EXPLANATORY STATEMENT

Migration Regulations 1994

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

(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), subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) and paragraph 186.234(2)(a))

1. This Instrument is made under 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), subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) and paragraph 186.234(2)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. This Instrument operates to specify skilled occupations, the relevant ANZSCO code for an occupation, the relevant assessing authority for that occupation and country (where an application for a skills assessment is made by a resident of that country).
3. This Instrument has not altered the skilled occupations, persons or bodies who are relevant assessing authorities, or the countries specified in the previous instrument IMMI 12/039.
4. Schedule 1 to this instrument, the Skilled Occupation List (SOL), is used to determine eligible occupations for non-sponsored or nominated skilled migration purposes.
5. Schedule 1 and Schedule 2 to this Instrument form the Consolidated Sponsored Occupation List (CSOL). It applies to all state/territory nominated General Skilled Migration, Employer Nomination Scheme Direct Entry stream and standard business sponsors who make nominations in relation to a Subclass 457 Temporary Work (Skilled) visa and occupational trainee sponsors who make nominations in relation to the Occupational Trainee stream of the Subclass 402 Training and Research visa.
6. The purpose of this instrument is to maintain access to the CSOL and SOL for applicants who have applied on or after 1 July 2012 and before 23 March 2013. This instrument does not alter the skilled occupations, persons or bodies who are assessing authorities or the countries specified in the previous instrument (IMMI 12/039).
7. Subregulation 1.15I(1) provides that a skilled occupation, in relation to a person, means an occupation of a kind that is specified by the Minister in an instrument in writing to be a skilled occupation.
8. Subregulation 2.26B(1) provides that the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation (if the person or body is approved in writing by the Education Minister or the Employment Minister as the relevant assessing authority for the occupation) and one or more countries, for the purposes of an application for a skills assessment made by a resident of one of those countries.
9. Paragraph 2.72(10)(aa) provides that for standard business sponsors who make nominations in relation to Subclass 457 Temporary Work (Skilled) visas on or after 1 July 2010, the Minister must be satisfied that the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing for the paragraph.
10. Paragraph 2.72I(5)(ba) provides that for occupational trainee sponsors who make nominations in relation to the Occupational Trainee stream of the Subclass 402 Training and Research visa that the Minister must be satisfied that the nominated occupational training is in relation to an occupation specified, with its corresponding 6-digit code, by the Minister in an instrument in writing for the paragraph.
11. Subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii)  provide that the applicant must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing.
12. Item 4(a) of the table in subitem 1137(4) provides that an applicant who seeks to satisfy the primary criteria for the grant of a Skilled – Independent (Permanent) (Class SI) visa must nominate a skilled occupation that is specified by the Minister in an instrument in writing as a skilled occupation at the time that the Minister invites the applicant to apply.
13. Item 4(a) of the table in subitem 1138(4) provides that an applicant who seeks to satisfy the primary criteria for the grant of a Skilled – Nominated (Permanent) (Class SN) visa must nominate a skilled occupation that is specified by the Minister in an instrument in writing as a skilled occupation at the time that the Minister invites the applicant to apply.
14. Item 4(a) of the table in subitem 1230(4) provides that an applicant must nominate a skilled occupation that is specified by the Minister in an instrument in writing as a skilled occupation at the time that the Minister invites the applicant to apply.
15. Sub-sub paragraph 5.19(4)(h)(i)(A) requires that an employer nomination lodged under the provisions of paragraph 5.19(4) will be met if the tasks to be performed in the nominated position correspond to the tasks of an occupation specified by the Minister in an instrument in writing for the sub-sub paragraph.
16. Sub-sub paragraph 186.234(2)(a) provides that for Employer Nomination Scheme Direct Entry applicants the Minister must be satisfied that an assessing authority specified by the Minister in an instrument in writing for the sub-sub paragraph as the assessing authority for the occupation to which the application for approval relates has assessed the applicant's skills as suitable.
17. Paragraph 2 of the Instrument relates to standard business sponsors who make nominations in relation to Subclass 457 Temporary Work (Skilled) and occupational trainee sponsors who make nominations in relation to the Occupational Trainee stream of the Subclass 402 Training and Research visa.  In accordance with the Regulations, 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.  For the purposes of these nominations, columns A and B in schedule 1 and columns A and B in schedule 2 of the Instrument are specified, where applicable to the applicant.
18. Paragraph 3 of the Instrument relates to applicants who apply on or after 1 July 2012 but before 23 March 2013 for a Subclass 189, 485 or 885 visa.  Paragraph 3 of the instrument also relates to applicants who are not nominated by a State or Territory government agency, and who apply on or after 1 July 2012 but before 23 March 2013 for a Subclass 487, 489 or 886 visa.  In accordance with the Regulations, these applicants will be required to nominate a specified skilled occupation and have their skills assessed by a specified relevant assessing authority. For these applicants, the occupations, assessing authorities and counties listed in columns A, C and D of schedule 1 of this Instrument are specified.
19. Paragraph 4 of the Instrument relates to applicants who are nominated by a State or Territory government agency and who apply or, who are the spouse or de facto partner of a person who is nominated by a State or Territory Government, who applies on or after 1 July 2012 but before 23 March 2013 for a Subclass 487, 886, 190 or 489 visa.  In accordance with the Regulations, these applicants will be required to nominate a specified skilled occupation and have their skills assessed by a specified relevant assessing authority.  For these applicants, the occupations, assessing authorities and countries listed in columns A, C and D of schedule 1, and columns A, C and D of schedule 2 of this instrument are specified.
20. Paragraph 5 of the instrument relates to nominations for the Direct Entry stream in Subclass 186 Employer Nomination Scheme.  In accordance with the Regulations, 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.  For the purposes of these nominations, the skilled occupations listed in column A of schedule 1 and column A of schedule 2 of this instrument are specified.
21. Paragraph 6 of the instrument relates to applicants who apply for the Direct Entry stream in the Subclass 186 Employer Nomination Scheme visa.  In accordance with the Regulations, these applicants will be required to have their skills assessed as suitable by a specified assessing authority for the occupation.  For these applicants, the assessing authorities listed in Column D of schedule 1 and Column D of schedule 2 to this instrument are specified.
22. The following document is incorporated in the Instrument by reference:
    • ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010.  This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at: http://www.abs.gov.au.
23. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
24. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 14502).
25. 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.
26. The instrument, number IMMI 13/041 commences on 23 March 2013.

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 Legislative Instrument (IMMI 13/041)

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.

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

This Instrument (IMMI 13/041) operates to specify skilled occupations, the relevant Australian and New Zealand Standard Classification of Occupations (ANZSCO) code for an occupation, the relevant assessing authority for that occupation and country (where an application for a skills assessment is made by a resident of that country). 

This Instrument specifies the Skilled Occupation List (SOL) which provides eligible occupations for non-sponsored or nominated skilled migration purposes.  It also specifies the Consolidated Sponsored Occupation List (CSOL) which together with the SOL applies to all State/Territory nominated General Skilled Migration, Direct Entry stream Employer Nomination Scheme, Subclass 457 Temporary Work (Skilled) standard business sponsors and occupational trainee sponsors.

The purpose of Instrument 13/041 is to maintain access to the CSOL and SOL for applicants who have applied on or after 1 July 2012 and before 23 March 2013. Instrument 13/041 does not alter the skilled occupations, persons or bodies who are assessing authorities or the countries specified in the existing instrument IMMI 12/039.

This new Instrument revokes the existing instrument IMMI 12/039 due to amendments to the Migration Regulations 1994 from 23 March 2013 which change some of the empowering provisions contained within the instrument.

This is a technical amendment without any policy change or implications.

This instrument will come into effect on 23 March 2013.

Human rights implications

This Skilled Occupation List Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

The proposed Legislative Instrument is compatible with human rights and does not introduce any new or unacceptable limits on human rights.