Overview

The Australian Values Statement for Public Interest Criterion 4019, introduced by the Migration Regulations 1994, is an instrument designed to address the need for a clear statement of values that applicants for certain visa subclasses must adhere to. Enacted by the Minister for Immigration and Citizenship, the instrument aims to ensure that visa applicants understand and commit to the values and laws that underpin Australian society. Specifically, it provides the necessary wording for a values statement that applicants must sign to meet public interest criterion 4019, encompassing aspects such as the importance of Australian values, relevant matters concerning Australian citizenship, and compliance with Australian laws. This legislative instrument was deemed minor and exempt from disallowance, thereby not requiring a Regulatory Impact Statement or a Human Rights Statement of Compatibility. The instrument, IMMI 12/016, revokes a previous instrument signed in 2007 and is necessary for the implementation of the SkillSelect online system, enhancing the efficiency and effectiveness of the visa application process. This change was considered minor and did not substantially alter existing arrangements, hence consultation was deemed unnecessary. The instrument came into effect on 1 July 2012, aligning with the commencement of other related regulations.

Scope and Application

The Australian Values Statement for Public Interest Criterion 4019 is a legislative instrument made under Clause 3.1 of Part 3 to Schedule 4 of the Migration Regulations 1994, aimed at implementing the SkillSelect online system. It specifies the wording of a statement that applicants for certain visas must sign to meet the requirements of public interest criterion 4019. This statement encompasses values important to Australian society, matters concerning Australian citizenship where relevant, and compliance with Australian laws. The Instrument specifies which visa subclasses necessitate a statement that includes provisions relating to citizenship matters. Given its minor nature and the fact it does not substantially alter existing arrangements, consultation was deemed unnecessary under section 18(1) of the Legislative Instruments Act 2003. Furthermore, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required for this Instrument, as confirmed by OBPR Reference 2011/13150. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and therefore, a Human Rights Statement of Compatibility is not required. This Instrument, numbered IMMI 12/016, commenced on 1 July 2012, following the commencement of the Migration Amendment Regulation 2012 (No. 2).

Key Provisions

The Migration Regulations 1994, specifically Schedule 4, Part 3, Clause 3.1, requires the Minister to approve one or more values statements for certain subclasses of visas as part of the public interest criterion 4019 (Clause 3.1). This Instrument (IMMI 12/016) revokes the previous instrument (IMMI 07/077) and introduces new wording for the Australian Values Statement to align with the SkillSelect online system. The purpose of the Instrument is to specify the wording of a statement that applicants must sign, covering values important to Australian society, Australian citizenship matters (if relevant), and compliance with Australian laws (Clause 4). Each specified visa subclass under this Instrument requires applicants to sign a statement that includes provisions relating to these values and laws (Clause 5). The obligations imposed by the Instrument include ensuring that applicants for the specified visa subclasses understand and agree to the specified Australian values. This involves signing a statement that reflects these values, which may include aspects of Australian citizenship if applicable. The Instrument aims to maintain a consistent and clear understanding of the values and laws that underpin the visa application process. Applicants must fully comprehend and agree to these provisions before their application can proceed. The Instrument does not explicitly outline specific offences or penalties for breaches. However, non-compliance with the requirements to sign the Australian Values Statement may impact the processing and outcome of visa applications. The failure to meet these obligations could potentially lead to the refusal of a visa application, as the statement is a critical component of meeting the public interest criterion 4019. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements, which exempts it from certain regulatory requirements such as a Regulatory Impact Statement or a Human Rights Statement of Compatibility (Clauses 6, 7, 8). This Instrument commenced on 1 July 2012, following the commencement of the Migration Amendment Regulation 2012 (No. 2) (Clause 9).