Immigration (Education) Act 1971 - Specification under subparagraph 4A(a)(ii) - English Courses for Holders of Certain Temporary Visas - June 2012

Administered by Department of Education

Legislation au F2012L01288 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Immigration (Education) Act 1971

 

ENGLISH COURSES FOR HOLDERS OF CERTAIN TEMPORARY VISAS

(Subparagraph 4A(a)(ii))

 

1. The Instrument, IMMI 12/038, is made under subparagraph 4A(a)(ii) of the Immigration (Education) Act 1971 (‘the Act’). The instrument revokes instrument number IMMI 10/058 signed on 8 December 2010.

 

2. Subparagraph 4A(a)(ii) of the Act provides that a person is eligible for English courses if he or she is in Australia and holds a temporary visa of a class specified in a legislative instrument made by the Minister.

 

3. The purpose of the Instrument is to specify classes of temporary visas, the holders of which will be able to access English courses.

 

4.        The Instrument operates to provide access to English courses for holders of the following temporary visas:

(a)                Business Skills (Provisional) (Class UR);

(b)               Business Skills (Provisional) (Class EB);

(c)                Interdependency (Provisional) (Class UG);

(d)               Partner (Provisional) (Class UF);

(e)                Partner (Temporary) (Class UK);

(f)                Resolution of Status (Temporary) (Class UH);

(g)               Skilled – Designated Area-sponsored (Provisional) (Class UZ);

(h)               Skilled – Independent Regional (Provisional) (Class UX);

(i)                 Skilled – Regional Sponsored (Subclass 475);

(j)                 Skilled – Regional Sponsored (Subclass 487); and

(k)               Skilled – Regional Sponsored (Subclass 489).

 

5. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference Number 13710).

7. Under section 42 of the Legislative Instruments Act 2003 the instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

 

8. This Instrument, IMMI 12/038, commences on 1 July 2012, immediately after the commencement of the Migration Amendment Regulation 2012 (No. 2).


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Legislative Instrument IMMI 12/038 – “English Courses for Holders of Certain Temporary Visas (Subparagraph 4A(a)(ii))”

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

Under Legislative Instrument IMMI 12/038 “English Courses for Holders of Certain Temporary Visas (Subparagraph 4A(a)(ii))” (the Legislative Instrument), the Minister for Immigration and Citizenship acts under subparagraph 4A(a)(ii) of the Immigration (Education) Act 1971 (the Act).  The purpose of this Legislative Instrument is to specify that the holders of particular temporary visas are eligible for access to English courses arranged by the Government for the purposes of subparagraph 4A(a)(ii) of the Act. 

The proposed changes to the Legislative Instrument are part of broader changes to the Migration Regulations 1994 (the Regulations) which will be implemented on 1 July 2012. 

The purpose of the proposed changes to the Legislative Instrument is to specify that the holders of a number of the new temporary visas created under the changes to the Regulations will be eligible for access to English courses arranged by the Government. 

 

Human rights implications

The proposed change to the Legislative Instrument can be said to engage Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in that it sets out adult access to English language education.  This goes beyond our obligation under ICESCR.  To the extent that the proposed changes to the Legislative Instrument makes English language tuition available to certain temporary visa holders, this is because it is limited to those temporary visa holders who are on a pathway to permanent residency or will be eligible for permanent residency.

Conclusion

This Legislative Instrument is compatible with human rights.

 

Overview

The Immigration (Education) Act 1971 was enacted to facilitate the integration of non-English speaking background individuals into Australian society by providing access to English language courses. This Act was designed to address the gap in educational support for temporary visa holders, ensuring they have the necessary language skills to participate effectively in Australian society and the workforce. The Australian Parliament enacted this Act to support the policy objective of enhancing the integration and employability of temporary visa holders. Legislative Instrument IMMI 12/038, made under the Act, specifies certain classes of temporary visas whose holders are eligible for access to English courses, thereby implementing a more inclusive approach to language education for these individuals.

Scope and Application

The Immigration (Education) Act 1971, as amended by the Legislative Instrument IMMI 12/038, applies to individuals in Australia holding specified temporary visas who are eligible to access English courses. The specified temporary visas include the Business Skills (Provisional) (Class UR and Class EB), Interdependency (Provisional) (Class UG), Partner (Provisional and Temporary) (Class UF and Class UK), Resolution of Status (Temporary) (Class UH), Skilled – Designated Area-sponsored (Provisional) (Class UZ), Skilled – Independent Regional (Provisional) (Class UX), and Skilled – Regional Sponsored (Subclass 475, 487, and 489). The legislation aims to provide access to English courses to those on a pathway to permanent residency or who will be eligible for permanent residency. This legislative instrument operates nationally and is subject to disallowance under section 42 of the Legislative Instruments Act 2003. Furthermore, it has been assessed as compatible with human rights, specifically engaging Article 13 of the International Covenant on Economic, Social and Cultural Rights. The instrument revokes the previous instrument IMMI 10/058 and commenced on 1 July 2012, aligning with broader changes to the Migration Regulations 1994.

Key Provisions

The main sections of the Immigration (Education) Act 1971, as amended by the Legislative Instrument IMMI 12/038, specify the temporary visa holders eligible for English courses (subsection 4A(a)(ii)). This legislative instrument outlines the temporary visas that qualify for access to these courses. These visas include the Business Skills (Provisional) (Class UR and Class EB), Interdependency (Provisional) (Class UG), Partner (Provisional) (Class UF) and (Temporary) (Class UK), Resolution of Status (Temporary) (Class UH), Skilled – Designated Area-sponsored (Provisional) (Class UZ), Skilled – Independent Regional (Provisional) (Class UX), and Skilled – Regional Sponsored (Subclass 475, 487, and 489). This means that individuals holding any of these temporary visas can access government-arranged English courses, facilitating their integration and potentially aiding in their pathway to permanent residency. The Act imposes several obligations on the parties involved, primarily the visa holders and the Department of Immigration and Border Protection. Visa holders must ensure they hold one of the specified temporary visas to be eligible for English courses. They must also comply with any conditions attached to their visas, such as maintaining their visa status and fulfilling any reporting requirements. The Department, on the other hand, is responsible for providing access to these courses, ensuring that the courses meet certain standards, and managing the enrolment and attendance of eligible visa holders. In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties related to the misuse or disqualification of English courses. However, general provisions under the Migration Act 1958 could apply, where non-compliance with visa conditions can lead to visa cancellation, deportation, and potential bans from re-entering Australia. These penalties underscore the importance of adhering to visa conditions and participating in available programs as intended. While the Legislative Instrument itself does not stipulate specific penalties for failing to comply with the access to English courses, broader implications under the Migration Act 1958 could apply. For instance, visa holders who do not comply with the terms and conditions of their visa, including failing to utilise available English courses, risk facing serious consequences such as visa cancellation, deportation, and potential re-entry bans. These potential penalties highlight the importance of adhering to visa conditions and the obligations placed on both visa holders and the Department in facilitating access to English courses.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.