EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF OCCUPATIONS, A PERSON OR BODY, A COUNTRY OR COUNTRIES 2015

1. This Instrument is made under regulation 1.03, subregulations 1.15I(1) and 2.26B(1), paragraphs 2.72(10)(aa) and 2.72I(5)(ba), sub-subparagraph 5.19(4)(h)(i)(A), Item 4(a) of the table in subitem 1137(4), Item 4(a) of the table in subitem 1138(4) and Item 4(a) of the table in subitem 1230(4), paragraph 1229(3)(k) and paragraph 186.234(2)(a) of the Migration Regulations 1994 (the Regulations).
2. The purpose of the Instrument is to:
   1. include applications, to which the Instruments provisions apply, submitted on or after 1 July 2015;
   2. clarify that all specifications contained in the Instrument are to be read with, and are subject to, any qualifications in the Notes that follow Schedule 1, which also form part of the Instrument.
3. The Instrument operates to specify the:
   1. skilled occupation
   2. relevant ANZSCO code for an occupation
   3. country (where application for a skills assessment is made by a resident of that country
   4. relevant assessing authority for that occupation.
4. Schedule 1 to the Instrument includes an occupation to the Consolidated Sponsored Occupation List (CSOL). The CSOL applies to both State and Territory nominated points tested visas, the Direct Entry stream of the Employer Nomination Scheme, the Temporary Work (Skilled) visa, the Occupational Trainee stream of the Training and Research visa and the Occupational Trainee visa.
5. Paragraph 1 of the Instrument relates to standard business sponsors who nominate an occupation in relation to a holder of, or an applicant or a proposed applicant of, a Subclass 457 Temporary Work (Skilled) visa on or after 1 July 2010. The nomination must be made in relation to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing.
6. Paragraph 2 of the Instrument relates to an applicant who is nominated by a State or Territory government agency, or the spouse or de facto partner of a person who is nominated by a State or Territory government agency, who is issued an invitation on or after 1 July 2015 to make an application for a Subclass 190 (Skilled – Nominated) visa or a 489 (Skilled – Regional (Provisional)) visa. An applicant will be required to nominate a specified skilled occupation and have their skills assessed by a specified relevant assessing authority.
7. Paragraph 3 of the Instrument relates to a nomination for the Direct Entry stream in Subclass 186 (Employer Nomination Scheme) visa made on or after 1 July 2015. The Minister must approve a nomination if the tasks to be performed in the position correspond to the tasks of a specified occupation, in addition to other requirements.
8. Paragraph 4 of the Instrument relates to an applicant who applies for the Direct Entry stream in the Subclass 186 (Employer Nomination Scheme) visa on or after 1 July 2015. An applicant will be required to have their skills assessed as suitable by a specified assessing authority for the occupation.
9. Paragraph 5 of the Instrument relates to an occupational trainee sponsor or training and research sponsor who makes a nomination on or after 1 July 2015 in relation to the Occupational Trainee stream of the Subclass 402 (Training and Research) visa. The nomination must be made in relation to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing. 
10. Paragraph 6 of the Instrument provides that the definition of ANZSCO is the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics and current as at 1 July 2015.
11. Paragraph 7 of the instrument states that all specifications contained in the instrument are to be read with, and are subject to, any qualifications in the notes following Schedule 1 which also form part of the instrument.
12. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 18986).
13. In accordance with subsection 18(1) of the Legislative Instruments Act 2003, consultation is unnecessary as the Instrument is required as a matter of urgency. The urgency of the Instrument is because an occupation, that was required to be included in the Consolidated Sponsored Occupation List, was omitted from that List. Additionally, the amendment to the List is of a minor nature and does not substantially alter existing arrangements.
14. Under section 42 of the Legislative Instruments Act 2003 the instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided (attached).
15. The Instrument has a retrospective commencement to enhance opportunities for a visa applicant to apply for skilled occupations and does not disadvantage the rights of a person as prescribed in subsection 12(2) of the Legislative Instruments Act 2003.
16. The Instrument, IMMI 15/108 commences on 1 July 2015.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Specification of Occupations, a Person or Body, a Country or Countries 2015

Legislative Instrument

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Specification of Occupations, a Person or Body, a Country or Countries Legislative Instrument

This instrument (IMMI 15/108) specifies a skilled occupation, Australian and New Zealand Standard Classification of Occupations (ANZSCO) codes and relevant assessing authorities relevant to assessment of applications for skilled migration under the Migration Regulations 1994 (Migration Regulations). 

The ANZSCO code is used by the Department of Immigration and Border Protection to ensure that applicants who wish to migrate as skilled migrants nominate a skilled occupation for migration purposes. Assessing authorities are independent expert bodies who certify that the applicant’s educational qualifications and, in some cases, skilled work experience in their occupation, is comparable to that necessary to undertake the same position in Australia. 

The instrument specifies the Consolidated Sponsored Occupation List (CSOL) which provides eligible occupations, ANZSCO codes and assessing authorities for applicants who apply for:

• State/Territory nominated visas;

• the Temporary Work (Skilled) visa;

• the Direct Entry stream of the Employer Nomination Scheme;

• the Occupational Trainee stream of the Training and Research visa; and

• the Occupational Trainee visa. 

The Instrument will also include an amendment to make explicit the relationship between applicants and their spouses for the purpose of claiming points under Schedule 6D, part 6D.11, for applications for subclass 190 and 489 visas.  

Human rights implications

As the instrument specifies the skilled occupations, ANZSCO codes and assessing authorities described above, and specification of those occupations, codes and authorities is enabled under the Migration Regulations, it does not engage any of the applicable rights and freedoms contained in the seven core international human rights treaties and does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Senator the Hon Michaelia Cash

Assistant Minister for Immigration and Border Protection