Most people who give migration advice in Australia are required to be either a registered migration agents, or a legal practitioner with an unrestricted practising certificate. This system was introduced to protect people from unscrupulous migration advisers. Migration Agents must be registered with the Office of the Migration Agents Registration Authority (MARA).

From 22 March 2021, Legal practitioners who practice migration law or give migration legal advice in connection with legal practice are not eligible to be registered with MARA. However, they must hold an unrestricted legal practising certificate through their state legal practitioner’s board. In South Australia, legal practising certificates are issued by the Law Society of South Australia.

Migration Agents are regulated by the Office of Migration Agents Registration Authority (MARA). Complaints about the conduct of registered migration agents are made to MARA, who has authority to consider the complaint and determine if MARA is able to take disciplinary action (including cancellation of licence, suspension, barring or caution).

Via the MARA website a person can search for a registered migration agent, make a complaint about a registered agent, and locate other relevant information.

Unlawful operators are people providing immigration advice and assistance who are not registered migration agents (or persons otherwise entitled to give advice under one of the exceptional categories under the Migration Act 1958). Complaints about unlawful operators who provide migration assistance are not able to be investigated by MARA and should be reported to the Department of Home Affairs- Border Watch website.

It is an offence to provide advice about visa applications or sponsorship or assist in the preparation of visa applications without being a registered migration agent or falling under one of the exceptional categories (i.e. a legal practitioner with unrestricted practising certificate).

Legal practitioners who hold an unrestricted practising certificate will be able to provide immigration advice to clients without having to also be registered as a migration agent. This means that legal practitioners with an unrestricted practising certificate are allowed to provide migration advice and assistance in connection with legal practice. See 'Lawyers and Migration Law'.