Overview

The Migration Regulations 1994 Disclosure of Information to Prescribed Bodies 2015 Instrument, enacted in 2015, was introduced to address the need for updating the list of bodies authorised to receive identifying information under the Migration Act 1958. This regulation was created under the authority of the Migration Regulations 1994 and specifies certain Commonwealth, state, territory, and foreign bodies that are authorised to receive such information. The objective of this regulation is to include the Fair Work Ombudsman as a prescribed body, aligning with a recommendation from the 457 Integrity Review, an independent review conducted in 2014. This review suggested that the Department should provide real-time information to the Fair Work Ombudsman relevant to the 457 Programme. The enacting body for this regulation is the Minister, who specifies the prescribed bodies via a Gazette Notice under regulation 5.34D. The Instrument revokes the previous Instrument, IMMI 13/048, and came into effect on 18 April 2015.

Scope and Application

The instrument, DISCLOSURE OF INFORMATION TO PRESCRIBED BODIES 2015 (F2015L00567), is made under regulation 5.34D of the Migration Regulations 1994 and specifies certain Commonwealth, State, Territory, and foreign bodies authorised to receive identifying information as prescribed bodies under the Migration Act 1958. This instrument revokes IMMI 13/048 (F2013L01038) and updates the list of prescribed bodies by including the Fair Work Ombudsman. The purpose of this update is to facilitate the provision of real-time information relevant to the 457 Programme to the Fair Work Ombudsman, following a recommendation from the 457 Integrity Review. This review involved extensive stakeholder consultation, including face-to-face meetings and written submissions. The instrument operates under the authority granted by paragraph 336F(1)(d) of the Migration Act 1958, which allows the disclosure of identifying information by officers specified by the Secretary for authorised purposes to prescribed bodies. The instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and it commenced on 18 April 2015.

Key Provisions

The main operative sections of this legislation, the Migration Regulations 1994, pertain specifically to the disclosure of information to prescribed bodies as outlined in Regulation 5.34D (section 3). This regulation revokes the previous instrument, IMMI 13/048 (section 2), and specifies certain Commonwealth, state, territory, and foreign bodies authorized to receive identifying information. This update was made to incorporate the Fair Work Ombudsman as a prescribed body, aligning with the recommendations from the 457 Integrity Review (section 5). The new regulation permits the disclosure of identifying information to these prescribed bodies for authorized purposes (section 4). The obligations and requirements imposed by the Act on the parties or entities it governs include the specification of prescribed bodies authorized to receive identifying information. These prescribed bodies are to be identified by the Minister through a Gazette Notice, in accordance with regulation 5.34D (section 3). The disclosure of information is permitted only to these prescribed bodies and must be conducted by officers specified by the Secretary for authorized purposes (section 4). The prescribed bodies listed in this regulation remain consistent with those specified in the previous instrument, with the addition of the Fair Work Ombudsman as recommended by the 457 Integrity Review (section 5). Any breaches of the provisions outlined in the Migration Regulations 1994, particularly concerning the unauthorized disclosure of identifying information, may result in both civil and criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the explanatory statement provided. The regulation's primary focus is on the specification of authorized bodies and the conditions under which information may be disclosed to these entities. The legal implications of non-compliance would likely be addressed in other sections of the Migration Act 1958 or in related legislation.