These inherent requirements apply to the following course:

  • Graduate Diploma in Migration Law and Practice

Australian Catholic University and the Thomas More Law School (TMLS) strongly supports the right of all people to pursue a Graduate Diploma in Migration Law and Practice. 

Inherent requirements are the essential components of a course or unit that demonstrate the abilities, knowledge and skills to achieve the core learning outcomes of the course or unit, while preserving the academic integrity of the University’s learning, assessment and accreditation processes. The inherent requirements are the abilities, knowledge and skills needed to complete the course that must be met by all students. 

Students with a disability or chronic health condition may be able to have reasonable adjustments made to enable them to meet these requirements. 

The School is committed to making reasonable adjustments to teaching and learning, assessment, professional practice and other activities to enable students to participate in their course. Reasonable adjustments must not fundamentally change the nature of the inherent requirement. 

Registration as a Migration Agent in Australia is governed by the Office of the Migration Registration Authority under the Migration  Act (Cth) 1985.  This requires the completion of a prescribed course that covers academic content and knowledge requirements that a student must acquire in order to pass each unit.

To support prospective and current students’ decision making, a series of inherent requirement statements have been developed. These statements specify the essential skills, knowledge and abilities required for the Graduate Diploma in Migration Law and Practice. Students should use this information to make informed decisions about their chosen course of study. The statements are clustered under five domains:

  • Minimum Knowledge Skills
  • Ethical behaviour  
  • Behavioural Stability 
  • Legal  
  • Communication
    • written communication.

The inherent requirements outlined below provide a guide to inform decision making for students and staff. 

If you are intending to enrol in the Graduate Diploma in Australian Migration Law and Practice in the Thomas More Law School (TMLS), you should look at these inherent requirement statements and think about whether you may experience challenges in meeting these requirements. 

If you think you may experience challenges for any reason including a disability or chronic health condition, you should discuss your concerns with the TMLS staff, such as the Course Coordinator or campus Disability Advisor. These staff can work collaboratively with you to determine reasonable adjustments to assist you to meet the inherent requirements. In the case where it is determined that inherent requirements cannot be met with reasonable adjustments, University staff can provide guidance regarding other study options. 

These inherent requirements should be read in conjunction with other course information.

The inherent requirements are made up of the following five components: 

  • Level 1 - introduction to the inherent requirement 
  • Level 2 - description of the inherent requirement 
  • Level 3 - explanation of why this is an inherent requirement of the course 
  • Level 4 - the nature of any adjustments that may be made to allow you to   meet the requirement 
  • Level 5 - examples of tasks you must be able to do to show you’ve met the requirement (in-class and clinical). The exemplars provided are not intended as an exhaustive list. 

Inherent requirement domains

There are five domains of inherent requirements in the Graduate Diploma in Migration Law and practice. Some domains have a number of sub-domains.  

  • Minimum Knowledge Levels
  • Ethical behaviour  
  • Behavioural Stability 
  • Legal  
  • Cognition
  • Communication
    • written communication

 
Level Inherent requirement statements

Units in this course have learning outcomes which state the academic content, level, and knowledge requirements that  a student must acquire in order to pass the unit.

Registration as a Migration Agent in Australia is governed by the Office of the Migration Registration Authority under the Migration  Act (Cth) 1985.  This requires the completion of a prescribed course that covers academic content and knowledge requirements that a student must acquire in order to pass each unit.

Justification of inherent requirement: 

The Graduate Diploma in Australian Migration Law and Practice offered by the TMLS is an accredited degree that enables a student to register as a Migration Agent. Accreditation is dependent upon annual certification by the Dean that there is compliance with the requirements of  under the  Migration  Act (Cth) 1985.

Adjustments must not compromise the knowledge requirements and learning outcomes for academic units. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars: 

  • Undertaking a range of assessment tasks such as exams, written assignments, presentations, and practical applications that demonstrate his or her own knowledge of the required content. The student must demonstrate his or her knowledge by way of assessment tasks that make reasonable allowance for any disability, provided such allowance does not compromise knowledge requirements and learning outcomes for the unit.
  • Completion of a written examination of 2 or 3 hours duration under exam conditions, with appropriate adjustments where needed, that do not compromise the integrity of the examination as a demonstration of the student's own knowledge.
 
Level Inherent requirement statements

Migration Agent is a profession governed by competency standards, rules and codes of ethics, professional conduct and professional boundaries where Migration Agents are both accountable and responsible for ensuring professional behaviour in all contexts.

Student demonstrates knowledge of, engages in, and understands the requirements of ethical behaviour.

Justification of inherent requirement:
Compliance with the codes, guidelines and policies facilitates safe, competent interactions and relationships for students and/or the people they engage with. This ensures the physical, psychological, emotional and spiritual wellbeing of the individual is not placed at risk

Adjustments must  not compromise codes of conduct or result in unethical behaviour. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars: 

  • Complying with academic and non-academic misconduct policies.
  • Demonstrating honesty, and compliance with professional conduct rules, confidentiality requirements, rules of natural justice, professional etiquette, and procedural requirements.
 
Level Inherent requirement statements

Behavioural stability is required to function and adapt effectively and sensitively in a demanding professional role

Student demonstrates the behavioural stability and resilience required to work constructively in a diverse and changing academic, professional, and placement environment.

Justification of inherent requirement: 

  • Behavioural stability is required to work individually and in teams in changing, challenging and unpredictable environments. Migration Law and Practice students will be exposed to emotionally challenging and intellectually demanding situations and human suffering and will be required to have the necessary behavioural and intellectual stability to manage these events objectively and professionally.

Adjustments must support effective and professional behaviour in academic, professional, and placement settings. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

 Exemplars:

  • Being perceptive, receptive and professional in responding appropriately to constructive feedback.
  • Coping with own emotions and behaviour effectively when dealing with individuals in academic, professional, and placement settings.
 
Level Inherent requirement statements

Practice as a migration Agent is mandated by specific legislation, rules, and codes of conduct to enable the professional delivery of this service.

Student demonstrates knowledge and compliance with Australian Law, professional rules, codes of conduct, regulations, and scope of practice. 

Justification of inherent requirement: 

  • Knowledge, understanding, and compliance with legislative and regulatory requirements are necessary prerequisites to advice, courtroom settings, mediations and other negotiations in order to manage the risk of harm to self and others, as well as achieving learning outcomes.

Compliance with these professional regulations and the Australian Law ensures that students are professional, responsible and accountable for their practice.

Adjustments  must be consistent with legislation, rules, codes of practice and regulatory requirements. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars:

  • Complying with relevant child protection, and safety legislation.
  • Complying with legal requirements in relation to procedural requirements, including Statutory Declarations.
 
Level Inherent requirement statements

Consistent and effective knowledge and cognitive skills must be demonstrated to provide safe and competent legal assistance and advice.

Student demonstrates:

  • Capacity to locate appropriate and relevant information
  • Ability to process information relevant to practice
  • Integrate and implement knowledge in practice
  • Ability to understand the principles of the duty owed to the court and to the client

Justification of inherent requirement: 

Delivery of quality legal advice and being able to advocate and negotiate a client's case is based on comprehensive knowledge that must be sourced, understood and applied to enable the provision of best practice quality legal assistance.

Adjustments must ensure that a clear demonstration of knowledge and cognitive skills is not compromised or impeded. Adjustments specific to the individual can be discussed with the campus Disability Advisor.

Exemplars:

  • Ability to conceptualise and use appropriate knowledge in response to academic assessment items
  • Applying knowledge of policy and procedures in the clinical and placement setting
 
Level Inherent requirement statements

Competent listening and comprehension skills are essential to provide professional and effective delivery of legal advice to the client.

Student demonstrates:

  • The ability to accurately acquire information and convey appropriate messages
  • Ability to read and comprehend a range of literature and information
  • The capacity to understand and implement legal conventions to construct written text in a legal context

Justification of inherent requirement: 

The ability to acquire information in a variety of circumstances and to accurately convey messages is necessary to demonstrate the capacity to deliver effective legal advice and assistance to clients
The ability to read, decode, interpret and comprehend multiple sources of information is necessary to demonstrate the capacity to deliver effective legal advice and assistance to clients

Adjustments to address Listening and comprehension issues must demonstrate a capacity to effectively acquire, comprehend, apply and communicate accurate information in a timely manner. Adjustments specific to the individual can be discussed with the campus Disability Advisor.

Exemplars:

  • Demonstrating the ability to acquire information and convey messages accurately and effectively
  • Demonstrating the ability to produce accurate, concise and clear legal documentation

Verbal Communication

 
Level Inherent requirement statements

Effective and efficient verbal communication, in English, is an essential requirement to provide safe, effective, professional advice and practice.

Student demonstrates: 

  • The ability to communicate with others accurately, appropriately, and in a timely manner.
  • The ability to provide and respond to clear instructions in context.

Justification of inherent requirement: 

  • The profession of Migration Agent is founded on the giving of advice to others.
  • Speed and interactivity of communication may be critical for effectiveness of advice.
  • Timely, accurate and effective delivery of instructions is critical to individual client safety and management.

Adjustments must address effectiveness, timeliness, clarity and accuracy issues. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars: 

  • Participating in academic, professional, and placement discussions.
  • Responding appropriately to advice that is being sought in professional and placement environments.

  Non-verbal Communication

Level Inherent requirement statements

Effective non-verbal communication is fundamental to the legal profession and needs to be courteous, respectful, clear, attentive, empathetic, honest and non-judgmental.

Student demonstrates: 

  • Capacity to recognise, interpret and respond appropriately to behavioural cues
  • Displays consistent and appropriate awareness of own behaviours
  • Responds with sensitivity to individual differences

Justification of inherent requirement: 

  • The ability to observe and understand non-verbal cues assists with building rapport with people and gaining their trust and respect in academic and professional relationships
  • Displaying consistent and appropriate demonstrative behaviour being mindful of space, time boundaries and body movements and gestures promotes trust in academic and professional relationships
  • Being sensitive to individual differences displays respect and empathy to others and develops trusting relationships

Adjustments must enable the recognition, initiation of or appropriate response to effective non-verbal communication in a timely and appropriate manner. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars: 

  • Recognising and responding appropriately in academic, professional, and placement discussions.
  • Recognising and responding appropriately to cues in professional and placement environments.to lecturers and fellow students in class.

Written Communication

Level Inherent requirement statements

Effective written communication in English is a fundamental to practice as a Migration Agent.

Student demonstrates ability to write coherently in English.

Justification of inherent requirement:  

  • Receiving and accurately documenting clients instructions, and the construction of written text based assessment tasks to reflect the required academic standards,  are necessary to convey knowledge and understanding of relevant subject matter, procedures and professional practice.
  • Accurate written communication, including e-mail, letter writing, record-keeping and client instructions and notes, is vital to provide consistent and professional client care.
  • Advocacy, mediation, arbitration and negotiations require the preparation of clear and precise documentation.

Adjustments must meet necessary standards of clarity, accuracy and accessibility to ensure effective recording and transmission of information in academic settings. Adjustments specific to the individual can be discussed with the campus Disability Advisor. 

Exemplars: 

  • Constructing academic works including essays, problem questions, quizzes, and reflections to appropriate academic standards.
  • Drafting documents to appropriate professional standards.

*Developed from: Johnson, A., Allan, T., Phillips, K., Azzopardi, T., Dickson, C., Goldsmith, M & Hengstberger- Sims, C. (2011). Inherent Requirements of Nursing Education (IRONE), Western Sydney University School of Nursing & Midwifery and Student Equity & Disability Services.


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