agents the notion of how best to become ‘practice ready’ was mentioned repeatedly.
The general theme was that CPD should consolidate knowledge and give guidance on the application of this
knowledge BEYOND the basics.
Commitment to Professionalism
Keeping up to date on developments was clearly a strong motivator for agents to undertake CPD. Comments also
reflected a strong commitment to professionalism through comments like ‘good agents kept themselves up to date
on developments everyday outside of CPD’. To build on this, comments expressed a desire for: opportunities to
explore and discuss changes and developments with colleagues, peers and experts; to focus on how they are best
applied; and to have access to DIAC officers in this type of setting.
The issue of appropriate CPD for legal practitioners was raised in various guises, ranging from that they should not
have to complete CPD, to saying that their continuing legal education (CLE) should count towards CPD requirements
(and vice versa), to stating that CPD must be much improved to satisfy their expectations.
Quality of CPD
Issues raised regarding quality tended to focus on CPD being too general and not providing opportunity for delving
into discussion and examination, asking questions and exploring the complexities often accompanying updates.
A strong desire was expressed to practically work through the ramifications of information and to have a mixed
audience with which to do this.
Also affecting quality was the perception that CPD took a ‘one shoe fits all’ approach, so activities were low level
targeting the lowest common denominator, general, assumed little experience and were not practical. Experienced
agents found this annoying and disheartening.
Although the cost of CPD (both actual and productivity related) was a general issue for some, most were annoyed
that what they paid for CPD was ineffective, not that they paid for CPD in the first place.
The themes emerging from findings (in order of frequency) were as follows:
1. more practical sessions as workshops where participants interact with each other – basically a less academic
and more adult-learning approach to the design of CPD
2. more interactive activities with debates, discussions, brainstorming, sharing of experiences and stories with
more case studies, practical examples to work through
3. more variety of topics and depth of complexity and engagement with participants and subject matter dealing
with complex issues
4. more relevant and targeted CPD that is focused on narrower topics that are tailored to address specific areas
or issues
5. smaller groups to allow for interaction and questions (many commented on the conferences having
200+ attendees)
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6. better-quality handouts, meaning not information that was already available on the internet, but ‘case notes’
on issues as well as best-practice examples (for some, that there be handouts at all)
7. ensure there is question time built into the time allocation for CPD; it seems that CPD timed for 1.5 hours runs
out of time to deal with questions because current structure focussed on delivery time and inability to offer
more points for more time
8. cheaper options, although the cost issue is also closely related to the quality issue overall, agents did comment
that the cost of compliance for re-registration annually (not just CPD) was very high
9. shorter/sharper – m any did favour the blitz approach, but just as many disliked it
10. a lot of respondents expressed concern over the quality of CPD and that the Office of the MARA needed to
focus on this issue; this translated to other points which will be mentioned below.
Presenters
Comments regarding presenters were mixed, with, on the one hand, there being concerns about the quality of
presenters and on the other hand questioning the credentials of presenters. The most repeated comment regarding
improving CPD was to have more involvement from DIAC officers. The benefits respondents stated from an
opportunity to interact with DIAC were mixed: some for updated information, others wanting to meet and develop
relationships with DIAC personnel, the view that DIAC is a significant stakeholder in their operations and a key to
offering better service, having DIAC appear in discussions or panel type discussions about different changes, their
impact and application, etc.
The following quality issues were raised in relation to speakers/presenters:
• unable/unwilling to engage participants
• too passive, speaker based
• unable/unwilling to answer questions
• too tightly bound by a program rather than addressing participants’ interests.
There was an underlying reflection that good presenters were not always discernable by the length of time in
practice (responding to the key criterion for being approved to present CPD being at least five years experience).
Type of CPD Offered
There were no consistent themes that reflected on the nature or type of CPD. Instead, what seemed to be
important was that, regardless of the type of CPD, that activities should be of a high quality, effective, and value
for money.
Several respondents used the comments sections to ask for online, private study and self-study options to be more
available, more accessible, more flexible, and more cost effective. Certainly these options were raised by agents in
isolated areas and overseas, but they also emerged as preferred learning modes generally. This was complemented
by requests for more online social networking options such as chat rooms.
Nature of CPD
The current structure of mandatory, core and elective CPD with a point value of 1 CPD point for 1.5 hours of CPD
was called into question several times, if not directly, then through the critiques put forward. The main issues
raised referred to the fact that the length of CPD (which earns the point value) does not reflect quality; that
somehow the requirement that 1.5 hours be delivered before a CPD point can be claimed affects the delivery of the
45 001513_MARA_CPD_V05—090810
CPD, making some sessions too long and others too short and devoid of interaction, question and engagement
time; and that different point values should be awarded for CPD that was more interactive and outcomes focused,
regardless of the time commitment.
In regards to mandatory CPD there were several comments that reflected opinions that it was too broad, too low
level and too repetitive, and that the longer an agent was in practice the less value it presented for them.
Respondents reflected on it being unchanging and, hence, repetitive when undertaken a second time, low level for
experienced agents and too soon after the Graduate Certificate to offer anything new for new agents.
Summary of Survey Findings The agents that responded to the survey showed a keen interest in and in some cases passion towards CPD. This is
obviously a motivator for them to complete the survey.
There did not seem to be any significant aversion to taking responsibility for their professional development and for
their CPD obligations.
Generally, the need for CPD was well understood and CPD is being undertaken as required (if in some
cases unwillingly).
In general responses indicate that the current CPD scheme is satisfying users in relation to both quality and
purpose. This is balanced, interestingly, by the fact that the main concerns raised by the respondents through
comments were also about quality and purpose of CPD activity.
This possibly reflects some disparity between experiences and expectations as well as a keen interest to
influence the future direction of CPD through suggestions for improvement. Comments reflected a keen interest in
influencing the content and design of CPD to better align with the needs and expectations of migration agents as
professionals.
The comments regarding the mandatory CPD activities do highlight the issue of whether CPD is trying to
compensate in some way for entry requirements. Few (if any) commented favourably on the requirement to
undertake mandatory CPD, mainly because they were found to be too low level, repetitive and, for some, irrelevant.
The comments and requests for more involvement by DIAC officers reflects a need that seems misplaced in regards
to it being fulfilled through CPD activities. Is it the function of CPD to create opportunities for migration agents to
meet with DIAC officers?
There were several respondents that did not feel that there was any need to change CPD, and from one respondent
the feeling was that they were sick of changes.
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Challenges Faced by the Current
CPD Scheme The following section of the report outlines the key issues that are facing the RMAs’ CPD scheme.
Review and Evaluation of Current CPD Scheme
The main observation of the review is that the current CPD scheme is addressing the broad needs of the RMA
sector. It is also clear that the sector is maturing and would benefit from a forward looking proactive approach to
CPD development, design and delivery. This was reflected and supported by the comments and data received
through the CPD user survey about ways of improving the scheme.
The current CPD scheme is well structured to deliver knowledge; indeed this is its greatest strength. Changes in
regulation can be disseminated quickly throughout CPD programs. More generally most CPD providers can not be
faulted and are delivering to the outcomes of the scheme. The challenge is therefore to address the fundamentals
of the scheme and how it may enhance specific capability requirements through competencies (not VET
competencies), professional behaviours and the segmented needs of the sector.
The current regulatory framework offers little guidance for a CPD scheme that reflects the different needs, stages
of maturity and/or characteristics of RMAs as users. The current regulations focus primarily on the structure of the
CPD from a content perspective. Greater benefits can be realised through a focus on outcomes or outputs as
aligned with the experience of migration agents.
This presents other considerations regarding the approval of CPD providers and, consequently, CPD activity. The
review, evaluation, or feedback strategies used to assess CPD activities would be enhanced if encompassed in a
predetermined framework that helps guide the management and development of CPD. At present, there are two
primary forms of assessment: assessment of providers by the Office of the MARA staff observing CPD activities
and undertaking activity evaluations.
Professionalism is demonstrated through behaviour and practice. Leading practice in CPD aims to improve and
clearly measure standards in behaviour and practice. Currently the Office of the MARA through the CPD approval
process recommends the inclusion of behavioural outcomes in CPD objectives, but there is little evidence that the
design of activities facilitates this or that evaluation tools are utilised that capture it.
CPD Points Allocation
The allocation of CPD points is generally a simple equation of one point for every 1.5 hours of CPD11
. Considering
that CPD activities are currently directed toward knowledge gain the result may, depending upon the structure of
the learning, increase the knowledge base of the RMA sector. It is apparent that the current learning structure of
CPD is limited and the result is that by valuing CPD in this way, encourages activity in knowledge gain without
direction, diversification or addressing behavioural change.
11 This was a recommendation of the Horsley Review and recently adopted.
47 001513_MARA_CPD_V05—090810
For example, activities that are best geared to provide improved behavioural and practice outcomes have no greater
point value than activity that provides information only.
Comments from the CPD user survey about the quality of CPD support this conclusion. CPD that is driven by
registration requirements (and not user need) leads to CPD product development based upon time rather than
outcomes and motivates the use of CPD that does not reward user choice for CPD activities.
Categorisation of CDP
The categorisation of CPD into mandatory, core and elective is used to direct and determine the distribution of the
10 points undertaken in a year. Implied in the categorisation is that some categories are more important than
others, but with no differentiation in point value or delivery mode. Thus, categorisation leads to RMAs choice being
directed toward repeat of activities in the same content.
The lack of tailoring and targeting to segments in the profession also renders them as ‘one size fits all’. This brings
into questions the need for RMAs to continue to be obliged to undertake them year after year when the product
itself does not change.
Although guiding user choice to more important and worthwhile activity is inherent to the objectives underpinning
the categorisation of CPD, this has been determined by review analysis and RMA survey results to be problematic.
CPD should encourage further learning. It is therefore recommended that mandatory, core and elective categories
are replaced by point allocations based upon the type of CPD undertaken.
Online, e-learning and Private Study Activities
The prescribed approach that underpins this type of CPD activity is traditional, involving reading materials,
watching podcasts or presentations and undertaking knowledge based assessments.
If there are less-traditional activities available for users (which offer scenario-based, interactive, outcomes-focused
content), it is not clear how these would be distinguishable from the more-traditional approaches. Other than
through CPD provider marketing, there is little in the CPD scheme itself by either the direction provided to CPD
activity developers or the point value of the activity to differentiate activity. This makes it difficult for RMAs to
make informed decisions about the quality of activities.
Tools of Assessment and Evaluation Currently Used
The current scheme assesses the effectiveness of CPD by ensuring attendance at activities for at least 75% of the
duration of the activity. This is a strategy instigated to address a potential loophole where agents would attend a
session to have their attendance marked and then leave without participating. The consequence encourages
attendance and if the program requires interaction it ensures participation.
In light of best practice, the feedback on these activities (mainly seminars, workshops, and conference-type CPD)
does not address behavioural outcomes or application of knowledge/skills acquired. The inherent assumption here
is that by attending an activity something is gained. What this is and to what end or how it may have been attained
are not captured.
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CPD activities that require assessment are education programs and non face-to-face activities. Seminars,
workshops and conferences do not require an assessment component. The result is that knowledge is delivered
through CPD with the intent that participants absorb this knowledge.
It is required of providers to institute and maintain a continuous improvement regime for their registration. It is not
clear if this gets into any type of review, integrity, or needs analysis loop that reflects on and informs the CPD
scheme as a whole. Without a broader learning framework, assessment activities are difficult to develop and
administer as learning tools.
Addressing challenges
In proposing a leading framework it is not the intent of this report to ignore the particular characteristics of the
migration advice profession and the challenges it faces, that is, the industry:
• is a maturing industry
• is a relatively small and disparate sector with little opportunity to benefit from economies of scale
• experiences a high attrition rate
• operates in a dynamic environment.
That these characteristics present difficult challenges is undeniable but it is not a given that these challenges
should prohibit the development of a leading practice CPD scheme for the industry. Suggested strategies which
have been integrated into the new framework that would likely address these challenges are outlined below;
• the high turnover rate may be addressed in some part by increased support through the Practice Ready and
Mentor Programs
• offering CPD points to experienced agents for their time and effort in contributing to sector development
activities like the Practice Ready and Mentor Programs or standards committees could lead to strengthening
collaboration and maturity of the industry
• encouraging pre-planning and reflective activity rather than admonishing lack of points before re-registration
makes agents more responsible and the scheme more proactive and encouraging
• a CPD calendar allows for pre-planning which will support those agents serious about their professionalism,
and hence their CPD making it easier for them to comply
• collecting and analysing performance data also contributes to industry collaboration, and development based
on empirical, verifiable industry data.
49 001513_MARA_CPD_V05—090810
Proposal for a new CPD
Framework for the Migration
Advice Profession The proposal for a new framework for CPD for the migration advice profession is based on four core principles of
leading practice in CPD. The framework being proposed in this report is a holistic, preferred framework for the
professional development of the migration advice profession.
The objective of proposing a leading practice framework is to provide a vision for the migration advice profession to
plan the development of its CPD scheme over the coming years.
It is proposed that the framework be adopted by all key stakeholders and used to guide discussions, decisions and
forward planning relating to all aspects of maintaining professionalism in the migration advisory sector.
This section of the report will provide an outline of each cornerstone of the framework as well as details of actions
that need to be considered to enable the framework.
The recommendations outlined below will indicate the impact on the industry and what will be required of the
Office of the MARA to support the transition to a new CPD framework.
Where the actions being recommended do not fall within the mandate or jurisdiction of the Office of the MARA it is
expected that the Office of the MARA will lead, negotiate or liaise with the relevant stakeholders to determine the
appropriate courses of action.
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A new CPD FrameworkThe core principles that underpin the
Reflects areas of competenc
• A CPD framework needs to identify the areas of knowledge, skill and behaviour considere
the profession
• The framework is designed to be applied in vocational settings to enhance and continually improve base
qualifications (i.e. as experience grows so
Focuses on outcomes based strategies and measures
• Activities need to be designed to
• Activities need to be interactive and reflect work
• Activities need to offer opportunity to explore, discuss, analyse and debate the impact of learning on their
everyday practice
• Activities need to offer opportunity for problem solving and peer learning
Driven through individual CPD plans tailored to
• CPD plans offer an opportunity to reflect on development needs
• CPD plans enhance the relevance of CPD for users
• CPD plans can inform CPD product development
Reflects the life stages
• Addresses differences in experience, interests, access and learning preferences
• Recognises and reflects the ‘lif
Figure 2: Principles of
Addresses competencies of the profession
Driven through individual CPD plans
A new CPD Framework The core principles that underpin the CPD framework are as follows.
competency important to professionalism
A CPD framework needs to identify the areas of knowledge, skill and behaviour considere
is designed to be applied in vocational settings to enhance and continually improve base
i.e. as experience grows so should complexity).
on outcomes based strategies and measures
Activities need to be designed to contribute to good practice
interactive and reflect work-place scenarios
need to offer opportunity to explore, discuss, analyse and debate the impact of learning on their
need to offer opportunity for problem solving and peer learning.
Driven through individual CPD plans tailored to user need and preference
offer an opportunity to reflect on development needs
the relevance of CPD for users
can inform CPD product development.
stages of the profession
Addresses differences in experience, interests, access and learning preferences
Recognises and reflects the ‘life stages’ of the profession.
: Principles of a CPD Framework for Migration Advice Profession
Addresses competencies of the profession
Focuses on outcomes
Driven through individual CPD plans
Reflects life stages of the profession
CPD FRAMEWORK
A CPD framework needs to identify the areas of knowledge, skill and behaviour considered fundamental to
is designed to be applied in vocational settings to enhance and continually improve base-level
need to offer opportunity to explore, discuss, analyse and debate the impact of learning on their
Migration Advice Profession
Focuses on outcomes
Reflects life stages of the profession
51 001513_MARA_CPD_V05—090810
Areas of Competency for
Professionalism
Development of Specialist Areas
A core component of a leading practice CPD framework is the identification of the knowledge, skills and behaviour
considered essential for the industry to maintain its professionalism.
Identifying specialist areas usually follows the establishment of areas of competency as stage two in a three-part
process. The third stage is a description of the expected behaviours.
It is recommended that the Office of the MARA encourage and support a process whereby key industry
stakeholders – including, but not exclusively, the industry representative bodies (representing agents, hence CPD
users), CPD providers and providers of the entry-level qualification – determine the knowledge, skills and
behaviours considered essential for the industry to maintain its professionalism.
The Office of the MARA should then incorporate these areas of competency as appropriate into its CPD provider
approval and CPD monitoring responsibilities.
The areas of competency developed for the industry should reflect what is required to develop and maintain
appropriate knowledge and skills to enable migration agents to provide accurate and timely advice to consumers.
As a guide, the CPD user survey data indicated that the following areas of practice were of specific interest to
migration agents (represented below in their order of popularity):
1. employee sponsored migration
2. general skilled migration
3. migration law updates
4. business skills entry
5. partner migration
6. review/appeals (e.g. MRT, RRT).
While it is also usual for competencies to be reflected in entry-level requirements as well as CPD, specialist areas
are usually (although not exclusively) addressed through CPD. It is expected that each of the specialist areas will be
reflected in the development of the areas of competency component of the CPD framework.
Consideration should also be given to how competencies will be addressed through general CPD learning activities,
as well as through mentoring and the practice ready program.
CPD Providers: Approval of Provider Capability
It is recommended that the Office of the MARA review its CPD provider approval criteria to focus more on the
capacity of providers to ensure outcomes of CPD activities.
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It is acknowledged that current activities undertaken by the Office of the MARA focus on approving training
programs through the review of content/materials and delivery strategies. Hence it is believed that what is
required is a shift in approach.
The shift would entail the following:
• Enhancing provider registration to include criteria that reflect the CPD framework cornerstones. This means
that criteria should include: the areas of competency they have capabilities and expertise to deliver on; an
assessment of their capability to develop outcomes-focused CPD; clarification of which segment/life stage of
the profession their product will address; and that they are capable of timely planning and effective marketing
to enable migration agents to effectively pre-plan their CPD.
• Continue to require the necessary administrative processes the provider must comply with to participate in
the scheme.
• The Office of the MARA reviews its CPD-activity approval process to reflect the ‘confidence’ in providers a
thorough registration process should engender. The aim is for a quicker, more flexible approval of CPD
activities based on ‘confidence’ in providers.
The critical success factors in this approach are the CPD provider’s ability to demonstrate they are able to ensure
appropriate and quality material, processes and trainers. This model is based on the principles underpinning
registered training organisations (RTOs) that are required to demonstrate a capacity in administration and support
structures as well as a capability in expertise and staff to offer the qualifications they are registered to offer (their
scope of registration). Demonstration is by way of structured application which includes, amongst other things
information about:
• materials
• delivery strategy (including assessment)
• details of trainers
• supporting processes.
The end point is to approve providers to a level where the Office of the MARA is confident in their capability.
Assessment of confidence must be an integrated view. For example, a provider may present excellent materials
and delivery strategies and highly integrated supporting process but may not have a trainer who is knowledgeable
in the appropriate area or a trainer who is unable to present in the manner described in the delivery strategy.
Quality review and control mechanisms recommended to moderate this approach are activities currently being
undertaken by the Office of the MARA. Such mechanisms include seeking agent feedback, observing CPD activities
and provider self evaluation tools (for more information refer to ‘Monitoring, Evaluation and Feedback’ later). Areas
of inquiry for control mechanisms will be guided by the CPD framework.
Industry feedback obtained through the CPD user survey highlighted that a high number of agents were dissatisfied
with the knowledge and capability of trainers. In support of this, over 62% of all respondents rated the quality of
the CPD as the primary driver in selecting CPD.
Consequently, it is recommended that the CPD provider registration process include a structured biennial review of
providers which includes each of the criteria above. Moderation and verification of this review can be achieved
from correlating data collected from implementation of the evaluation strategies suggested below (refer to
53 001513_MARA_CPD_V05—090810
‘Monitoring, Evaluation and Feedback’ below). Eventually, as trends are more easily identified through the
evaluation data approval terms could be shifted to a triennial registration period for providers.
This will be manifested by the role of the Office of the MARA shifting to verifying the CPD point value of each
activity that the provider wishes to offer, which should consequently assist agents to select the CPD appropriate to
their needs and preferences.
It is recommended that the Office of the MARA seek to modify existing regulations to capture this shift in focus and
outline the characteristics and standards for registration of CPD providers.
Focus on Outcomes: Activity Type
and Design
CPD Activities
It is recommended that ongoing CPD activities be structured to focus the development of agents across the three
areas of knowledge development, behavioural and practice development and cultural development (refer to
Figure 5).
In the design of the CPD framework the balance of activities gradually shifts to recognise the life stage of a
Migration Agent from a focus on knowledge development to a focus on cultural development. It is intended that
this will enhance the sense of maturity and responsibility of the industry.
A description of the proposed CPD activities is included below. Each activity has been colour coded to define the
primary development principle being addressed through the activity (refer to Figure 5).
• Knowledge-based CPD activity to enhance understanding
• Behaviour-based CPD activity to enhance practices
• Culture-based CPD activity to progress industry performance.
Key Success Factors
As stated previously, the current compliance activities undertaken by the Office of the MARA focus on attendance
at CPD activities which has developed a focus on inputs rather than outcomes. The research into leading practice
in CPD states that an outcomes-focused approach to CPD develops a long-term perspective and encourages
contribution from industry to improve standards and creates greater certainty through better measurement. Figure 3
is another representation of Table 6.
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Figure 3: High Value CPD versus Low Value CPD
Relevant strategies recommended for the
• encourage experienced individuals to commit back to the industry through mentoring, standards committees or
collaborative endeavours such as peer
• engage industry regularly
• define a clear standard of CPD which builds and enhances competency and behaviour, and results in a
positive culture.
Successful implementation of each recommendation will increase that chance of positively
positive reinforcement and beneficial behaviours as represented
Va
lue
: High Value CPD versus Low Value CPD
Relevant strategies recommended for the RMA CPD framework which will provide leading practice in CPD are to:
encourage experienced individuals to commit back to the industry through mentoring, standards committees or
orative endeavours such as peer-review publishing
engage industry regularly through broader feedback and consultative reviews
define a clear standard of CPD which builds and enhances competency and behaviour, and results in a
Successful implementation of each recommendation will increase that chance of positively
positive reinforcement and beneficial behaviours as represented in Figure 4.
Outputs driven
• based upon objectives
• measures include acquistition of knowledge andbehavioural change
• diverse flexible tools for measurements
• encourages commitment
Input driven
• based upon activity
• quantity of activity the only measure
• vulnerable to abuse and quality shortfalls
• encourages activity for activity sake
leading practice in CPD are to:
encourage experienced individuals to commit back to the industry through mentoring, standards committees or
define a clear standard of CPD which builds and enhances competency and behaviour, and results in a
Successful implementation of each recommendation will increase that chance of positively affecting a culture of
vulnerable to abuse and quality shortfalls
55 001513_MARA_CPD_V05—090810
Figure 4: Building the Industry through Broader CPD
Seminars
The CPD user survey indicated a high preference to attend seminars which deliver short sharp focused content.
Although these are useful activities, in their current form they do not represent an outcome based approach. As
they currently exist, a seminar delivers knowledge with limited engagement of participants to practice application
of the knowledge or to develop positive behavioural change.
Hence this popular CPD activity type (74% of respondents preferred to achieve their CPD through seminars) has
limited scope due to design limitations to be outcomes focused and it is recommended that the point values gained
from these activities is revised (refer below).
Within the confines of the function of the activity (to provide short, sharp information exchanges) it is
recommended that high quality Seminars should be defined by the:
• provision of useful notes and materials
• inclusion of a question and answer component to allow two-way interaction and clarification
• restriction of participant numbers to a maximum of 40, to allow sufficient opportunity to address questions and
potential interaction.
It is recommended that the current program of seminars offered by the CPD providers should continue but be
reviewed in the course of their ‘approval life cycle’ against the new criteria. This review should include the
following elements:
• all participants register prior to attendance (refer to ‘Technology: Systems Support’ below)
• seminars include discussion groups with all participants involved
Knowledge-based CPD activity to enhance understanding
Behaviour-based CPD activity to enhance practices
Culture-based CPD activity to progress industry performance
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• all participants complete the seminar evaluation and self-reflection (refer to ‘Monitoring, Evaluation and
Feedback’ below)
• approval by the Office of the MARA of the provider and trainer (refer to ‘CPD Providers: Approval of Provider
Capability’ above).
Topics appropriate for the seminars format may include but not be limited to;
• impending or recent regulatory change
• rolling update series
• specialist areas as described above.
It is further recommended that the Office of the MARA establish in partnership with CPD providers a consistent
method for verification of knowledge transfer for seminars.
Once this method has been established and adopted the Office of the MARA should consider how this may be
moderated. A suggestion to moderate and measure the effectiveness of knowledge transfer would be to indicate
that participants may be subject to a random online knowledge test issued by the Office of the MARA within
12 months of completing the seminar. The purpose of which would not be to indicate whether participants are
capable or not but to verify that CPD providers are delivering the intended outcomes. Tests should be developed
by CPD providers but delivered by the Office of the MARA to gather data about provider performance. This strategy
is described in the System Support and Evaluation sections and allows for stronger support of moderation and
quality assurance.
Conferences, 1 and 2 Day Programs
The CPD user survey indicated that conferences are currently the second highest preferred way of meeting
CPD requirements (66%). This is potentially driven by the possibility for participants to obtain the majority of their
CPD points in one day or to ‘catch up’ at the last minute.
Overall the intent of conferences and day programs as part of any CPD scheme is to allow the industry to share and
collaborate on new information and ideas as well as to develop networks. Similar to seminars, conferences and
day programs are very popular and may enhance the knowledge and networking of attendees, but this is difficult to
guarantee. Consequently, any return to improved practices and positive affect on the culture of the industry is
difficult to measure.
Conferences and day programs are an integral component of the migration advice profession’s CPD scheme and
should continue within the new framework. It is recommended that the Office of the MARA encourage providers of
conferences and day programs to consider designing programs around themes or areas of specialisation to assist
agents to better plan to achieve their CPD goals.
Like all CPD activities appropriate feedback and evaluation strategies should be implemented for all CPD activities
(refer to ‘Monitoring, Evaluation and Feedback’ below).
57 001513_MARA_CPD_V05—090810
Distance Education
Two subsets of distance education have been considered in this section: online and private study
by correspondence.
Online Learning vs Private Study by Correspondence
Online learning basically refers to a learning activity that is enhanced when technology is used to support the
learning process. Leading practice in online learning is centred on interactive scenario-based learning activities
using multimodal delivery tools such as: streaming audio/video presentations, podcasts,
web seminars/webinars/video conferencing, electronic exams, integrated MCQs or open-answer tests.
The CPD user survey indicated that 41% of respondents did not prefer private study through correspondence and
31% were ambivalent indicating that this method only catered to a very small percentage of the market. It was
expected that remotely located agents would have a higher preference for this method; however, the results were
similar for agents in regional centres. Only overseas agents indicated a preference for private study through
correspondence, but this was ranked as an equal 5th preference across all options.
The CPD user survey indicated that 46% of respondents preferred to meet their CPD through private study online.
This figure trended upward the further removed the agent was from a capital city to as high as 67% preferring
online as a way to meet CPD requirements for overseas agents.
Like other types of CPD, online learning activities need to be guided by the CPD framework. The important
considerations for the development of online learning activities do not differ from those that underpin the
development of other types of CPD, and providers of CPD online need to ensure they are reflecting leading practice.
The intent of distance education in the new CPD framework is to deliver self-guided, scenario-based learning,
interactive content which is practice based and includes assessable components, preferably based upon the
proposed scenarios, not just tests of knowledge. Where knowledge tests are used, assessment banks of at least 40
questions are required to ensure variability and consistency. The following are the underpinnings of leading
practice in CPD activity design:
1. clear learning aims and objectives (i.e. ‘will learn this’ or ‘will be able to participate in this’)
2. clear statement of outcomes related to knowledge, attitudes, behaviours and skills
3. learning activities that are scenario-based and interactive, requiring users to think and make judgments based
on information and scenarios provided
4. the activities need to be relevant to the user needs
5. incorporate quality controls and evaluation, feedback exercises
6. require evidence of completion.
Distance education for CPD should also further develop the specialist areas outlined above and competency
framework established in the entry-level requirements.
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Workshops
Another key component of the current CPD scheme is workshops. Of respondents to the CPD user survey, 63%
indicated they preferred workshops as a way to meet CPD (ranked as the third highest preference after seminars
and 1 day CPD conferences).
Workshops as they currently exist do not generally have a consistent focus on methods, or measures focused on
outcomes for participant’s application of knowledge gained in a practice environment.
Consequently it is recommended that the Office of the MARA approve workshops based on the principles of
ensuring that the design and delivery methodology explicitly reflects adult learning principles – that is, workshops
are interactive, problem based, reflective in nature and practice driven so as to increase the potential of impacting
on practice and behaviour outcomes.
The intent of workshops under the new framework is to provide interactive content which delivers scenarios, case
studies and has a strong practice-based focus.
It is recommended that CPD providers design programs based upon adult learning principles and foster activity post
delivery to encourage learning retention and practice in the workplace. Consequently, workshop programs would be
developed in accordance with the following criteria:
• be interactive in nature (including at least two discussions/activity sessions per hour)
• not exceed 30 people in attendance
• include group/syndicate work
• include problem solving
• include panel of expert discussions
• involve at least one assessable component, preferably based upon scenarios
• be subject to random knowledge tests
• be delivered by facilitators (as opposed to trainers).
It is recommended that the current program of workshops offered by CPD providers to the industry should continue
until the recommendations and transition plan are approved. These programs will also be structured and controlled
by the following criteria:
• all participants must register prior to attendance
• all participants must complete the seminar evaluation and self-reflection
• approval by the Office of the MARA of the provider and trainer (refer to ‘CPD Providers: Approval of Provider
Capability’ above).
Topics of workshops may include but not be limited to:
• implications and impacts of impending or recent regulatory change
• specialist areas as described above.
The interactive, scenario-based learning in workshops should also enhance the areas of competency reflected in
the CPD framework and established in the entry-level requirements.
59 001513_MARA_CPD_V05—090810
Community Collaboration
Currently, the Office of the MARA approves CPD activities which are community based, that is, they contribute to
the betterment of the industry through collaboration and engagement with other experts to improve practices or
standards. The current activities included in this category include authorship and the preparation and presentation
of CPD activities themselves. It is recommended that the Office of the MARA broaden the range of activities
included in this category.
The majority of activities suggested below would ideally be coordinated by an industry peak body.
Communities of Practice are understood to be groups of people who share a concern, a set of problems, or a
passion about a topic, and who deepen their knowledge and expertise in this area by interacting on an ongoing
basis12
. The general principles of Communities of Practice are13
:
• Bonding by exposure to common problems
• Developing common practices and language
• Sharing a common sense of purpose
• Learning in groups
• Evolving ‘creative practice’.
CPD user survey respondents generally indicated that the opportunity to exchange ideas and share experiences
with longer-serving agents was very valuable, but the questions aimed at determining this degree of interest
appeared to be misinterpreted and the evidence is consequently inconclusive. With the above in mind and the
approach of best practice in CPD encouraging Communities of Practice in the industry would be highly beneficial
and indeed leveraging of the existing practices are the primary recommendations.
Moving towards a Community of Practice offers the following opportunities to the industry:
• a ‘support’ network for existing and potential work
• a group of interested and passionate colleagues to discuss ‘issues’ pertinent to them and their work
• the ability to expand the ‘community’ to include external practitioners, consultants and other experts (maybe
even clients interested in a think tank activity)
• continued building of intellectual capital and leadership development capability
• recognised credibility and ‘trusted adviser’ status based on knowledge of best practice design, development
and delivery of leadership development
• stockpile of reviewed papers, articles, tools and other resources.
It is recommended that the following types of activities, often linked to Communities of Practice, be recognised as
valuable from the context of the new CPD framework, specifically addressing the objectives of enhancing
professionalisation and strengthening the sector.
Standards Committee Membership
It is anticipated that, over time, industry performance standards will be established. Migration Advisor involvement
in Standards Committees would provide significant benefits to the industry as well as establish communities of
practice. Such involvement would also likely foster the development of educational standards.
12 Wenger, E., McDermott, R. & Snyder, W. M. (2002), Cultivating Communities of Practice, Harvard Business School Press, Boston, Massachusetts. 13 For more information go to <http://www.co-i-l.com/coil/knowledge-garden/cop/definitions.shtml> (accessed June 2010).
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Publishing/Authorship
This category of CPD exists already and there is no proposal to change it except for the value assignment to points
which is summarised in Table 17 below.
Pro Bono Work
This category of CPD exists already and there is no proposal to change it except for the value assignment to points
which is summarised in Table 17 below.
Summary
Communities of Practice are best allowed to form ‘organically’. They cannot be successfully manufactured.
However, the Office of the MARA together with the industry bodies like the MIA can encourage and support the
development of appropriate resources to support a Community of Practice.
Communities of Practice are an exciting option for the migration advice profession to address issues of isolation,
lack of time, and cost of activities like coaching and mentoring because they offer a number of online, free
approaches to establish and maintain contact between members
Monitoring, Evaluation and Feedback
The Horsley Review recommended that evaluation of all programs be undertaken, indeed, it is understood
that monitoring and evaluation has been conducted by the Office of the MARA.
It is recommended that independent monitoring and evaluative activities undertaken by the Office of the MARA be
continued and enhanced to reflect the new CPD framework principles.
To effectively measure the success of CPD, data must be captured from various sources and through diverse tools.
For evaluation data to be of most value to the Office of the MARA, the base line data sources and areas of inquiry
should include the following:
1. feedback associated with provider performance
2. feedback associated with learner satisfaction
3. learner self-reflection based upon the following:
(a) relevance of the knowledge gained from the CPD as applicable to their practice
(b) degree of new knowledge gained from the experience
(c) usefulness of the experience gained from the CPD as applicable to their practice
(d) how the experience might be applied in their practice
4. conduct of knowledge tests on participants to determine knowledge retention.
The simplest method to achieve this data collection is to implement an online survey tool which is directly linked to
each CPD event. Part of each agent’s CPD activity would be to provide an evaluation of the experience covering the
above criteria (excluding point 4).
It is further recommended that to ensure rigour is applied to the process, CPD providers should ensure that CPD
points are not reported until learner self-reflection feedback has been submitted. This may appear, at first, to be
punitive in nature, but the value of reflective feedback, even if somewhat forced, challenges the learner to analyse
61 001513_MARA_CPD_V05—090810
the experience which enhances the learning and supports the new frameworks shift to pre-planning and needs-
based CPD development.
The evaluation strategy above will enable measurement of CPD at Kirkpatrick14
level 1 (user satisfaction), level 2
(user learning outcomes) and indicate trends toward level 3 (behaviour) through the reflection. This data then
becomes a powerful source to assist with the measurement of the CPD frameworks key success factors as well as
the measurement of specific initiatives. Extending from this, performance indicators and data could be used to
support funding for new initiatives or specific projects.
In implementing the above, the Office of the MARA will need to consider the potential duplication of evaluation
activities. CPD providers who are thinking about the quality of their products will already be conducting quality
event evaluations. Consequently, CPD provider engagement will need to be conducted to achieve their buy-in for
the Office of the MARA to accept responsibility for collecting such data on the provider’s behalf as well as the
industry’s behalf.
Benchmarking
It is further suggested that additional measurements are undertaken by the Office of the MARA to ensure that CPD
is affecting the performance, behaviour and culture of the industry.
Driven by Planning
Pre-Planning
Creating a culture of planning may seem insurmountable. However, the survey results indicated that the industry is
in some regards frustrated by the lack of planning and ready for a more proactive approach to CPD over time.
The aim of this recommendation is that the CPD framework and agent registration process should transition toward
one where individuals decide in advance what they are aiming to achieve, by developing an individual CPD plan.
Through the process of reflection, planning and submission of individual plans, CPD providers will also be better
able to plan activity development and establish the economic viability of developing some CPD programs.
The benefit of individual CPD plans includes the development of proactive behaviour that requires some
consideration of professional interests and needs. Its use in the Practice Ready Program is designed to instil the
practice of pre-planning CPD into the professional habits of all agents. The process of deciding which activities
best satisfy ones CPD needs also leads to agents researching what activities are available, clearly linking point
values to preferred delivery modes, timing and access of activities.
This recommendation constitutes the biggest direct impact on CPD users as it will require them to change their
behaviour. The change involves them actively engaging in a planning process that requires them to reflect on their
needs and preferences, engage with a new way of researching information about CPD activities and prepare an
individual CPD plan.
14 See Table 8.
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Technology: Systems Support
To implement the strategies suggested, which will enhance the leading practice measures in CPD for migration
agents, the Office of the MARA would need to enhance the current database to allow interface with the RMAs,
CPD providers, communities of practice and mentors to effectively gather and measure performance data.
Simple student or event-management systems would suffice and are commonplace, available off the shelf or can
be modified for specific use, with costs ranging upon the nature of the requirements for use. CPD providers should
be encouraged to utilise compatible systems.
The Office of the MARA system and the systems used by CPD providers should be able to interface.
Reflecting Life Stages Nearly 50% of respondents to the CPD user survey who had been in the industry less than three years indicated
that they would have found coaching by experienced agents in various topics very useful. Indeed, 81% believed
coaching would have been useful; the highest preference of all agents who had been in the industry less than three
years. The respondents considered mentoring and networking opportunities and support as the next most useful
when first registering.
Additionally, 71% of respondents felt that supervised practice would have been useful when first registering, as
opposed to 50% who felt that a longer entry-level course that included work placements would have been more
useful when first registering.
The above results clearly indicate that participants needed experienced guidance rather than more information or
study. This finding was also supported through direct interviews with agents in larger organisations who expressed
that first-year graduates were required to complete a one-year induction program before being allowed to work
directly with a client.
Practice Ready Programs
It is recommended that the Office of the MARA institute – through endorsement of the new CPD framework, and
regulatory change – a period of transition for the majority of all new entrants into the industry. The purpose of this
is to ensure that practice-based experience becomes part of the criteria in establishing professional development.
It is recommended that this transition period be a minimum of six months to allow sufficient breadth of experience
to be gained by high potentials and a maximum period of 12 months.
The goal of a practice-ready program for new agents is to provide a structured, supervised development pathway
which further develops competencies by applying knowledge to a practice based environment. Consistency will be
driven by a Practice Ready Logbook which will define the specific nature of the development activities and
experiences required to be covered during the practice-ready period. The logbook will require authentication at
each phase of progression and completion of each task.
The above recommendation is made on the assumption that sufficient experiences are not provided through the
review of the entry-level program. Such an assumption is based on the fact that no matter how much education is
63 001513_MARA_CPD_V05—090810
provided to the sector through the entry-level qualification it is apparent that agents require experience to navigate
the work environment and complexities of practice. Other professions such as engineering, project management
and medicine espouse the same requirements of establishing experience before entry.
The Practice Ready program would be delivered by employers and CPD providers whom would be approved by the
Office of the MARA resulting in little change to the regulator but great change to the industry and the outcomes of
the transition period.
Guiding Principles
Practice ready programs will involve two streams to cater for two key segments of migration agent entering the
industry. These segments can be broadly described as agents who commence their service after graduating from
the entry-level qualification or from a law degree and whom have no experience in the marketplace as:
1. graduates who wish to be sole operating agents (Coached Practice)
2. graduates who wish to join a firm with more than one other agent (Supervised Practice).
The key differential between Coached and Supervised Practice is the operating structure within which the
relationship is undertaken in. That is, Coached Practice is driven by a relationship with an experienced approved
agent who is not part of the same organisation, and Supervised Practice is driven by an in-house relationship.
Coached Practice presents two interrelated challenges to the industry. First, that, due to the fact that the
majority of new registrants undertake sole practice, it will be a challenge to engage enough approved agents to
act as coaches. Second, it is sole practitioners who would most benefit from the program. Hence it is a challenge
worth addressing.
The recommendations regarding this strategy do take this into consideration and are supported by the ability of
coaches to earn significant CPD points for participating in such activities. Coaches will need to be supported by
training and other support mechanisms. It is recommended that the Office of the MARA support and sponsor the
development of such activities in the start-up phase. Support mechanisms can include a: training program and
materials; handbook for supervisors/coaches; and logbook for new agents.
Supervised practice should not pose any real difficulties as it should dovetail with usual human resource strategies
like induction and performance management.
The proposed time frame for each practice ready program is six to 12 months.
It is envisaged that each practice ready program will be based upon a logbook designed to plan, record and direct
progress toward completion. The logbook would include:
• workplace activities required to be completed
• observations required to be verified by the supervisor
• a progressive formal training plan outlining key and elective skills required to be obtained, which may include
programs such as conflict resolution, critical thinking and argument mapping, resilience, principles of project
management, negotiation and CPD programs.
It is recommended that a coach and supervisor approved to authenticate logbooks would be:
• an experienced agent from the local community
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001513_MARA_CPD_V05—090810
• a community legal service provider, or
• an approved mentor (refer to ‘Mentoring: Maximising Experience’ below).
Role of the Coaches and Supervisors
The coach or supervisor will be responsible to perform a number of key functions enabling the development
objectives of the Practice Ready Program. These include:
• assisting in planning the work and deciding how, when and where it can best be done
• assisting in organising the available resources of people, time and materials so that work will be completed
on time
• communicating so that all involved know not only what is happening but also what is expected of them
• controlling the available resources for the work to proceed in the desired fashion.
Coaches and supervisors supporting the Practice Ready Program should be experienced migration agents with:
• coaching and/or supervisory experience
• a good knowledge of the industry and how it operates
• a commitment to developing new agents
• an ability to provide career guidance.
The Responsibility of the new Agent
The role of the new Agent is as follows:
• strive to reach the highest levels of performance and professionalism
• complete all tasks in the log book
• undertake all learning and development requirements.
Upon completion of the Practice Ready Program, all parties are required to evaluate the success of the program.
The Office of the MARA is required to support the outcome of this evaluation, thus providing verification and
validation of goal completion for the acquisition of CPD points.
Mentoring: Maximising Experience
Nearly 50% of respondent to the CPD user survey who had been in the industry less than three years indicated that
they would have found coaching by experienced agents in various topics very useful. Indeed, 81% believed
coaching would have been useful; the highest preference of all agents who had been in the industry less than three
years. The respondents considered mentoring as the next preferable option closely followed by networking
opportunities and support. Interestingly, only 50% felt that a longer entry-level course that included work
placements would have been more useful when first registering.
The above results clearly indicate that participants needed experienced guidance rather than more study. This
finding was also supported through direct interviews with agents, some of whom, in larger organisations,
expressed that first-year graduates were required to complete a one-year induction program before being allowed
to work directly with a client.
65 001513_MARA_CPD_V05—090810
A mentoring arrangement is suggested as an alternative entry pathway for advisers who already have some degree
of experience in providing professional advice. More specifically, entrants who are already practising lawyers,
registered accountants or have been migration agents in New Zealand looking to enter the sector will have a
significant degree of practical experience and would require guidance on interpretation of information and how to
move around the system rather than guidance in how to interact with clients as would be covered in the Practice
Ready Program above.
Thus, the goal of establishing mentoring relationships for incumbent migration agents is to provide experienced
practitioners who can provide well balanced, self-reflective commentary, advice and direction in a non-threatening
environment. Conversations and guidance will be generally focused on mentee development needs which align
with the competency framework. However, where agreement is attained between the mentor and mentee,
discussions may include, personal and professional goal setting or current challenges faced in the workplace.
Mentoring also fosters networked learning and greater interaction across the industry.
Mentoring is targeted to address the needs of new agents who:
1. are graduate lawyers and have had more than one year’s experience practicing in the Australian legal fraternity
2. are wishing to achieve recognition through the Trans Tasman Mutual Recognition Agreement (TTMRA), or
3. wish to move to a specialist field and engage an experienced mentor from that sector to increase
their capability.
The Mentoring Program would be delivered by employers and CPD providers approved by the Office of the MARA
resulting in little change to the regulator but great change to the industry and the outcomes of the transition period.
Guiding Principles
The proposed timeframe for each mentoring agreement is between six and 12 months.
A mentor would be an experienced and approved individual with greater than five years experience as an agent
and who does not have a direct reporting relationship with the mentee.
Each mentoring relationship will be based on an agreement that clearly defines the intended topics of discussion,
roles and responsibilities of each party, availability and time commitments, definition of success and the
expectations of each party. Discussions will be honest, respectful, confidential and directed as agreed. The length
of mentor relationships may last beyond the term of the formal mentoring timeframe; however, this will be based
on mutual agreement.
If a mentoring relationship does not work for either party within the agreed parameters and is ceased, feedback
needs to be given to the Office of the MARA. A new mentor agreement may be established, assuming a mentor
is available.
New roles for the Office of the MARA will be to:
• approve jointly with CPD providers the criteria that mentors may be required to meet
• approve CPD providers to deliver mentoring as a CPD activity
• require CPD providers to register mentor and mentee relationships
• collect monitoring and evaluation data
• moderate providers of mentor relationships through surveys and evaluation data.
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Structured Mentoring
As opposed to traditional mentoring, where experience is shared between the mentor and mentee based purely
upon the mentee’s needs, mentoring relationships will be guided by the following:
• formal terms of agreement between the mentor and mentee
• a plan of activity agreed between the mentor and mentee
• a defined number of meetings against which discussions will focus on competency development, including:
− delivering ethical client services
− delivering and preparing submissions
− delivering professional timely advice
− managing appeals and client hearings
− demonstrating cross cultural awareness
− managing expectations and relations
• a diarised record of mentor–mentee discussions.
The mentoring agreement and plan of activity would ideally be lodged after approved by the CPD provider with the
Office of the MARA.
Success Factors
Upon completion of the relationship all parties to the agreement are required to evaluate the success of the
relationship. It is recommended that the supervisor of the mentee support the outcome of this evaluation, thus
providing verification and validation of goal completion. Mentor agreements will be successful when:
1. industry mentors are approved based on core mentoring attributes
2. mentors are provided with access to mentor training
3. mentors agree to abide by a mentoring code of conduct
4. CPD and systems support the competency model
5. structured development tools are provided to support mentee development.
Mentor: Mentee Roles and Responsibilities
The following is provided as a basis for mentor relationships.
The mentor will:
• be available to meet with the mentee at the times and for the durations agreed
• have a genuine interest in working with the mentee to guide them in setting and achieving personal and
professional goals
• display high-level communication and interpersonal skills
• maintain confidentiality
• maintain a commitment to the mentee and to the success of the mentoring relationship
• give regular feedback to the mentee
67 001513_MARA_CPD_V05—090810
• ask for feedback on the effectiveness of the mentoring style and approach and be prepared to modify the
approach accordingly or come to a mutual agreement with the mentee to end the relationship
• actively participate in formal and informal evaluations of the mentoring program
• liaise with the Office of the MARA where appropriate.
The mentee will:
• accept responsibility for his/her own learning and development
• show an interest in new experiences and learning from others
• display high-level communication and interpersonal skills
• show an interest in understanding more about organisational culture, structure, behaviour and politics
• share positive and negative experiences
• be willing to discuss short- and long-term career goals
• listen actively
• maintain confidentiality
• maintain a commitment to the success of the mentoring relationship
• keep commitments made to the mentor
• be prepared to make the first contact with the mentor
• schedule, honour and prepare for mentoring sessions
• be open to constructive feedback
• be prepared to give constructive feedback to the mentor on the usefulness of the mentoring relationship and
the appropriateness of his/her style and approach
• be willing to discuss strengths and areas for improvement
• actively participate in training where provided.
Remote Agreements
Remote mentor agreements will undoubtedly be a challenge, but they have been proven to work in numerous
circumstances. Perhaps the only challenge associated with success is where supervisors of mentees are not
available, i.e. the mentee is a sole operator in a remote region. It is recommended that the following alternative
authentication methods are also used:
• authentication of the success on behalf of one of the following:
− an experienced agent from the local community
− community legal service provider, or
− another approved mentor.
Such authentication methods would require review of the supporting documentation used in the mentor
relationship and an interview.
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Moderation of Mentors
It is further recommended that the Office of the MARA establish a mentor moderation program to maintain
consistency of outcomes. Such a program would potentially include:
• periodic review of evaluation data
• debriefing interviews with mentees
• establishing a mentor ‘life of authority’ (a period of time where they may act as a mentor)
• requiring that mentors complete certain CPD activities to maintain their mentor status.
It is further recommended that a biennial mentor conference be conducted to provide opportunities for mentor skill
development. This would be a role for the industry to coordinate, but may be recognised as CPD activity by the
Office of the MARA if the industry adopts the practice.
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Proposed Framework Summary
Creating Pathways
It was stated through the CPD user survey that the current CPD scheme is a ‘one size fits all’. Additionally, the
structure of mandatory and elective CPD does not provide for true development opportunities. The structure below
outlines the principles of entry-guided development into CPD. It also highlights the importance of experienced
coaches/mentors and their contribution to developing capability in new agents.
71 001513_MARA_CPD_V05—090810
Figure 5: Pathway to CPD
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001513_MARA_CPD_V05—090810
CPD Point Weightings The intent of the new framework for CPD, which is based upon gaining 20 points per year, is to encourage
participation in activities that are more beneficial both to the individual as well as to the maturity and culture of
the industry. Point values have been assigned based upon the potential outcome of the activity as outlined in
Figures 4 and 5.
Table 17: Point Allocation for CPD Activities
CPD Activity Brief Description Point Limitations Points Available
Mentoring
(1 to 3 years)
A structured support relationship established
between an authorised mentor and incumbents to
the industry by providing expert guidance on issue
resolution, development activities and exercises
Maximum of 15 points
per annum
10 points for the mentor
per mentoring agreement15
15 points for the mentee
per mentoring agreement
Practice Ready Program
(1 to 3 years)
A structured development program guided by
supervised practice
Maximum of 15 points
per annum
15 points on completion
Seminars Seminars will be face-to-face activities of no more
than 40 participants, from between 1 to 2 hours
in duration and will include group discussion
Maximum of 10 points
per annum
1 point per hour
Workshops Workshops may be from 3 to 6 hours in duration,
will include group work and are assessable
Maximum of 10 points
per annum
No more than 30
participants
1.5 points per hour
Conferences Approved activities over 1-2 days. Content
designed to address specific issues or areas of
specialisation or related to a segment of the
industry
Maximum of 5 points
per annum
5 points per day
Distance education CPD delivered through private study or online
learning methods, including additional
assessments
Maximum of 5 points
per annum
NB exception for agents
based overseas.
1 point per hour
Community collaboration Includes publishing, presenting CPD, standards
committee work and authoring of materials or
papers
Maximum of 7 points
per annum
1.5 points per hour or
2 points per 1000 words
Programs of Education Subjects in the Graduate Certificate in Australian
Migration Law and Practice
Maximum 10 points per
annum
5 points per passed
subject
Post graduate Study To be negotiated with and approved by the Office of the MARA prior to entry
Pro Bono Supervised work with registered community
group/not for profit
10 points per annum 1 point per 2 hours
Completion of CPD via
CPA or Law Society
As per recognised professional body Maximum of 10 As per recognised
professional body
The intent by assigning values to types of activities is to substitute the need for core and elective definitions.
15 To achieve all possible points, supporting statements must be provide by the mentor, mentee and mentee’s supervisor that the mentoring relationship has
been successful in meeting practice ready objectives. It is also recommended that the Office of the MARA review and approve the claim for points.
73 001513_MARA_CPD_V05—090810
Extended Life of Points
The point weighting outlined above has been developed to reflect the value of the CPD activity to the individual and
industry, as well as to provide some degree of flexibility.
It is proposed that once a CPD activity has been completed, the life of points is set for two years from completion
of the CPD.
Flexibility in point life provides participants with the possibility to participate in programs when it suits them,
without wastage. For example, if an agent wishes to mentor two new agents in a one-year period, they would gain
20 points in that year from that activity. However, only 10 points may be used for mentoring in any one year and
thus the remaining 10 points (now having a life of two years) would remain in effect and be counted in the next
registration period.
Another example may be if a number of changes to regulations are issued in one year and an agent attends more
seminars to keep up to speed with the changes. Then they may use the excess points from that year in the next.
This allows flexibility for agents to plan their CPD based on their professional development needs and also respond
to the unforeseen needs that the dynamism of the industry may necessitate without sacrificing one type of activity
for another or losing points.
To enable this change there will need to be a change in the regulations. The change needs to allow CPD points to
have a life of two years or two registration periods. This will not alter the mix of CPD points. They will be required
to have to comply for re-registration purposes.
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001513_MARA_CPD_V05—090810
Implementation and the
Way Forward It is not the intent of the report to pre-empt the implementation strategy. The Office of the MARA is intimately
aware of the political, environmental, industry partner and regulatory issues of currency and would thus set the
agenda for change once a clear path has been agreed with all stakeholders.
As already stated, the following principles are recommended as key success factors to affect positive support to
the changes proposed.
• Engagement, consultation and identification of key change advocates with all relevant stakeholders to achieve
agreement prior to implementation including:
− internal support and acceptance
− ministerial and departmental support
− CPD provider support
− migration advisor support
• Ongoing clear and positive communication on the benefits of the new framework
• Transparent pilot activity prior to full implementation
• Timely regulatory change.
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Attachment 1 Table 18: Breakdown of Engineers Institute of Australia CPD Scheme
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Attachment 2 Table 19: Overview of AIPM CPD Scheme
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Attachment 3 Table 20: Summary of State Law Society’s CPD Schemes
Law Society of NSW Law Society of WA
Law Society of QLD Law Society of ACT
Law Institute of Victoria
Law Society of NT
Certification Practising Certificate Practising Certificate Practising Certificate Practising Certificate Victorian Practising Certificate Northern Territory Practising
Certificate
Entry All solicitors who hold a NSW
Practising Certificate
Practising Certificate holders Solicitors Practising Certificate holders All legal practitioners who hold a
Victorian Practising Certificate
Barristers, solicitors, government
lawyers who hold a current
Northern Territory Practising
Certificate
CPD Name Mandatory Continuing Legal
Education
Continuing Professional
Development
Continuing Professional
Development
Mandatory Continuing Professional
Development
Continuing Professional
Development
Continuing Professional
Development
Validity 1 year 1 year 1 year 1 year 1 year 1 year
Maintained by 10 MCLE units 10 CPD points 10 CPD points 10 CPD points 10 hours CPD 12 CPD points
CPD Activities
3 core areas from which a
minimum of 1 point must be
drawn. Activity Limits
and values
• attending
seminars/conferences/lectures
= 1 unit per hour minus
refreshment breaks
• preparing CLE/CPD lectures = 1
unit per hour – maximum of 5
units
• presenting CLE/CPD lectures =
1 unit per hour – maximum of 5
units
• private study of video/audio
tapes/DVD = 1 unit per hour –
maximum of 5 units
1. Interactive activity:
• participant = 0.5 point for
each complete 30 minutes
• presenter = 1.5 points for
each complete 30 minutes
• commentator = 1 point for
each complete 30 minutes
• chair = 0.5 point for each
complete 30 minutes
2. Individual CPD activity other
than publication activity”
• participant = 0.5 point for
each complete 60 minutes
3. Publication activity:
• writer = 0.5 point for each
complete 500 words
• editor = 1 point per edition
3 core areas from which a
minimum of 1 point must be
drawn. For other activities
and values, please see attached
3 core areas from which a
minimum of 1 point must be
drawn. Activity Limits
and values
(a) seminar, workshop, lecture,
conference, educational
program, discussion group,
multimedia or web-based
program, recorded material
(e.g. audio/video/DVD)
• unlimited, except max. 5 units
for recorded material
• 1 hour = 1 CPD unit
(b) preparation for
and/or presentation of a CPD
activity
• maximum 5 CPD units for each,
Activity Limits and values
• attending seminars and
lectures = 1 CPD unit per hour
(maximum 6 units per day)
• preparing and presenting law
seminars = 1 CPD unit per hour
(maximum 5 units)
• publishing articles in law
journals (1000 words) = 1 CPD
unit (maximum 5 units)
• private study of video and audio
tapes = 1 CPD unit for 1 hour of
private study (maximum 5 units)
• member of relevant legal
committee or taskforce = 1 CPD
unit for two hours or more
engaged in committee work
4 points must come from a
compulsory area each year
For other activities and values,
please see attached
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Law Society of NSW Law Society of WA
Law Society of QLD Law Society of ACT
Law Institute of Victoria
Law Society of NT
CPD Activities (cont)
• publishing/editing articles in
law journals = 1 unit per 1000
words – maximum of 5 units
• on line web based programs = 1
unit per hour
(The maximum number of CPD
points that can be earned from
completing a single approved CPD
activity is 7)
where 1 hour = 1 CPD unit
(c) publishing, structural editing or
refereeing of a legal article in a
legal or non-legal publication
• maximum 5 units where 1000
words = 1 CPD unit
(d) Membership and participation
of a committee where the work
involved is of substantial
significance to the practice of
law, and assists the
practitioner’s professional
development
• maximum 3 units, where
2 hours = 1 CPD unit
(maximum 3 to 5 units)
Recording/
Supporting
Documentation
Required to maintain own record
of MCLE. A form can be
downloaded from the website to
record this information, or there is
a page in the Law Society Diary
Required to maintain own record • Points can be recorded by using
1 of the following three
methods: handwritten in table
in the back of guide supplied by
the Society, spreadsheet
template that can be emailed
upon request by the Society or
online member profile.
Supporting documentation (e.g.
receipts, enrolment forms) to be
kept for 12 months
Points can be recorded in any
manner that the member sees fit,
but must show to a satisfactory
manner that CPD has been
completed
When attending LIV CPD,
attendance is automatically added
to CPD record
Members can also add external
CPD in this manner
Points recording sheet from the
Law Society guide or website.
The Law Society also maintains a
record of their events the
member attends.
Supporting documentation (e.g.
receipts, enrolment forms) to be
kept for 12 months
Audits Random audit each year Radom audit each year Random audit each year Random audit each year Randomly conducted each year
South Australia and Tasmania have been excluded from the above analysis as they are not currently aligned with the national framework.
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Attachment 4
Current Office of the MARA CPD Offer
Overview
CPD Requirements Type(s) Comments
Defined as activities approved by the
Office of the MARA for CPD points.
The purpose of CPD is to ensure the
level of professionalism and knowledge
of registered agents is raised and
enhanced.
10 CPD points per year (12 months
prior to re-registration).
10 points must comprise a minimum of
6 core CPD points. The other 4 points
can be core or elective.
Mandatory
All 4 areas must be covered in the first year of registration and then one per
year in each subsequent registration period.
Core
A core activity must relate specifically to migration legislation, procedures or
policy or the application of these. Most CPD is categorised as 'core'.
Elective
An elective activity is an activity that relates to a topic of a legal or business
nature that is relevant to a registered migration agent's practice as a
registered migration agent, but is not able to be classified as core.
All Pro Bono work is 'elective' CPD and CPD undertaken with other Professions
is also categorised as 'elective'.
The current CPD scheme is quite 'flat'. The majority of activities earn CPD
points based on time expended.
The driving factors relate to professionalism of the sector maintained through a
notion of approved CPD activities. The criteria for approval relate to material
that addresses Australian migration law and practice and an activity that
engages participants in an exchange of knowledge and information.
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Current offer
Name Description Target Market Function CPD Points Success Measures
Programs of
Education
Conducted by Australian Universities or registered
training organisations (RTO). Programs of education
include the specific components under the Graduate
Certificate in Australian Migration Law and Practice
(the 'Graduate Certificate'), or components of other
tertiary courses covering aspects of Australian
Migration Law and Practice.
Agents that do not have specific
Australian Migration Law and
Practice qualifications inc. law
graduates, agents practising since
before the current entry-level
qualifications were introduced (e.g.
those registered through the
MAPKEE exam).
Encourage agents without Graduate Certificate
in Australian Migration Law and Practice to
gain specialist qualification.
5 points per subject x 26 hours per
subject.
Pass the subject successfully
Private Study Non–face-to-face activities such as: viewing pre-
recorded seminars, listening to pod casts or reading
prepared written materials. May be avaliable online.
Must include an assesment component (usually
MCQs).
Mainly overseas agents, but also
those that are in remote non- major
city centres.
Option for different learning
preferences.
Alternative to face to face.
Offer some flexibility, may suit some learners.
Offer isolated and overseas agents an
alternative.
Cost effective.
1 point for 1.5 hours of activity
(including assessment time)
No limit on points.
Submit statement they have
completed course of study
and assessments unassisted
to the provider, and
successfully complete the
assessments.
Attendance at
Seminars,
Workshop,
Conferences and
Lectures.
Face-to-face activities. See below for details on each
activity.
Everyone and ongoing. Comprise the majority of CPD claimed. 1 point for 1.5 hours of activity.
Attendance at 75% of the duration
of the activity. No admin work and
breaks included in the time
allocation.aOption to include an
additional Assessment activity
worth 1 point.
Attendance is the main
measure of success.
Seminars,
Workshops,
Offered to smaller groups.
Designed for intensive learning of a specific subject
matter in an interactive way.
Everyone and ongoing. This is the preferred method of attaining CPD
points.
1 point for 1.5 hours of activity, and
failure to attend a minimum of 75%
of the duration of the activity
prevents agents receiving points for
the activity.
Attendance is the main
measure of success.
Conferences Delivery in the context of a conference program of a
group of activities (ie one day or two days of
'sessions'). Each individual activity is approved
separately.
Everyone and ongoing. Main function is as a delivery mode not a
learning mode, that is, a concentrated program
designed to offer maximum CPD points in a
short period of time.
1 point for 1.5 hours of activity, and
failure to attend a minimum of 75%
of the duration of the activity
prevents agents receiving points for
the activity.
Attendance is the main
measure of success.
86 001513_MARA_CPD_V05—090810
Name Description Target Market Function CPD Points Success Measures
Lecture Lectures are not clearly described but appear to be a
very traditional approach of an expert delivering
information that maybe technical or 'new' such as
legislative changes. Currently NO approved lectures.
Everyone and ongoing Main function is as a delivery mode, not a
learning mode.
As per lecture, seminars workshops
and lectures.
Attendance is the main
measure of success.
Pro Bono Work Agent provides migration advice and assistance
through an approved pro bono provider free of charge
and supervised by an experienced agent. This can be a
regular or part-time commitment.
All agents. Encourage agents to give back through
volunteering with authorised pro bono
providers.
1 elective point for every 3 hours
pro bono work. Maximum of 4
points per registration application.
Supervised work provided
free of charge.
Additional
Assessments
Linked to face to face activity. Agents must attend a
face-to-face activity first.
Offered to all agents who attend
face to face seminars if made
available by the provider. Most
providers do not offer this.
Different type of activity to education programs
and private study assessment.
1 point per assessment. Assessment completed
successfully.
Preparation and
Presentation of CPD
Material
Must present for at least 1 hour in an activity.
Cannot claim same points for preparation and
presentation of the same activity.
To claim CPD points, materials prepared must be of 1
hour duration when delivered.
Can only claim CPD points for the development and
presentation of an activity once per registration.
No CPD for conducting or monitoring assessments.
Experienced agents. Encourage experienced agents to give back and
share their expertise and experience.
3pts per 1.5 hrs preparation of
seminar, private study or additional
assessment.
2 pts per 1.5 hrs presentation of
seminar.
Reported through CPD
provider as product owner.
Authorship,
Editorship and
Publication of
Articles
An original article on either the legislation or good
practice in an approved journal.
More-experienced agents with
expertise in particular areas.
Contribute to the development and practice of
immigration law.
Encourage excellence and recognition and
sharing of excellence and discussion/debate.
2 points (must be at least 1,000
words)
Publication in approved
media.
Authorship,
Editorship and
Publication of
Books
Contribution by agents to books relating to migration
law and practice (original work, once-off).
More-experienced agents with
expertise in particular areas.
Contribute to the development and practice of
immigration law.
Encourge excellence and recognition and
sharing of excellence and discussion/debate.
2 points for editorship of a book, or
authorship of at least 1,000 words
within the published book.
Publication in approved
media.
CPD Delivered by
other Professional
Organisations.
Only Lawyers and
Accountants
Practising laywers can claim CLE (except in SA/TAS).
Accountants need proof of membership with either
CPA, ICAA or NIA.
Agents that also practise in either
the legal or accounting professions
and are subject to CPD
requirements from those
professional bodies.
Recognise the rigour required to maintain
practice standards in professions that
contribute to the quality of migration agents.
Avoids double ups and excessive burden of CPD
for some in the sector.
4 elective points. Must provide current
practising certificate or
membership to CPA, ICAA or
NIA.
87 001513_MARA_CPD_V05—090810
Attachment 5 Table 21: Summary and Categorisation of CPD Practice in Relation to Leading Practice
General characteristics of best practice CPD strategies that were identified as being consistently effective
• Interactive programs with follow-up, NOT one-off
programs based on passive delivery
• Multi-professional training in the workplace and
aligning closely with practice
• Avoid new layers of training that burden professionals
(also consider costs – time and money)
• Support better use of existing opportunities and
practice-based activities.
• Reminders (manual or computerised prompts)
• Interactive conferences, lectures, workshops and meetings
• Problem-based discussion
• Small group breakout sessions
• Role plays (e.g. for client service, ethics)
• Outreach, educational visits, academic detailing (but this could
become resource and cost intensive because it may need repeat
visits to be effective).
Moderately effective strategies Enhancing effectiveness of CPD
• Audit and feedback of performance and practice
• Use of opinion leaders – perceived or nominated
by colleagues as being educationally influential
• Differentiate between national/expert and local and
influential leaders
• Start with first and second will/may emerge
• Quote: ‘...use of opinion leaders may be part of
a wider process of social negotiation and it has been
proposed that opinion leaders may initiate the process
of negotiation but social comparison may actually be
the factor that motivates individuals to change’. 16
• Client mediated interventions
• Social marketing, e.g. interviews, focus groups and
surveys- result in targeted interventions towards
individuals who will reap the most benefits
• Local consensus processing – discussion of a
problem/situation to come up with solution.
• Best practice in delivery of multifaceted CPD interventions.
• In person – most effective for knowledge and behaviour change
• Via internet or computer based program – good for knowledge but
not for behaviour change
• Distance learning – well received but addresses knowledge needs
and confidence, not behaviour change
• Combining interventions can increase effectiveness of even
moderate interventions
• One aspect/key to effectiveness is use of adult learning principles:
– Use simulations
– Interaction between participants
– Deal with attitudes and beliefs, not just knowledge
– Role play
– Sequencing to allow for application
– Reinforcement – a critical factor for change
– Mentorship – also important role in effectiveness of multifaceted
intervention (mentors need to be supported in their role).
16 From Strengthening Cancer Care: Professional Development Packages, Final Project Report Phase 1, June 2006 by Sydney University for Australian
Government and Cancer Australia.