EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 18/051: SPECIFICATION OF OCCUPATIONS AND ASSESSING AUTHORITIES) INSTRUMENT 2018

 (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)

1. Instrument IMMI 18/051 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).
2. The instrument repeals the Migration (IMMI 18/007: Specification of Occupations and Assessing Authorities) Instrument 2017 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). Subsection 33(3) of the Acts Interpretation Act states that 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. The instrument operates to:
   • specify skilled occupations applicable for the class for the purposes of  subregulation 1.15I(1);
   • if item 1 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of item 4 of the table in subitem 1137(4B), and item 4 of the table in subitem 1230(4), of Schedule 1 to the Regulations;
   • if item 2 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of paragraph 1229(3)(k) of Schedule 1 to the Regulations;
   • if item 3 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of 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;
   • if item 4 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of 1230(4) of Schedule 1 to the Regulations;
   • specify persons and bodies as relevant assessing authorities for the purposes of subregulation 2.26B(1); and
   • specify the definition of ANZSCO for the purposes of regulation 1.03.
4. The ways in which the instrument is different from the instrument it replaces, IMMI 18/007, are set out in paragraphs 5 to 14.
5. This instrument introduces the Regional Occupation List  for migration to regional Australia for state and territory nominated applicants of the Skilled Regional (Provisional) (subclass 489) visa, and consequential changes to occupations previously listed on IMMI 18/007, based on labour market advice from the Department of Jobs and Small Business. The amended occupation lists ensure that the entry of skilled foreign workers to Australia remains carefully calibrated to Australia’s needs.
6. Items 1 to 4 of the table in subsection 7(1) establish four classes of persons. Item 4 has been added to the table in subsection 7(1). It establishes a new class of persons: state and territory government nominated applicants for the Skilled Regional (Provisional) (subclass 489) visa. Item 3 to the table in subsection 7(1) of Part 2 has been amended to remove references to persons who make an application for a Subclass 489 (Skilled – Regional (Provisional)) visa. 
7. Subsection 7(3) of Part 2 provides that for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation mentioned in column 1 of an item of an applicable list for the class is specified to be a skilled occupation for the class, subject to subsection 8(2) of this instrument. Subsection 7(3) previously referred to subsection 9(2). Subsection 9(2) has been removed as there are no longer any occupations in the Short-term Skilled Occupation List (STSOL) that are available only to a class specified in the table in subsection 7(1).
8. Column 2 of the table in subsection 7(1) specifies which lists are applicable to each class of persons. The Medium and Long-term Strategic Skills List (MLTSSL), STSOL and Regional Occupation List are applicable lists for the new class of persons specified by item 4.
9. Subsection 8(2) provides that, for the purposes of subsection 7(3), items of the MLTSSL which apply to the classes of persons mentioned in items 1 and 2 of the table in subsection 7(1) are marked with a letter ‘A’ in column 4. These occupations were previously marked with the letter ‘Y’. The effect of subsection 8(2) is that whilst the MLTSSL is an applicable list for all the classes of persons in the table in subsection 7(1), occupations marked ‘A’ are only skilled occupations for the classes of persons in items 1 and 2. The STSOL no longer has a ‘column 4’ as no occupations on the list are restricted to a class of persons mentioned in the table in subsection 7(1).
10. The Regional Occupation List is set out in the table in subsection 10(1) of Part 2. These occupations are restricted to a new class of persons specified in item 4 of the table in subsection 7(1). The intended effect is to provide a consolidated list of regional occupations available only for state and territory government nominated applicants for the Skilled Regional (Provisional) (subclass 489) visa.
11. The following occupations have been moved from the MLTSSL to the Regional Occupation List:

12.         The following occupations have been moved from the STSOL to the Regional Occupation List:

13.         The following new occupations have been added to the Regional Occupation List:

14.         In subsection 10 of part 2, the meaning of “SPA” has been updated from “Speech Pathology Association of Australia” to “Speech Pathology Australia”.

15.         The application provision in Part 2 of Schedule 1 to the instruments provides that the repealed instrument continues in force in relation to the following:

• each person included in a class of persons mentioned in column 1 of  items 1 and 3 in the table in subsection 7(1) of the repealed instrument, if the invitation mentioned in those items is issued before 18 March 2018;
• a person included in the class of persons mentioned in column 1 of item 2 in the table in subsection 7(1) of the repealed instrument, if the visa application mentioned in that item is made by that person before 18 March 2018.

1. The subject of this instrument is part of a broad package of reforms for the employer sponsored skilled visa programs, announced by the Government on 18 April 2017, to replace the Subclass 457 visa with the Subclass 482 visa, and make consequential amendments to permanent skilled visas. One element of these reforms was to introduce a list of occupations available for skilled migration to regional Australia, as defined by the Migration Regulations. The Department of Home Affairs has engaged with external stakeholders since the announcement in developing the policy settings and considered feedback received. Some settings of the existing framework have been carried over without amendment, and have not been the subject of consultation.
2. These reforms were also informed by earlier reviews including: the 2014 Independent Review into the Integrity of the Subclass 457 programme; the 2016 Productivity Commission Inquiry Report: Migrant Intake into Australia; the 2016 Review of the Temporary Skilled Migration Income Threshold; and the 2016 Senate Inquiry A National Disgrace: The Exploitation of Temporary Work Visa Holders. These reviews were subject to extensive consultation processes, including: individuals; academics; bodies and businesses who use the employer sponsored skilled visa programs; migration agents; representatives of foreign governments; the Ministerial Advisory Council on Skilled Migration; and government departments and agencies.
3. A Regulation Impact Statement has been prepared in accordance with advice from the Office of Best Practice Regulation (OBPR). The OBPR Reference numbers are 21946 and 22132.  
4. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, this instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
5. The instrument commences on 18 March 2018.