Handling a client complaint before it reaches OMARA

A complaint can turn into an OMARA referral very quickly if there is no clear internal process, no written record and no timely reply. In many firms, the real problem is not the original mistake, it is the delay, the silence or the defensive response that follows. A simple complaint procedure, used the same way every time, is one of the best ways to reduce that risk.

Why complaints escalate#

Most complaints start with one of four issues: cost, delay, communication or expectations. A client may say they did not understand the scope of work, they did not receive updates, they were charged more than expected, or they feel promises were made about timing or outcome.

Under the Migration Agents Code of Conduct 2021, several sections touch these issues directly. The written agreement under s42, the fee structure under s46, invoices and receipts under s49, client money handling under s50, and the ban on guarantees in s26 all matter when a complaint is reviewed. A complaint often becomes serious when the file does not clearly show what was explained, what was agreed and what happened next.

An early written response is often the single best protection against escalation. It shows that the complaint was taken seriously, it creates a contemporaneous record and it can correct misunderstandings before the client goes outside the practice. If the response addresses the actual concern, attaches the key documents and sets out the next step, many complaints stop there.

Put a complaint process in writing before you need it#

A workable process does not need to be long. It does need to be written down, known by staff and used consistently. If the office has no set method, each complaint will be handled differently, and that usually creates more risk.

A practical internal procedure can include these steps:

1. receive the complaint and log it on the day it arrives
2. acknowledge it in writing within one business day
3. pause any emotional or argumentative replies
4. collect the file, costs agreement, invoices, notes and emails
5. identify the issue category, such as delay, fees, scope or conduct
6. assign one responsible person to review and respond
7. send a substantive written response within a set timeframe
8. record the outcome and any remedial action
9. close the matter only after documents, refunds or corrections are completed

The procedure should also say who handles complaints about the principal, who approves refunds or fee reductions and where records are stored. Keep the process easy to find in the practice manual and induction materials.

If the business advertises migration services, it is also worth checking that the public-facing material is accurate and current. Misleading statements about services, experience or results can feed complaints, and s25 and s26 of the Code are often relevant in that context.

What the first response should do#

The first response is not the full answer. It is the acknowledgment. Its job is to show receipt, reduce temperature and set a timeframe.

A short acknowledgment can confirm the date the complaint was received, name the person handling it and state when a full response will be sent. It can also ask the client to resend any attachment that did not come through. Keep the tone neutral and professional.

The full written response should then deal with the complaint point by point. It helps to use headings such as scope of work, fees, communication history and next steps. If the complaint is about delay, set out a dated timeline. If it is about fees, attach the written agreement under s42, the fee structure under s46, and the invoices or receipts under s49.

A good response usually includes four things: what happened, what the records show, whether any error is accepted, and what will happen next. If the practice made a mistake, say so plainly and set out the remedy. If the file does not support the complaint, explain that calmly and attach the relevant documents.

This is where the early written response does most of its work. It gives the client something concrete to assess. It also creates a record that a regulator or professional body can later read without guessing what was said on the phone.

The documents that matter most#

Complaint handling is much easier when the file is complete. A thin file turns a manageable problem into a credibility contest. A complete file often resolves the issue on paper.

The key documents usually include:

• the consumer guide given before services started, s38, see also the consumer guide
• the signed written agreement, s42
• the fee structure and any variation in costs, s46
• invoices and receipts, s49
• client account records if money was held on trust or in a client account, s50
• file notes of calls and meetings
• copies of emails, text messages and portal messages
• any authority to deal with the Department, including Form 956 where relevant, Migration Act s312A
• records showing documents were returned if the retainer ended, s54
• retention records showing how the file is stored, s56

Where the complaint concerns money taken before the agreement was signed, check s51 carefully. If the complaint concerns return of documents after the retainer ended, check the 14-day rule in s54. These are straightforward compliance points that can be fixed quickly if something has been missed.

It is also sensible to check whether the client was told anything that could be read as a guarantee. The Code at s26 does not allow guarantees of outcomes. Even informal phrases in messages can become important later.

A practical internal procedure for migration practices#

The process works best when it is routine, not improvised. Below is a simple model that can be adapted to a sole practice or a larger office.

Step 1: log the complaint#

Open a complaint record immediately. Record the date, client name, file number, staff member involved, issue type and risk level. Save the original complaint unchanged.

Step 2: preserve the file#

Do not edit old file notes or tidy up emails after the complaint arrives. Add new notes as separate entries with dates and times. Preservation matters if the complaint later goes to OMARA.

Step 3: check immediate obligations#

If the client has asked for documents back, for an itemised bill, or for money held in a client account to be dealt with, check the relevant obligations at once. Delayed action on these practical issues often drives escalation more than the original dispute.

Step 4: appoint one reviewer#

One person should own the response. In a sole practice, that may be the agent. In a larger practice, it may be a supervisor or complaints officer. Avoid multiple staff replying separately.

Step 5: review against the Code and the retainer#

Compare the complaint to the written agreement, the invoices and the communication record. Then check the matching Code sections. This keeps the response factual and reduces emotional language.

Step 6: send the substantive response#

Use a dated letter or email. Address each issue in order. Attach the records relied on. If a remedy is offered, include the amount, action or timeframe in clear terms.

Step 7: complete the remedy#

If the office has agreed to a refund, fee adjustment, apology, file transfer or return of documents, complete it promptly and record completion. An offered remedy that is not carried out can trigger the referral that the response was meant to avoid.

Step 8: review the root cause#

After the matter closes, ask what allowed the complaint to arise. Common causes are poor scope descriptions, weak cost disclosures, no update schedule and careless language about timeframes. A short monthly review of complaints can improve the whole practice.

The kinds of responses that usually make things worse#

Some responses increase risk even if the original complaint is weak. The most common is no response at all. After that come defensive replies, legal threats and long emails that avoid the actual issue.

Another common mistake is answering only by phone. A phone call can help settle tone, but it should not replace a written reply. Without a written record, there is nothing clear to show what was addressed.

Blaming the Department, a third party or the client rarely helps unless the file clearly supports that explanation. Even then, it is better to set out the timeline and documents rather than argue. If the complaint touches false documents or incorrect information, note the seriousness of Migration Act ss234 and 245AR, and PIC 4020, but keep the response to process and record, not speculation.

It is also risky to offer a refund without checking the agreement and file first. A quick concession may solve one complaint but create inconsistency across other files. Use the same internal approval path each time.

Good systems reduce complaint risk before a complaint starts#

The best complaint handling starts before there is a complaint. Clients are less likely to escalate when the engagement documents are clear, updates are regular and costs are explained early.

The written agreement under s42 should match the actual work to be done. The fee structure under s46 should show how charges will be calculated and when extra work will cost extra. Receipts and invoices under s49 should be prompt and easy to understand. If money is held for the client, client account records under s50 should be accurate and up to date.

A short communication schedule also helps. For example, the office may send an update when a matter is lodged, when the Department asks for more information and at set intervals if there is no movement. Silence is one of the fastest ways to create distrust.

If a client is unhappy enough to look elsewhere, they may compare operators first. Public registers and background checks can shape expectations, so practices should make sure their own details are current and accurate. Visa consumers can use tools such as check an operator, and people seeking a fresh quote often use VisaBid to post a case.

Common questions#

How fast does a migration agent need to reply to a complaint?#

The Code does not set one universal number of days for every complaint response, but a prompt written acknowledgment and a timely substantive reply are good practice. Many offices use one business day for acknowledgment and several business days for the full response, depending on the file size. What matters most is that the timeframe is stated and then met.

Can a phone call fix the complaint without anything in writing?#

A phone call can calm things down, but it is not enough on its own. A written response creates a record of what was raised, what was checked and what was offered. If the matter later goes to OMARA, that record may be more important than the call.

What documents should be attached to the complaint response?#

Usually the most useful attachments are the written agreement, invoices, receipts, relevant emails and a dated timeline. If money handling is in issue, client account records may also matter. Attach only what is needed to answer the complaint clearly.

Does offering a partial refund mean the agent admits misconduct?#

Not necessarily. A refund or fee reduction can be a commercial resolution, a goodwill step or a correction of a billing issue. The written response can explain the basis of the adjustment and what issue it resolves, while keeping the rest of the record clear.

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