EXPLANATORY STATEMENT

Migration Regulations 1994

Migration Legislation Amendment (Health Workforce Certificates Measures No. 1) Instrument (LIN 20/273) 2020

(subregulations 5.19(8), (11) and (13))

1. The instrument, LIN 20/273, is made under subregulations 5.19(8), (11) and (13) of the Migration Regulations 1994 (the Regulations).
2. The instrument amends Migration (LIN 19/047: Specification of Occupations—Subclass 187 Visa) Instrument 2019 (F2019L00276) and Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 (F2019L00275) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA 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 amend LIN 19/047 and LIN 19/049 to change the definition of Health Workforce Certificate (HWC).
4. The purpose of the instrument is to update the definition of HWC in LIN 19/047 and LIN 19/049. As a result of changes to LIN 19/048 and LIN 19/219 to introduce the Health Workforce Exemption Certificate (HWEC), the definition of HWC was amended in LIN 19/047 and LIN 19/049. The change to the definition of HWC in LIN 19/047 and LIN 19/049 by this instrument, ensures that the definition is the same as the definition of HWC in LIN 19/048 and LIN 19/219.
5. The instrument makes the following changes:
   1. LIN 19/047 –
      1.  simplifying the definition of HWC in section 4 of the instrument. The instrument removes paragraph (c) of the definition of HWC and inserts a new health workforce certifiers definition in section 4 of the instrument, maintaining the same certifiers with one small change;
      2. changing the name of Rural Health West Ltd from Western Australian Centre for Remote and Rural Medicine Ltd reflecting a change in the organisation’s name (ABN 29 123 188 367);
      3. removing requirements in paragraph (a) of the definition of HWC;
      4. adding a new subsection 6(4) to simplify the explanation of what is required in a HWC;
      5. removing paragraph (b) of the definition of HWC and inserting the same requirement into new subsection 6(3), which simplifies the explanation of what is required in a HWC.
   2. LIN 19/049 –
      1. removing paragraph (c) of the definition of HWC and inserting a new definition of health workforce certifiers in section 4 of the instrument, maintaining the same certifiers with one small change;
      2. changing the name of Rural Health West Ltd from Western Australian Centre for Remote and Rural Medicine Ltd reflecting a change in the organisation’s name (ABN 29 123 188 367);
      3. removing the requirements in paragraph (a) of the definition of HWC and adding those requirements to new subsection 8(2) to simplify the explanation;
      4. inserting new subsection 8(2) which requires a HWC  to specify which occupation the certificate is for;
      5. removing the requirement in paragraph (b) of the definition of HWC for a HWC to specify a particular occupation, to avoid duplicaiton with new subsection 8(2).
6. The amendments do not alter what constitutes a HWC or the requirement for an applicant for an occupation of General Practitioner, Resident Medical Officer, or Medical Practitioners (not elsewhere classified) to present a HWC to the Department.
7. Consultation was undertaken prior to the making of the instrument with the Department of Health.
8. The instrument commences on 16 December 2020. The amendments to:
   1. LIN 19/047 apply in relation to an application for approval of a nomination that is made on or after 16 December 2020; and
   2. LIN 19/219 apply in relation to an application for approval of a nomination that is made on or after 16 December 2020.
9. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 43170).
10. 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.