EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/072: SPECIFICATION OF OCCUPATIONS AND ASSESSING AUTHORITIES) INSTRUMENT 2017
(regulation 1.03; subregulation 1.15I(1); subregulation 2.26B(1); subitem 1137(4C) of Schedule 1; item 4 of the table in subitem 1138(4) of Schedule 1; paragraph 1229(3)(k) of Schedule 1; and item 4 of the table in subitem 1230(4) of Schedule 1)
- Instrument IMMI 17/072 is made under regulation 1.03; subregulation 1.15I(1); subregulation 2.26B(1); subitem 1137(4C) of Schedule 1; item 4 of the table in subitem 1138(4) of Schedule 1; paragraph 1229(3)(k) of Schedule 1; and item 4 of the table in subitem 1230(4) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
- The instrument IMMI 17/072 operates to:
- specify skilled occupations applicable for the class for the purposes of subregulation 1.15I(1);
- specify skilled occupations for the purposes of item 4 of the table in subitem 1137(4B), item 4 of the table in subitem 1230(4), paragraph 1229(3)(k), item 4 of the table in subitem 1138(4), and item 4 of the table in subitem 1230(4), of Schedule 1 to the Regulations in regard to the specification of occupations, where relevant, on the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL). Those occupations were previously specified in IMMI 16/059; and
- specify persons and bodies as relevant assessing authorities for the purposes of subregulation 2.26B(1).
- The instrument 17/072 specifies matters previously included in instrument
IMMI 16/059 (F2016C01004) which is repealed by instrument IMMI 17/081. - The occupations that that have been added to and removed from the MLTSSL and STSOL from the previous relevant instrument IMMI 16/059 are based on the first regular review of occupations eligible for skilled visas. The changes made are a result of advice from Government departments and extensive consultation with industry. The amended occupation lists ensure that the entry of skilled foreign workers to Australia remains carefully calibrated to Australia’s needs.
- The instrument IMMI 17/072 also specifies the meaning of Australian and New Zealand Standard Classification of Occupations (ANZSCO) for the purpose of regulation 1.03. This list can be found at the Australian Bureau of Statistics website.
- Consultation was undertaken with the Department of Education and Training, the Department of Employment, the Department of Foreign Affairs and Trade, the Department of Industry, Innovation and Science, the Department of Health, the Department of Communications and the Arts, the Department of Infrastructure and Regional Development, the Department of Agriculture and Water Resources, the Australian Research Council and Austrade.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference: 22495).
- Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The instrument commences on 1 July 2017.
Overview
The Migration Regulations 1994 were enacted to provide the legislative framework governing Australia's migration policies and processes. The specific instrument IMMI 17/072, enacted in 2017, was designed to address the need for regular updates and calibration of the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) to ensure that the influx of skilled foreign workers aligns with Australia's current and future economic needs. This was achieved through the specification of relevant skilled occupations and assessing authorities, based on advice from government departments and extensive industry consultation. The instrument repealed the previous instrument IMMI 16/059 and introduced changes reflecting the first regular review of occupations eligible for skilled visas, ensuring the lists remain relevant and responsive to Australia's skill requirements.
Scope and Application
The Migration Regulations 1994 (IMMI 17/072) specify the skilled occupations eligible for skilled migration visas, and the assessing authorities responsible for evaluating the qualifications of applicants. This instrument applies to individuals seeking skilled migration visas and the entities or authorities responsible for assessing their qualifications. The specified occupations are those that align with Australia's strategic skills needs, as determined through consultation with various government departments and industry stakeholders. This includes occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL), which have been updated based on a comprehensive review. The instrument also defines the meaning of the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for the purposes of the regulations. The geographic reach of this instrument is national, as it pertains to the administration of skilled migration visas across Australia. The instrument does not require a Regulatory Impact Statement and is exempt from disallowance, meaning it does not necessitate a Statement of Compatibility with Human Rights. The instrument came into effect on 1 July 2017.
Key Provisions
The instrument IMMI 17/072 (subregulation 1.15I(1)) specifies the skilled occupations eligible for the skilled independent visa subclass 189 under the Migration Regulations 1994. It also updates the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) (item 4 of the table in subitem 1137(4B), item 4 of the table in subitem 1230(4), paragraph 1229(3)(k), item 4 of the table in subitem 1138(4), and item 4 of the table in subitem 1230(4) of Schedule 1 to the Regulations) by identifying the occupations that have been added or removed based on the first regular review of occupations eligible for skilled visas. This review was informed by consultations with various government departments and industry stakeholders to ensure that the skilled migration program meets Australia's current and future needs. The instrument also specifies the assessing authorities responsible for assessing applications related to these skilled occupations (subregulation 2.26B(1)).
The obligations imposed by this instrument on relevant parties include ensuring that the occupations listed on the MLTSSL and STSOL are accurate and up-to-date, reflecting Australia's skill requirements. Assessing authorities must also comply with the specified criteria for assessing applications related to the occupations listed. Furthermore, the instrument mandates that the meaning of Australian and New Zealand Standard Classification of Occupations (ANZSCO) is adhered to as per regulation 1.03, which can be referenced on the Australian Bureau of Statistics website.
Failure to comply with the provisions set out in the instrument IMMI 17/072 may result in various consequences, although specific penalties are not detailed within the explanatory statement. However, it is implied that non-compliance with the Migration Regulations 1994 could lead to refusal of visa applications, potential revocation of visas, and other administrative actions taken by the Department of Home Affairs. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, which means that a Statement of Compatibility with Human Rights is not required.