Migration (IMMI 18/009: Credentialled Community Language Qualifications) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00359 In force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 18/009 - Credentialled Community Language Qualifications) Instrument 2018

(item 6D91 of Part 6D.9 of Schedule 6)

  1. The instrument, IMMI 18/009 is made under Item 6D91 of Part 6D.9 of Schedule 6 to the Migration Regulations 1994 (the Regulations).
  2. The instrument revokes IMMI 12/020 – Credentialled Community Language Qualifications (F2012L01285) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. Item 6D91 of Schedule 6 to the Regulations provides that general skilled migration visa applicants who hold an applicable credentialled community language qualification are eligible for five points towards their points test score. In order to be eligible for these points, the applicant must have a qualification in a particular language awarded or accredited by a body specified by the Minister and at the specified standard.
  4. The instrument operates to specify that the National Accreditation Authority for Translators and Interpreters (NAATI) is a credentialled community language body. Further, the instrument specifies that NAATI offers credentialled community language qualifications at three certification levels which meet the standard for eligibility for the credentialled community language points.
  5. The purpose of the instrument is to incorporate a new certification scheme for the credentialled community language qualifications offered by NAATI. The instrument incorporates an additional qualification for persons who are seeking recognition of their credentialled community language skills so that they are eligible for five points for their visa application, but are not seeking formal qualification as an interpreter or translator.
  6. Under the new scheme there are three levels of formal credentialled community language qualifications that may be issued by NAATI accreditation at the paraprofessional level or above, certification at the certified provisional level or above or a community language credential.
  7. The eligibility requirements for accreditation by NAATI at the paraprofessional level or above are:

Advanced

  1. a degree or higher (in any field) from a recognised higher education institution or equivalent professional knowledge and experience; and
  2. current NAATI accreditation at the professional level in the relevant language; and 
  3. an employer reference as proof that the applicant has been practising regularly as a translator for a minimum of two years.

Professional

  1. general education to degree or diploma level in any field; or
  2. current NAATI accreditation at the paraprofessional level.

Paraprofessional

  1. education equivalent to at least four years of Australian secondary education; and
  2. proficiency in both English and the tested language.

8.             The certification by NAATI at the certified provisional level or above contains the following levels:

  1. certified provisional interpreter;
  2. certified interpreter/translator;
  3. certified specialist interpreter;
  4. certified conference interpreter; and
  5. certified advanced translator
  1. The community language credential is the new certification option available from NAATI.  This credential is obtained following successful completion of the credentialled community language test.
  2. All visa applicants who have obtained language qualifications issued by NAATI prior to the instrument commencing will still be eligible for credentialled community language points. Previous NAATI qualifications held by applicants will be recognised and those applicants will not need to re-apply for language qualifications from NAATI under the new scheme in order to be eligible for credentialled community language points.
  3. The instrument is relevant to (applications for):
  1. Skilled – Independent (Permanent) (Class SI)
  2. Skilled – Nominated (Permanent) (Class SN); and
  3. Skilled – Regional Sponsored (Provisional) (Class SP) visas.

12.         Consultation was undertaken with the NAATI.

13.         The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23120).

14.         Under section 42 of the Legislation Act 2003, the Instrument is subject to disallowance.  A Human Rights Statement of Compatibility (the Statement) has been completed in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011.

15.         The instrument commences on 26 March 2018.

 

 

 

 

 

 

 

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

MIGRATION (IMMI 18/009: CREDENTIALLED COMMUNITY LANGUAGE QUALIFICATIONS) INSTRUMENT 2018

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

The National Accreditation Authority for Translators and Interpreters (NAATI) is making two changes to their accreditation framework. Firstly they are introducing NAATI Certification to replace the current accreditation process. Secondly, NAATI is introducing a "Credentialled Community Language" (CCL) test to differentiate between individuals seeking formal qualifications as an Interpreter/Translator and those seeking to have their credentialled community language skills recognised.

The skilled migration points test is used for visa subclasses 189, 190 and 489, as a way to rank intending migrants against each other based on their age, skills and qualifications. Under points test, applicants are eligible for 5 points if they meet the threshold for Credentialled Community Language qualifications. This threshold is specified in Legislative Instrument IMMI 12/020 and when the changes to NAATI accreditation commence, IMMI12/020 will no longer be accurate.

This Instrument has been drafted to address this and that reflects NAATI’s new accreditation model. The relevant changes made to reflect the new NAATI accreditation model are minor, and do not engage any human rights.

 

Human rights implications

This Disallowable Legislative Instrument does 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 Alan Tudge MP
Minister for Citizenship and Multicultural Affairs

 

 

Overview

The Migration (IMMI 18/009 - Credentialled Community Language Qualifications) Instrument 2018, enacted in 2018, was introduced to address the need for updating the framework governing credentialled community language qualifications in Australia. This instrument was made under the authority of the Migration Regulations 1994 and is designed to align the regulations with the changes implemented by the National Accreditation Authority for Translators and Interpreters (NAATI) in their accreditation processes. The policy objective of this instrument is to ensure that skilled migration visa applicants holding appropriate language qualifications are eligible for the additional points in their visa application process. By revoking the previous instrument (IMMI 12/020), this new legislation incorporates NAATI's revised certification levels and new community language credential, facilitating a smoother transition for applicants under the new scheme while maintaining their eligibility for points. Consultation with NAATI was undertaken to ensure the instrument's effectiveness and relevance. The Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required for this instrument. The instrument is subject to disallowance under section 42 of the Legislation Act 2003, and a Statement of Compatibility with Human Rights was completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the instrument does not engage any human rights issues. The instrument came into effect on 26 March 2018, ensuring that skilled migration visa applicants could continue to benefit from their language qualifications under the updated NAATI framework.

Scope and Application

The Migration (IMMI 18/009 - Credentialled Community Language Qualifications) Instrument 2018 applies to skilled migration visa applicants who seek to gain points towards their points test score through a credentialled community language qualification. Specifically, it applies to applicants for the Skilled – Independent (Permanent) (Class SI), Skilled – Nominated (Permanent) (Class SN), and Skilled – Regional Sponsored (Provisional) (Class SP) visas. The instrument specifies that the National Accreditation Authority for Translators and Interpreters (NAATI) is the accredited body responsible for issuing these qualifications, which are now offered at three levels to cater to different skill sets and purposes. The instrument's application is within the jurisdictional reach of the Commonwealth of Australia, as it operates under the Migration Regulations 1994. It revokes the previous instrument IMMI 12/020 and incorporates a new certification scheme to reflect NAATI's updated accreditation model. Importantly, it ensures that previous NAATI qualifications will still be recognised for the purposes of the points test. Any further details or modifications to the application of this instrument may be addressed through subordinate instruments, though no such extensions or restrictions are noted in the current text.

Key Provisions

The main operative sections of the instrument, IMMI 18/009, under Item 6D91 of Part 6D.9 of Schedule 6 to the Migration Regulations 1994, revoke the previous credentialled community language qualifications instrument, IMMI 12/020 (section 1). This revocation is necessary to incorporate a new certification scheme for the credentialled community language qualifications offered by the National Accreditation Authority for Translators and Interpreters (NAATI). The new scheme introduces three levels of formal credentialled community language qualifications that NAATI can issue, namely paraprofessional, certified provisional, and community language credentials (section 2). These qualifications allow applicants to gain points towards their points test score in skilled migration visa applications. The obligations imposed by this Act on parties or entities are primarily related to the new certification scheme for community language qualifications offered by NAATI. Skilled migration visa applicants must obtain a qualification in a particular language from NAATI, at one of the specified levels, to be eligible for the five points towards their points test score. NAATI, as the specified body, is responsible for awarding or accrediting these qualifications and ensuring they meet the standards outlined in the instrument. Additionally, applicants must provide the necessary documentation to prove their eligibility for the specified qualifications, such as educational qualifications, current NAATI accreditation, and employer references. Breaches of the requirements outlined in this instrument can lead to civil and criminal consequences. While the specific penalties for breach are not stated in the instrument, it is important to note that the instrument is subject to disallowance under section 42 of the Legislation Act 2003. Furthermore, the instrument has been found to be compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. Any breach of the requirements may result in the applicant not being eligible for the five points towards their points test score, which could impact their skilled migration visa application.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Licensing & Registration
Compliance Obligations
Enforcement Powers
Catchwords
Credentialled Community Language Qualifications

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.