EXPLANATORY STATEMENT
Immigration (Education) Act 1971
PROCEDURES OR STANDARDS FOR FUNCTIONAL ENGLISH
(SUBSECTION 3(2))
1. This Instrument, IMMI 10/057, is made under subsection 3(2) of the Immigration (Education) Act 1971 (‘the Act’).
2. Subsection 3(2) of the Act provides that the Minister may, by legislative instrument, specify procedures or standards for the purposes of the definition of functional English in subsection 3(1).
3. Subsection 3(1) of the Act provides that a person has functional English if the provider of an approved English course determines, in accordance with any procedures or standards specified by the Minister under subsection 3(2), that the person has functional English.
4. The purpose of the Instrument is to specify procedures and standards for the purposes of the definition of Functional English.
5. The Instrument operates to specify that Functional English is basic social proficiency in English assessed at International Standard Language Proficiency Rating 2 across all four macro skills (reading, writing, listening and speaking).
6. 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.
7. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument (OBPR reference number 11735).
8. This Instrument, IMMI 10/057, commences on 1 January 2011.
Overview
The Immigration (Education) Act 1971, enacted by the Parliament of Australia, was introduced to address the need for a clear definition and assessment of functional English proficiency among immigrants seeking to study in Australia. This Act allows the Minister for Immigration and Citizenship to specify procedures and standards for determining functional English. The Explanatory Statement to IMMI 10/057, made under subsection 3(2) of the Act, aims to define Functional English as basic social proficiency in English, assessed at International Standard Language Proficiency Rating 2 across all four macro skills: reading, writing, listening, and speaking. The instrument is intended to ensure a consistent and objective assessment of English language skills, which is crucial for the integration and educational success of immigrants in Australia. The Office of Best Practice Regulation confirmed that this instrument is minor and does not impose significant compliance costs or competition impacts.
Scope and Application
The Immigration (Education) Act 1971 applies to persons seeking to enter Australia for educational purposes, as well as to educational institutions and course providers. The Act is instrumental in determining the English language proficiency of individuals applying for a student visa, thereby ensuring they have the necessary language skills to participate effectively in educational activities. The Act's jurisdictional reach is national, operating under the Commonwealth to set standards and procedures for assessing functional English proficiency. The Act specifies that a person has functional English if they demonstrate basic social proficiency in English, assessed at an International Standard Language Proficiency Rating of 2 across all four macro skills: reading, writing, listening, and speaking. This assessment is conducted by the provider of an approved English course in accordance with procedures and standards outlined in subordinate instruments like IMMI 10/057. There are no exclusions or exemptions explicitly stated in the Act, though the application of these standards is subject to the provisions of any subordinate instruments which may further detail or refine the application of these standards.
Key Provisions
The Immigration (Education) Act 1971, as supplemented by IMMI 10/057, establishes specific procedures and standards for determining when a person has achieved functional English (subsection 3(1), 3(2)). Functional English, as defined in the legislation, refers to a basic social proficiency in English, assessed across four key macro skills: reading, writing, listening, and speaking, at the International Standard Language Proficiency Rating 2 level. This legislative instrument was created to provide clarity on what constitutes functional English for the purposes of the Act.
Under this Act, the Minister has the authority to specify the necessary procedures and standards that approved English course providers must follow when determining if an individual has functional English (subsection 3(2)). These procedures and standards are crucial as they ensure consistency and reliability in the assessment process across different educational institutions and providers. The Act imposes on these providers the obligation to adhere to the specified procedures and standards when evaluating the English proficiency of individuals. This includes using a recognised method to assess the four macro skills at the specified proficiency level.
Failure to comply with the specified procedures or standards could potentially lead to legal consequences. However, the Act itself does not explicitly outline specific offences, penalties, or other legal repercussions for breaches. It is likely that any enforcement or penalties would be pursued under the broader administrative framework of the Immigration (Education) Act 1971 or related legislation, depending on the context and severity of the breach. The consequences could range from administrative penalties to more severe actions such as the revocation of an institution's approval status as an English course provider.