Overview

The Migration (LIN 18/170: Professional Year Programs) Instrument 2018, enacted under the Migration Regulations 1994, addresses the need to recognise and facilitate professional year programs for overseas graduates seeking to enter the Australian workforce. This instrument is established to clarify and update the list of accredited professional year programs, ensuring they align with the current professional standards and occupational requirements. The enacting body is the Australian Government, with the policy objective of providing a structured pathway for overseas graduates to gain the necessary skills and work experience to become job-ready in Australia. This initiative aims to support the transition of skilled migrants into the Australian labour market by recognising their overseas qualifications and professional experience, thereby enhancing their employability and integration into the workforce.

Scope and Application

The Migration (LIN 18/170: Professional Year Programs) Instrument 2018 amends the Migration Regulations 1994 to update the names of professional bodies and specify the professional year programs recognised for migration purposes. The instrument applies to overseas graduates who have completed a professional year program in occupations specified by the Minister and who are applying for a General Skilled Migration visa. These programs are intended to assist graduates in becoming job-ready in their chosen occupation in Australia. The instrument updates the name of The Institute of Chartered Accountants in Australia to Chartered Accountants Australia and New Zealand and specifies the professional year programs run by The Australian Computer Society, Chartered Accountants Australia and New Zealand, Certified Practising Accountants Australia, the Institute of Public Accounting, and Engineers Australia, which are available to information technology, accounting, and engineering graduates, respectively. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. It commences on the day after registration on the Federal Register of Legislation.

Key Provisions

The key provisions of the instrument involve the definition and recognition of professional year programs for migration purposes under subregulation 2.26AC(6) of the Migration Regulations 1994. This instrument specifically updates the name of The Institute of Chartered Accountants in Australia to Chartered Accountants Australia and New Zealand, and lists approved professional year programs for various occupations. These programs are designed to offer overseas graduates structured study and work experience in their nominated occupations, helping them to become job-ready in Australia. Notably, only certain occupations will have professional year programs recognised for migration purposes, and these programs must be relevant to the occupation specified in the graduate’s General Skilled Migration (GSM) visa application (subregulation 2.26AC(6)). The obligations imposed by this instrument on the relevant parties primarily revolve around the specification and recognition of professional year programs. The Minister is tasked with identifying and specifying which professional year programs are acceptable for migration purposes. This involves ensuring that the programs are formally structured and relevant to the nominated occupation of the graduate. The professional year programs must also be offered by specified bodies, such as The Australian Computer Society, Chartered Accountants Australia and New Zealand, Certified Practising Accountants Australia, the Institute of Public Accounting, and Engineers Australia. These bodies are responsible for running the programs in accordance with the specified criteria. The instrument does not explicitly outline offences, penalties, or consequences for non-compliance. However, by specifying which professional year programs are acceptable for migration purposes, it implicitly establishes a framework that must be followed. Failure to adhere to the specified criteria could result in the professional year program not being recognised for migration purposes, potentially affecting the graduate's eligibility for points under the GSM points test. The instrument's compliance framework is enforced through the Migration Regulations 1994 and related legislative instruments, which may include administrative or legal consequences for non-compliance. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights. It also does not require a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation (OBPR Reference 24058). The instrument comes into effect the day after its registration on the Federal Register of Legislation, ensuring timely implementation of the updated specifications for professional year programs.