Overview

The Migration Regulations 1994, as amended by the F2006L01846 Instrument, were enacted to address the need for clear and specified fees related to the assessment of individuals' qualifications and experiences as part of the migration process. This legislative instrument was introduced to fill the gap in fee specification for the assessment services provided by the Department of Employment and Workplace Relations (DEWR) and the Department of Education, Science and Training (DEST). The instrument was created under the authority of the Legislative Instruments Act 2003 and the Migration Regulations 1994. It aims to clearly outline the fees associated with various assessments, ensuring transparency and consistency in the application process. The policy objective is to provide explicit guidelines for the fees required for occupational and educational qualifications assessments, as well as for internal reviews of these assessments. This regulatory approach ensures that applicants have a clear understanding of the costs involved in the assessment process.

Scope and Application

The Migration Regulations 1994, as specified in Regulation 5.40(1) through the legislative instrument F2006L01846, establish the fees payable for various assessments related to migration applications. This Act applies to individuals and entities seeking assessments of occupational or educational qualifications, as well as those requesting an internal review of such assessments. The assessments are conducted by the Department of Employment and Workplace Relations (DEWR) and the Department of Education, Science and Training (DEST). The fee set forth for an assessment of occupational qualifications or experience, as well as for an assessment of educational qualifications, is AUD 300. Similarly, the fee for an internal review of an assessment conducted by either DEWR or DEST is also AUD 300. This regulation applies nationally within Australia and was developed in consultation with the relevant departments before its enactment on 1 July 2006.

Key Provisions

The key provisions of this legislation are found in subregulation 5.40(1) of the Migration Regulations 1994, which states that the fee payable to an agency for an assessment of a person's qualifications and experience is to be specified by the Minister in an instrument in writing (paragraph 4). The purpose of this regulation is to specify the fees for assessments conducted by the Department of Employment and Workplace Relations (DEWR) or the Department of Education, Science and Training (DEST) (paragraph 5). Specifically, the fee for an assessment of occupational qualifications or experience by DEWR or DEST is set at AUD300, the fee for an assessment of educational qualifications by DEST is also AUD300, and the fee for an internal review of an assessment by DEWR or DEST is AUD300 (paragraph 6). These provisions are enacted to formalise and standardise the fee structure for these assessments. The Act imposes specific obligations on both the parties and the entities it governs. Applicants must pay the prescribed fees when submitting their applications for assessment of qualifications or experience, or for internal review of assessments (paragraph 6). DEWR and DEST, as the agencies responsible for conducting these assessments, are required to adhere to the fee structure outlined in the Act and collect the specified fees from applicants (paragraph 6). The Act also mandates that the Minister must specify these fees in a written instrument, which must be registered on the Federal Register of Legislative Instruments (paragraphs 3 and 4). There are no explicit offences, penalties, or civil or criminal consequences stated in the text for non-compliance with the fee provisions. However, failure to pay the specified fees could potentially lead to delays or denials in the assessment process. The Act does not provide for specific penalties, but administrative consequences may occur if applicants do not adhere to the fee requirements. For example, an incomplete application due to non-payment of fees may not be processed, thereby affecting the applicant's migration or assessment outcomes.