EXPLANATORY STATEMENT
Migration Regulations 1994
IMPAIRMENT RATING
(REGULATION 1.15AA(1)(c))
- This Instrument is made under regulation 1.17 and paragraph 1.15AA(1)(c) of the Migration Regulations 1994 (‘the Regulations’).
- Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions
- Paragraph 1.15AA(1)(c) of the Regulations provides that the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified by Gazette Notice.
- The purpose of the Instrument is to specify an impairment rating of 30 for the purposes of paragraph 1.15AA(1)(c). The Instrument continues the impairment rating of 30 previously specified by Gazette Notice.
- The Instrument operates to specify an impairment rating of 30 for the purposes of paragraph 1.15AA(1)(c) and to remove a reference to Health Services Australia (HSA) from the Gazette Notice. HSA, a government business enterprise, has been contracted to provide Onshore Medical Services (OMS) for the Immigration Programme since its creation in 1997. One of the services included in the contract is medical assessments of Australian citizens and permanent citizens who are seeking to bring a relative to Australia as a carer. This contract is subject to regular tender process. As such, no single provider will be guaranteed to perform these services in perpetuity. To allow for the possibility that the OMS contract may be won by a body other than HSA, the Regulations have been amended to require that the medical assessment of a person seeking a carer be carried out by a health services provider specified by the Minister in an instrument in writing.
6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Instrument, IMMI 07/012, commences on 23 April 2007.