Migration Regulations 1994 - List of Occupations Requiring English - regulation 1.19 - February 1998

Administered by Department of Home Affairs

Legislation au F2006B00552 Not in force Legislative Instrument

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 COMMONWEALTH OF AUSTRALIA

 

 

 Migration Act 1958

 

 

 Migration Regulations

 

 

 

 LIST OF OCCUPATIONS REQUIRING ENGLISH - REGULATION 1.19

 

 

I, PHILIP RUDDOCK, Minister for Immigration and Multicultural Affairs, acting under regulation 1.19 of the Migration Regulations, hereby:

 

(1) REVOKE all earlier notices made under regulation 1.19 of the Migration Regulations; and

 

(2) PUBLISH THE LIST OF THE OCCUPATIONS REQUIRING PROFICIENCY IN ENGLISH of at least the standard required for the award of 15 points under Part 3 of Schedule 6 of the Migration Regulations, being those occupations described in the Schedule to this notice.

 

 

 

 

Dated    2 February   1998.

 

 

 

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

 

[NOTE (1). Regulation 1.19 of the Migration Regulations provides that the Minister may publish by Gazette Notice a list of occupations requiring proficiency in English of at least the standard required for the award of 15 points under Part 3 of Schedule 6 of the Regulations.

NOTE (2). This notice has effect on and from Gazettal.]


SCHEDULE

 

OCCUPATIONS REQUIRING ENGLISH

 

(A) ALL OCCUPATIONS included in the following Major Groups listed in the Australian Standard Classification of Occupations Dictionary ("ASCO Second Edition Dictionary"):

1. Major Group 1 - Managers and Administrators;

2. Major Group 2 - Professionals;

3. Major Group 3 - Associate Professionals;

4. Major Group 4 - Tradespersons and Related Workers; and

5. Major Group 5 - Advanced Clerical and Service Workers.

 

BUT NOT INCLUDING any of the Occupations that are contained in the following ASCO Second Edition Dictionary Unit Groups included in those Major Groups:

6. 1311 - Mixed Crop and Livestock Farmers;

7. 1312 - Livestock Farmers;

8. 1313 - Crop Farmers;

9. 1314 - Aquaculture Farmers;

10. 2515 - Ministers of Religion;

11. 2531 - Visual Arts and Craft Professionals;

12. 2532 - Photographers;

13. 3322 - Chefs;

14. 4612 - Shearers;

15. 4614 - Animal Trainers.

 

AND NOT INCLUDING the following ASCO Second Edition Dictionary Occupations included in those Major Groups:

16. 2533-11 - Fashion Designer;

17. 2533-17 - Interior Designer;

18. 2537-13 - Singer;

19. 2537-15 - Instrumental Musician;

20. 2537-17 - Composer;

21. 2537-79 - Musicians and Related Professionals, not elsewhere classified;

22. 2538-13 - Dancer or Choreographer;

23. 3993-11 - Jockey;


24. 4211-11 - Motor Mechanic;

25. 4213-11 - Panel Beater;

26. 4214-11 - Vehicle Painter;

27. 4215-11 - Vehicle Body Maker;

28. 4216-11 - Vehicle Trimmer;

29. 4411-11 - Carpenter and Joiner;

30. 4411-13 - Carpenter;

31. 4411-15 - Joiner;

32. 4412-11 - Fibrous Plasterer;

33. 4413-11 - Roof Slater and Tiler;

34. 4414-11 - Bricklayer;

35. 4415-11 - Solid Plasterer;

36. 4416-11 - Wall and Floor Tiler;

37. 4416-13 - Stonemason;

38. 4421-11 - Painter and Decorator;

39. 4423-11 - Floor Finisher;

40. 4512-11 - Baker;

41. 4512-13 - Pastrycook;

42. 4513-11 - Cook;

43. 4519-13 - Buttermaker or Cheesemaker;

44. 4931-11 - Hairdresser;

45. 4941-17 - Apparel Cutter;

46. 4941-79 - Clothing Tradesperson, not elsewhere classified;

47. 4982-13 - Glass Blower.

 

(B) ALL OCCUPATIONS contained in the following ASCO Second Edition Dictionary Unit Group:

48. 6323 - Waiters.

 

 

 

 

 

Overview

The Migration Act 1958, enacted by the Parliament of Australia, governs the entry, stay, and departure of individuals from Australia. It provides the legal framework for managing migration to the country, addressing issues such as skill shortages, family reunification, and humanitarian considerations. The Act aims to ensure that migration contributes positively to Australia's social, economic, and cultural life. In 1998, the Minister for Immigration and Multicultural Affairs, Philip Ruddock, introduced a legislative instrument under regulation 1.19 of the Migration Regulations to address the need for English language proficiency among migrants. This legislative instrument revoked earlier notices and published a list of occupations requiring English proficiency at least to the standard required for the award of 15 points under Part 3 of Schedule 6 of the Migration Regulations. The policy objective was to ensure that migrants in specific occupations could effectively communicate in English, thereby facilitating their integration into the Australian workforce and society.

Scope and Application

The Migration Regulations 1994, under the Migration Act 1958, provide that the Minister for Immigration and Multicultural Affairs can specify occupations that require English language proficiency for the purpose of awarding 15 points under Part 3 of Schedule 6 of the Regulations. The listed occupations requiring proficiency in English are specified in the Schedule to the Notice, and these occupations fall under Major Groups 1 to 5 of the Australian Standard Classification of Occupations Dictionary, excluding certain occupations as specified. The regulation applies to individuals seeking to migrate to Australia and apply for skilled migration visas, specifically those listed under the specified occupations. The scope of this regulation is national, applying across all states and territories of Australia. There are specific exclusions noted in the Schedule, such as certain farming, religious, artistic, and trade-specific occupations. The application of this regulation may be further refined or expanded through subordinate instruments, allowing the Minister to adjust the list of occupations requiring English proficiency as necessary.

Key Provisions

The key provisions of this legislative instrument concern the list of occupations that require English language proficiency for migration purposes. According to section 1 of this instrument, the Minister for Immigration and Multicultural Affairs, Philip Ruddock, has revoked all previous notices made under regulation 1.19 of the Migration Regulations (subsection (1)). He has also published the current list of occupations that require English language proficiency of at least the standard required for the award of 15 points under Part 3 of Schedule 6 of the Migration Regulations (subsection (2)). The list is detailed in the Schedule to this notice and includes all occupations within certain major groups of the Australian Standard Classification of Occupations Dictionary, with specified exceptions (Schedule). The obligations imposed by this legislation include ensuring that the list of occupations requiring English language proficiency is updated and published in accordance with the Migration Regulations. The list must be comprehensive, covering all relevant occupations while excluding those that are specified as exceptions. This requirement ensures that the criteria for English language proficiency are consistently applied across the specified occupations, which are critical for migration purposes. Failure to meet the English language proficiency requirement for the listed occupations can have significant consequences. While the specific civil or criminal penalties are not detailed in this instrument, breaches of the Migration Act 1958 can result in various penalties, including fines and imprisonment. The penalties depend on the nature and severity of the breach, and the exact consequences would be determined under the relevant sections of the Migration Act. It is essential for individuals and entities governed by this legislation to ensure compliance with the English language requirements to avoid potential legal repercussions.

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