Overview

The Migration Regulations 1994 were enacted to regulate the entry of migrants into Australia, establishing a framework that includes skilled occupations deemed to be in demand. This legislative instrument is significant as it addresses the gap by identifying specific skilled occupations that are in demand, facilitating the entry of migrants with these specialist skills into Australia. The explanatory statement outlines that the purpose of the Instrument is to specify certain occupations as "migration occupations in demand" for the purposes of regulation 1.03. This is achieved by specifying occupations using the Australian Standard Classification of Occupations (ASCO) code, as mandated by regulation 1.17. The enacting body for this notice is the Minister, under the authority granted by the Migration Regulations 1994. The policy objective is to ensure that migrants with critical skills, particularly those in occupations identified by the Department of Employment and Workplace Relations as having significant shortages, are prioritised, thereby addressing specific labour market needs in Australia.

Scope and Application

The Migration Occupations in Demand (MOD) Notice, made under the Migration Regulations 1994, specifies skilled occupations that are in demand for the purposes of regulation 1.03, which defines a "migration occupation in demand". This Notice identifies particular specialisations within occupations, categorised by the Australian Standard Classification of Occupations (ASCO) code, that are deemed to have significant skill shortages in the Australian labour market. The inclusion of an occupation on the Migration Occupations in Demand List (MODL) is instrumental in facilitating the entry of migrants with specialist skills applying for permanent residence, particularly under the General Skilled Migration Program. Applicants nominating an occupation on the MODL are eligible for additional points under the general points test, provided they have a full-time job offer and meet other specified requirements, thus receiving priority processing for their visa applications. The occupations specified in this Notice are based on research by the Department of Employment and Workplace Relations, which identifies areas with critical skills shortages. The Notice does not significantly alter existing arrangements and, therefore, consultation was deemed unnecessary. The Notice came into effect on 15 December 2005.

Key Provisions

The main operative sections of this legislation, specifically Regulation 1.17 and Regulation 1.03 of the Migration Regulations 1994, establish the framework for specifying skilled occupations as "migration occupations in demand" (section 3). Regulation 1.17 allows the Minister to issue a notice in the Gazette specifying matters required by individual provisions of the Regulations, while Regulation 1.03 defines a "migration occupation in demand" as a skilled occupation specified by such a notice. The purpose of this particular notice, as detailed in section 4, is to specify certain skilled occupations on the Migration Occupations in Demand List (MODL), which is critical for facilitating the entry of migrants with specialist skills applying for permanent residence. The occupations are identified using the Australian Standard Classification of Occupations (ASCO) code, and in this instance, it includes specialisations within the occupation of computing professionals, such as SAP, Siebel, E-Commerce Security (non-programming), Network Security, and CISSP, as specified in section 6. The Act imposes several obligations and requirements on the parties and entities it governs. The Minister is responsible for publishing a notice in the Gazette to specify occupations that are in demand, as per Regulation 1.17 (section 2). The Department of Employment and Workplace Relations (DEWR) is tasked with providing information based on their skills-in-demand research, which aids in the identification of occupations that should be included on the MODL. For applicants under the General Skilled Migration Program, nominating an occupation on the MODL makes them eligible for additional points and priority processing under the general points test if they meet other requirements, as outlined in section 5. This facilitates a more streamlined process for skilled migrants who possess in-demand skills. Breach of the provisions within this legislation can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the text provided, it is known that the Regulations themselves can impose penalties for non-compliance with visa requirements or misrepresentation of information. Typically, penalties for such breaches can include fines and, in severe cases, imprisonment. The exact penalties would be stipulated in the broader Migration Act 1958 and related Regulations, which govern the overall framework of migration laws in Australia. Given the importance of accurately specifying occupations in demand, non-compliance could also affect the integrity of the migration process and the allocation of resources aimed at addressing skill shortages in the Australian labour market.