EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 17/126: Impairment Rating) Instrument 2017

(paragraph 1.15AA(1)(c))

1. Instrument IMMI 17/126 is made under paragraph 1.15AA(1)(c) of the Migration Regulations 1994 (Regulations).
2. The instrument IMMI 17/126 operates to specify an impairment rating of 30 for the purposes of paragraph 1.15AA(1)(c) of the Regulations.
3. Regulation 1.15AA of the Regulations requires an applicant applying for a visa as the carer of an Australian Citizen usually resident in Australia, an Australian Permanent Resident or an eligible New Zealand citizen, to provide a certificate in relation to a medical assessment.
4. This certificate must indicate that the person for whom the applicant intends to care has a medical condition causing an impairment and the impairment has the rating specified in the certificate.  Paragraph 1.15AA(1)(c) provides that the rating mentioned in the certificate is to be equal to, or exceed, the impairment rating specified in a legislative instrument.  Instrument IMMI 17/126 provides that the impairment rating is 30.
5. Subparagraph 1.15AA(1)(b)(iii) of the Regulations provides that the impairment rating is under the Impairment Tables within the meaning of subsection 23(1) of the Social Security Act 1991.  Subsection 23(1) provides that the impairment tables are determined by an instrument made under subsection 26(1) of the Social Security Act 1991.
6. The purpose of this instrument is to maintain the impairment rating of 30 which was previously specified in instrument IMMI 07/012, which sunsetted on 1 October 2017.
7. Consultation is not considered necessary as this instrument does not alter existing arrangements and maintains the previous impairment rating as the instrument IMMI 07/012.
8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22794).
9. 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.
10. Instrument IMMI 17/126 commences the day after it is registered on the Federal Register of Legislation.