EXPLANATORY STATEMENT
Issued by authority of the Assistant Minister for Immigration
Migration Regulations 1994
Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025
The instrument Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025 (departmental reference LIN 25/110) is made under the following provisions of the Migration Regulations 1994 (Migration Regulations):
- subregulation 2.72(9) in Part 2A (for the amendments of Migration (Specification of Occupations —Subclass 482 Visa) Instrument 2024 (LIN 24/089));
- subregulation 5.19(11) in Part 5 and paragraph 186.234(2)(a) of Schedule 2 (for the amendments of Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024 (LIN 24/093)); and
- subclause 494.224(6) (for the amendments of Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019 (LIN 19/260)).
The instrument amends LIN 24/089, LIN 24/093 and LIN 19/260 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). Subsection 33(3) of the Acts Interpretation Act relevantly provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
The instrument commences on the day after it is registered on the Federal Register of Legislation. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
The instrument amends LIN 24/089, LIN 24/093 and LIN 19/260 to make technical and clarifying amendments and certain other updates that have been identified following the implementation of a broad suite of skilled visa reforms implemented in December 2024.
The amendments of LIN 24/089 correct the six digit Australian and New Zealand Standard Classification of Occupations (ANZSCO) code for the ‘Management Consultant’ occupation in the Core Skills Occupation List (CSOL).
The amendments of LIN 24/093 apply caveats 11 and 13 to the Management Consultant occupation in the Core Skills Occupation List (CSOL). The caveats, specified in section 8 of LIN 24/093, are occupation-specific criteria which prevent a position being nominated, unless it can be demonstrated that the circumstances described by the caveat do not apply. Caveat 11 provides that the position is in a business that has an annual turnover of less than AUD1,000,000. Caveat 13 provides that the position is in a business that has fewer than 5 employees.
Amendments of LIN 24/093 and LIN 19/260 update the table of relevant assessing authorities to reflect that the Australian Community Workers Association is now known as Community Work Australia. Assessing authorities assess the skills of a person to ensure they meet the standards for a particular occupation.
Further amendments of LIN 19/260 specify a list of assessing authorities for the purposes of subclause 494.224(6).
Background
On 7 December 2024, a number of reforms were made to the skilled visa program by the Migration Amendment (2024 Measures No. 1) Regulations 2024, which amended the Migration Regulations to establish the Subclass 482 (Skills in Demand) visa (SID visa) to replace the Subclass 482 (Temporary Skill Shortage) visa (TSS visa). This delivered on a commitment outlined in the Migration Strategy, released in December 2023.
Consultation
The Department consulted on the broader skilled visa reform package as part of the Migration Strategy with business, unions and other stakeholders throughout the Migration Review. Whole of Government consultation occurred, along with consultation involving peak body, state and territory, and industry representatives via the Ministerial Advisory Council on Skilled Migration (MACSM) and Senior Migration Officers Group (SMOG) groups.
In addition, the Department consulted with Jobs and Skills Australia (JSA) who consulted widely on the composition of the Core Skills Occupation List (CSOL), advertising a draft version for public comment; with the Department of Employment and Workplace Relations (DEWR) on the assessing authorities for the new SID visa; and with the Australian Bureau of statistics (ABS) on the definition of ANZSCO applicable to the SID visa. These further amendments, as provided for in this instrument, are technical in nature, and additional consultation was not considered necessary as the amendments do not alter the purpose, scope or use of the SID visa.
Parliamentary scrutiny and other matters
A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the instrument is compatible with human rights, as the amendments are technical in nature and do not engage any of the applicable rights or freedoms. A copy of the Statement is at Attachment A.
Further details of the instrument are set out in Attachment B.
The instrument is made, in part, under Part 2A of the Migration Regulations and is to that extent a disallowable legislative instrument for the purposes of section 42 of the Legislation Act.
The instrument was made by the Assistant Minister for Immigration in accordance with the Migration Regulations.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025
This Disallowable 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 Disallowable Legislative Instrument
On 7 December 2024, a number of reforms were made to the skilled visa program by the Migration Amendment (2024 Measures No. 1) Regulations 2024, which amended the Migration Regulations 1994 (the Regulations) to create the Subclass 482 (Skills in Demand) visa (SID visa) to replace the Subclass 482 (Temporary Skill Shortage) visa (TSS visa). This delivered on a commitment outlined in the Migration Strategy, released in December 2023.
This Disallowable Legislative Instrument amends the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 (LIN24/089) to address legislative inconsistencies following the commencement of the SID visa.
This Disallowable Legislative Instrument corrects the code for the ‘Management Consultant’ occupation in the Core Skills Occupation List (CSOL). Subsection 6(3) of LIN 24/089 sets out the CSOL, their corresponding ANZSCO codes, and any applicable circumstances, for the purposes of subparagraph 2.72(8)(b)(i), subregulation 2.72(9) and paragraph 2.72(9)(d) of the Migration Regulations. This Disallowable Legislative Instrument amends the CSOL to insert the correct ANZSCO code in subsection 6(3), table item 79, column 2.
Human rights implications
The main effect of this Disallowable Legislative Instrument is to amend the CSOL to insert the correct ANZSCO code for the occupation of ‘Management Consultant’. This does not make any substantive change to the content, meaning, classification or availability of the ‘Management Consultant’ occupation for the purpose of the SID visa.
As such, the amendments made by this Disallowable Legislative Instrument are technical in nature and do not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Matt Thistlethwaite MP
Assistant Minister for Immigration
ATTACHMENT B
Details of the Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025
Section 1 – Name
This section provides that the title of the instrument is the Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025 (LIN 25/110).
Section 2 – Commencement
This section provides that the instrument commences on the day after it is registered.
Section 3 – Authority
This section provides that the instrument is made under the Migration Regulations 1994 (Migration Regulations).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Migration (Specification of Occupations – Subclass 482 visa) Instrument 2024
Item 1 – Subsection 6(3) (cell at table item 79, column 2)
This item amends the Core Skills Occupation List (CSOL) to insert the correct ANZSCO code for the occupation of ‘Management Consultant’.
Subsection 6(3) of LIN 24/089 sets out the CSOL, the corresponding ANZSCO code for each occupation, and any applicable circumstances, for the purposes of subparagraph 2.72(8)(b)(i), subregulation 2.72(9) and paragraph 2.72(9)(d) of the Migration Regulations. This amendment is technical only to correct the ANZSCO code and address a typographical error in the original instrument.
Schedule 2—Amendments
Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024
Item 1 – Subsection 7(1) (cell at table item 79, column 4)
Subsection 7(1) of LIN 24/093 sets out the CSOL for the purposes of subregulation 5.19(11) of the Regulations.
Column 4 of the table at subsection 7(1) indicates where an applicable circumstance, commonly referred to as a ‘caveat’, applies to an occupation on the CSOL. In order for a position to be nominated, an applicant must demonstrate that the circumstances set out in the caveat do not apply to the position.
This item amends the table to apply caveats 11 and 13 to the occupation of Management Consultant on the CSOL.
This item has the effect that an applicant in the Management Consultant occupation must demonstrate that the position is not:
- in a business that has an annual turnover of less than AUD1,000,000; and
- in a business that has fewer than 5 employees.
These caveats ensure that the Management Consultant occupation is not used in businesses that are not of a size and scale to require a Management Consultant on a full-time basis.
The same caveat applied to applications for a Subclass 482 (Temporary Skill Shortage) visa (TSS visa) where the nominated occupation was Management Consultant. This amendment brings the Subclass 482 (Skills in Demand) visa (SID visa) in line with the former TSS visa.
Item 2 – Section 9 (table)
This item omits the existing table in section 9, which contains a list of relevant assessing authorities and their relevant acronyms, and substitutes a new table to reflect that the Australian Community Workers Association (ACWA) is now known as Community Work Australia (CWA).
Schedule 3—Amendments
Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019
Item 1 – Section 3
This item repeals the authority provision in section 3 of LIN 19/260 and substitutes a new section 3. This section appropriately clarifies that the instrument is made under both subregulation 2.26B(1) of Part 2 and paragraph 494.224(6) of Schedule 2 to the Migration Regulations. This amendment ensures that the principal instrument, as amended from time to time, continues to reflect all provisions of the Migration Regulations that provide legislative authority for the Minister to make the principal instrument.
Item 2 – Section 5
This item repeals section 5 of LIN 19/260 and substitutes it with a new section 5.
New subsection 5(1) provides that a person or body mentioned in column 2 of an item of the Medium and Long-term Strategic Skills list or the Regional Occupation List is specified as the relevant assessing authority for an occupation for the purposes of subregulation 2.26B(1) of the Migration Regulations. This subsection maintains existing arrangements.
New subsection 5(2) provides that a person or body mentioned in column 2 of an item of the Medium and Long-term Strategic Skills list or the Regional Occupation List specifies the assessing authority for an occupation for the purposes of paragraph 494.224(6) of Schedule 2 to the Migration Regulations.
Item 3 – Section 9 (table)
This item replaces the table in section 9 of LIN 19/260. The table in section 9 contains a list of relevant assessing authorities and their relevant acronyms. The substituted table reflects that the Australian Community Workers Association (ACWA) is now known as Community Work Australia (CWA).