Immigration (Education) Amendment Act 1991

Overview

The Immigration (Education) Amendment Act 1991 was enacted by the Parliament of Australia to address gaps and update provisions in the Immigration (Education) Act 1971. This amendment act introduced several changes to the Principal Act, including the replacement of certain definitions, the expansion of the scope of approved courses to include English and citizenship courses, and the extension of the provision of teaching and learning materials to cover specific groups. The policy objective, as articulated in the Minister’s second reading speeches, was to enhance the educational support for migrants, ensuring they receive appropriate language training and an understanding of Australian life and citizenship rights. The Act also included provisions for the Minister to arrange for language training and related services to non-government organisations, reflecting a broader aim to support the integration of migrants into Australian society.

Scope and Application

The Immigration (Education) Amendment Act 1991 amends the Immigration (Education) Act 1971 to update and refine provisions related to the provision of English courses and citizenship courses to migrants and others. This Act applies to the Minister for Immigration, Multicultural and Indigenous Affairs and any other relevant persons or entities engaged in the provision of educational services to migrants, including educational institutions and non-government organisations. The Act has a national jurisdictional reach, applicable across Australia, including its territories. It extends to provisions for the provision of courses and materials outside Australia for intending migrants, as well as within Australia and its territories for specified visa holders and their children. The Act also allows for the Minister to arrange for language training and related services to be provided to non-government organisations. There are no explicit exclusions or exemptions detailed within the text of the Act, though the eligibility for courses and services is limited to certain groups based on their immigration status and familial connections. The application and scope of the Act may be further defined or expanded through subordinate instruments, such as regulations or notices published in the Gazette, which can specify details such as the classes of temporary entry permits eligible for certain courses or the nature of the services to be provided under the Act.

Key Provisions

The Immigration (Education) Amendment Act 1991 (Act) amends the Immigration (Education) Act 1971 (Principal Act) in several key ways. The Minister is now empowered to arrange for English courses and citizenship courses to be provided outside Australia for persons intending to migrate to Australia and in Australia for certain eligible persons, including those with temporary or permanent entry permits, former holders of permanent entry permits who are now Australian citizens, children under 18 with at least one parent holding or who has held a permanent entry permit, and citizens of New Zealand who are exempt from certain provisions of the Migration Act 1958 and whose stay in Australia is not subject to a time limit (s 4). The Act also allows for the provision of these courses in the Territory of Cocos (Keeling) Islands or in the Territory of Christmas Island for eligible persons in those Territories (s 4). Teaching and learning materials can be provided for use in schools for teaching the English language or imparting an understanding of ways of life in Australia and of the rights and duties of an Australian citizen to children who are under 18 and have at least one parent who holds or has held a permanent entry permit (s 5). The Minister may also arrange to provide language training and related services to or for a non-government organisation or non-government body (s 9a). Under the Act, the Minister is responsible for arranging the provision of English courses and citizenship courses both in Australia and abroad, and for the provision of teaching and learning materials in schools for specific purposes and to specific groups. The Act also allows the Minister to provide language training and related services to non-government organisations or bodies (s 9a). The Minister must ensure that these courses and services are provided to the eligible persons specified in the Act, including those with various types of entry permits, former holders of permanent entry permits who are now Australian citizens, children under 18 with at least one parent holding or who has held a permanent entry permit, and citizens of New Zealand who meet certain criteria. Additionally, the Minister must ensure that teaching and learning materials are provided for use in schools for teaching the English language and imparting an understanding of ways of life in Australia and the rights and duties of an Australian citizen to the specified children. The Act does not explicitly state any offences or penalties for breach of its provisions. However, breaches of the Principal Act or related legislation, such as the Migration Act 1958, may result in civil or criminal penalties as provided under those Acts. For example, under the Migration Act 1958, a person who contravenes a provision of the Act may be subject to a pecuniary penalty, imprisonment, or both, depending on the nature and severity of the offence. The maximum penalties for offences under the Migration Act 1958 can vary widely, from fines of up to $22,200 for individual offenders and $111,000 for body corporate offenders, to imprisonment for terms ranging from a few months to several years, depending on the specific offence and circumstances.