Overview

The explanatory statement pertains to the Migration Regulations 1994, an Act designed to address the need for updated and streamlined procedures within Australia's immigration framework. Enacted by the Australian Parliament, the objective of this legislation is to ensure that the immigration system remains efficient and responsive to changes in social, economic, and medical service provider landscapes. Specifically, the explanatory statement addresses the need to update the impairment rating criteria for certain medical assessments required under the Regulations. This update aims to maintain the integrity and functionality of the immigration system, ensuring that it continues to meet the evolving needs of applicants and the broader public interest. The explanatory statement clarifies that the amendment, specified in the instrument IMMI 07/012, was made to specify an impairment rating of 30, as required by paragraph 1.15AA(1)(c) of the Migration Regulations 1994. This amendment continues the impairment rating previously specified in a Gazette Notice and removes reference to a specific provider, Health Services Australia, to allow flexibility in the provision of medical services. The change is intended to ensure the continuity and adaptability of the medical assessment process for immigration applicants, reflecting the dynamic nature of service provision in the public sector. The instrument, which commenced on 23 April 2007, does not require consultation as it is considered minor and primarily of a machinery nature.

Scope and Application

The Explanatory Statement outlines an amendment to the Migration Regulations 1994 concerning the impairment rating specified for the purposes of a particular provision within the Regulations. This Instrument is made under the authority granted by regulation 1.17 and paragraph 1.15AA(1)(c) of the Migration Regulations 1994. The primary purpose of this Instrument is to specify an impairment rating of 30 for the purposes of paragraph 1.15AA(1)(c), thereby continuing the rating previously specified by a Gazette Notice. This adjustment is necessary to ensure that the ongoing medical assessments for individuals seeking to bring a relative to Australia as a carer are carried out by a health services provider specified by the Minister, reflecting the competitive tender process for Onshore Medical Services. The removal of the reference to Health Services Australia from the Gazette Notice is intended to accommodate potential changes in the service provider for these medical assessments. The Instrument is of a minor nature, does not substantially alter existing arrangements, and commenced on 23 April 2007.

Key Provisions

The main provisions of this Instrument under the Migration Regulations 1994 (the "Regulations") include the specification of an impairment rating of 30 for the purposes of paragraph 1.15AA(1)(c) of the Regulations (regulation 1.15AA(1)(c)). This requirement pertains to the medical assessments of Australian citizens and permanent citizens who seek to bring a relative to Australia as a carer. The Instrument specifies that these assessments must be carried out by a health services provider specified by the Minister in a written instrument (regulation 1.17). The Instrument imposes obligations on parties involved in the medical assessment process for individuals seeking to bring a relative to Australia as a carer. Specifically, the Minister must specify the health services provider responsible for conducting these assessments in a written instrument. This written instrument is intended to ensure that only authorised providers carry out the necessary medical evaluations. Additionally, the Instrument continues the impairment rating of 30 previously specified by Gazette Notice, which ensures consistency in the assessment criteria used for carer applicants. In terms of enforcement and consequences, the Instrument does not explicitly outline specific offences or penalties for non-compliance with the specified requirements. However, breaches of the Regulations generally can lead to various civil or criminal consequences, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties for breaches of the Regulations are detailed in section 275 of the Migration Act 1958, which can include fines of up to $42,000 for individuals and $210,000 for bodies corporate, as well as imprisonment for up to two years. The Instrument, IMMI 07/012, was made without the need for consultation as it is of a minor or machinery nature and does not substantially alter existing arrangements (section 18 of the Legislative Instruments Act 2003). The Instrument commenced on 23 April 2007, and its primary function is to clarify and maintain consistency in the process of medical assessments required for individuals seeking to bring a relative to Australia as a carer.