EXPLANATORY STATEMENT
Migration Regulations 1994
ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS)
(Clause 5A102)
- This Instrument is made under clause 5A102 of the Migration Regulations 1994 (the Regulations). It revokes Instrument IMMI 14/002 (F2014L00318) signed on 16 March 2014.
2. Clause 5A102 of the Regulations provides that the Minister may, by legislative instrument, specify an English language proficiency test as an alternative to the International English Language Testing System (IELTS) test, the foreign country or countries in which that test may be taken by an applicant, and the test score that must be achieved by the applicant.
3. The purpose of the Instrument is to specify which English language proficiency tests may be used as an alternative to the IELTS test, in which countries, and the scores that must be achieved by an applicant.
4. The English language proficiency tests that may be used as an alternative to the IELTS test are:
- the Test of English as a Foreign Language (TOEFL) Paper-Based test;
- the (TOEFL) internet-Based test (also known as TOEFL iBT),
- the Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English),
- the Pearson Test of English Academic test (PTE Academic); and
- the Occupational English Test (OET).
5. The TOEFL Paper-Based test is available to be taken by an applicant only in a certain foreign country or countries specified in Schedule 1, while other tests may be taken in any foreign country or countries.
6. The Instrument operates to specify the minimum English language proficiency test scores for student visa applicants who undertake an alternative test to IELTS. The Instrument is updated to specify the new test score format for Cambridge English: Advanced (CAE) tests undertaken from 1 January 2015.
7. Consultation was conducted with the following: Department of Education, Austrade, Australian Council of Private Education and Training, Australian Government Schools International, Council of International Students Australia, Council of Private Higher Education Inc., English Australia, International Education Association of Australia, Independent Schools Council of Australia, Universities Australia, Australian Capital Territory Government, Department of Education and Training, New South Wales Government, NSW Trade and Investment, Industry, Innovation, Hospitality & the Arts, and StudyNSW, Northern Territory Government, International Education, Queensland Government, TAFE International, Department of Education, Training and Employment, South Australian Government, Department of State Development, Tasmanian Government, Government Education and Training International, and the Victorian Government, International Education, as part of the broader consultation relating to the expansion of alternative English language tests across other visa programmes.
8. The Office of Best Practice Regulation has been consulted and a Regulatory Impact statement is not required (OBPR Reference 17457).
9. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. This Instrument IMMI 14/080 commences on 1 January 2015.