Document ID: chunk:federal_register_of_legislation:F2024C00376:reg:56:p1
Version: federal_register_of_legislation:F2024C00376
Segment Type: reg
Provision Reference: reg 56 (pt 1/2)
Character Range: 60411–62997

56  Duty to maintain client files

Duty to create and maintain client files
 (1) A migration agent for a client must ensure that a client file is created and maintained for the client.
 (2) The client file must include the following:
 (a) a copy of the client's application or other immigration matter;
 (b) copies of all service agreements between the agent and the client and any variations to the agreements;
 (c) copies of all written communications (including electronic communications) between:
 (i) the agent and the client; and
 (ii) the agent and any other person or organisation, to the extent that the communications relate to the client;
 (d) all records made under section 55 in relation to the client;
 (e) records of material oral communications between the agent and any person or organisation other than the client, to the extent that the communications relate to the client;
 (f) copies of all invoices and receipts given by the agent relating to the client;
 (g) copies of all personal documents relating to the client given to the agent by, or on behalf of, the client;
 (h) evidence of the safe return of any original documents belonging to the client and given to the agent.
 (3) A migration agent may create and maintain a single file under subsection (1) for 2 or more clients who are members of the same family unit, other than a client who requests the agent to create and maintain a separate client file for the client.
 (4) A client file may be kept in written or electronic form, or partly written and partly electronic form.

Duty to keep client files for 7 years
 (5) A migration agent who has a duty under subsection (1) in relation to a client file must take all reasonable steps to ensure that the client file is kept for a period of 7 years after the last action on the file for the relevant client.
 (6) Subsection (5) does not prohibit a migration agent from transferring possession of a client file to another migration agent.
 (7) If a migration agent (the original agent) transfers possession of a client file for a client to another migration agent (the receiving agent):
 (a) the receiving agent must take all reasonable steps to ensure that the client file is kept for a period of 7 years after the date of the last action on the file for the client; and
 (b) except as required or authorised by law, the receiving agent must not disclose, or allow to be disclosed, to a third person any personal information contained in the client file relating to:
 (i) the client; or
 (ii) the client's affairs;
  without the written consent of the client.