Can a migration agent sue me for sharing news about their disciplinary hearing?
The situation
I live in Melbourne, Victoria, and I am currently trying to organise my visa paperwork. About three months ago, back in early February, I hired a registered migration agent to help with my application. I paid him a total of $2,500 upfront for his services. However, things went wrong very quickly; he missed several crucial deadlines and stopped returning my calls entirely. Last week, I was browsing the official government website and I saw a formal notice stating that his registration has been cancelled because of his professional misconduct. The notice explained exactly why the authorities made that decision against him. Since I am worried about other people in my local community group getting scammed, I shared a summary of that official notice on our private Facebook group and sent a quick email to a few friends to warn them. Now, I am feeling quite anxious because the former agent has sent me a very aggressive message claiming that I am damaging his reputation and threatening to take me to court for damages. I want to know if I am legally allowed to share the details of that official decision with others, or if he can actually sue me for publishing that information even if it was just a summary of what the government posted.
Quick Summary
No, the former agent likely cannot sue you for damages if you shared the information in good faith. Under the Migration Act, you are protected from legal action for publishing summaries of official disciplinary decisions.
Detailed Analysis
Statutory Citations
Legal Citation: Migration Act 1958 § Section 311C — Making disciplinary details publicly available
"No action or other proceeding for damages lies against a person for publishing in good faith: (a) a copy of; or (b) an extract from; or (c) a summary of; a statement under this section."View Official Legislation →
Legal Citation: Migration Act 1958 § Section 305A — Making disciplinary details publicly available
"If a registered migration agent is given notice of a decision under section 303, then the Migration Agents Registration Authority: (a) must as soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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