Migration Regulations 1994 - Specification of Occupations, a Person or Body, a Country or Countries - IMMI 13/066

Administered by Department of Home Affairs

Legislation au F2013L01240 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

 

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

 

(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))

 

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.                   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.                   Schedule 1 to this instrument, the Skilled Occupation List (SOL), is used to determine eligible occupations for independent or relative sponsored skilled migration purposes.

4.                   Schedule 1 and Schedule 2 to this instrument form the Consolidated Skilled Occupation List (CSOL).  It applies to both State/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.                   This instrument legislates changes to the SOL and CSOL as specified in the Instrument IMMI 13/020 from 1 July 2013 as a result of the annual review of the SOL and CSOL, and a recent revision of the ANZSCO conducted by the Australian Bureau of Statistics.

6.                   This instrument moves five occupations and relevant assessing authorities from the SOL to Schedule 2 of the CSOL.  These occupations are Hospital Pharmacist, Retail Pharmacist, Aircraft Maintenance Engineer (Avionics), Aircraft Maintenance Engineer (Mechanical) and Aircraft Maintenance Engineer (Structures).

7.                   This instrument adds the occupation of Registered Nurse (Paediatrics) and its assessing authority the Australian Nursing and Midwifery Accreditation Council (ANMAC) to the SOL.

8.                   This instrument adds six occupations and their assessing authorities to Schedule 2 of the CSOL.  These occupations are Procurement Manager with the assessing authority Australian Institute of Management, and Nutritionist, Intellectual Property Lawyer, Archaeologist, Hydrographer and Kennel Hand all with the assessing authority Vocational Education and Training Assessment Services (VETASSESS).

9.                   This instrument removes the occupation of Anatomist or Physiologist and its assessing authority VETASSESS from Schedule 2 of the CSOL.

10.              This instrument changes the assessing authority for the occupation of Primary Health Organisation Manager from ANMAC to VETASSESS.  It also adds Australian Community Workers Association as an assessing authority for the occupation of Welfare Centre Manager.

11.              This instrument excludes Fast Food or Takeaway Food Services positions from three occupations of concern for the Subclass 457 Temporary Work (Skilled) visa and the Subclass 186 Employer Nomination Scheme.  These three occupations are Cook, Chef and Café or Restaurant Manager.

12.              This instrument defines the ANZSCO as the Australian and New Zealand Standard Classification of Occupations current at 1 July 2013.  It is published by the Australian Bureau of Statistics and is the classification system adopted for the purpose of the SOL and CSOL.  

13.              Regulation 1.03 provides that defined terms are used within the Regulations, unless the contrary intention appears.

14.              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.

15.              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.

16.              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.

17.              Paragraph 2.72I(5)(ba) provides that for occupational trainee sponsors or training and research sponsors who make nominations in relation to the Occupational Trainee stream of a Subclass 402 Training and Research visa or a Subclass 442 Occupational Trainee 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.

18.              Sub-subparagraph 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-subparagraph.

19.              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.

20.              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.

21.              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.

22.              Paragraph 1229(3)(k) provides that an applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing.

23.              Paragraph 186.234(2)(a) provides that for Employer Nomination Scheme Direct Entry stream 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.

24.              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 for, a Subclass 457 Temporary Work (Skilled) visa on or after 1 July 2010.  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 purpose of these nominations, Columns A and B in schedule 1 and Columns A and B in schedule 2 of the instrument are specified.

25.              Paragraph 2 of the instrument relates to applicants who are issued an invitation to make an application for a Subclass 189 visa.  It also relates to applicants who are not nominated by a State or Territory government agency and who are issued an invitation on or after 1 July 2013 to make an application for a Subclass 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 counties listed in Columns A, C and D of schedule 1 of this instrument are specified.

26.              Paragraph 3 of the instrument relates to applicants who apply on or after 1 July 2013 for a Subclass 485 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.

27.              Paragraph 4 of the instrument relates to applicants who are 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 2013 to make an application for a Subclass 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 schedule 2 of this Instrument are specified. 

28.              Paragraph 5 of the instrument relates to nominations for the Direct Entry stream in Subclass 186 Employee Nomination Scheme made on or after 1 July 2013.  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 schedule 2 of this instrument are specified.

29.              Paragraph 6 of the instrument relates to applicants who apply for the Direct Entry stream in the Subclass 186 Employer Nomination Scheme on or after 1 July 2013.  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 schedule 2 to this instrument are specified.

30.              Paragraph 7 of the instrument relates to occupational trainee sponsors or training and research sponsors who make nominations on or after 1 July 2013 in relation to the Occupational Trainee stream of the Subclass 402 Training and Research visa or the Subclass 442 Occupational Trainee 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 purpose of these nominations, Columns A and B in Schedule 1 and Columns A and B in schedule 2 of this instrument are specified, where applicable to the applicant.

31.              Paragraph 8 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 2013.

32.              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.

33.              The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 2013/14946 and 2013/15061).

34.              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).

35.              The instrument, number IMMI 13/066 commences on 1 July 2013, immediately after commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).

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 13/066)

 

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 13/066) 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).  The ANZSCO code is used by the Department to ensure 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. 

 

This instrument specifies the Skilled Occupation List (SOL) which provides eligible occupations for independent or family sponsored skilled visas.  Occupations on the SOL are those identified by the Australian Workforce and Productivity Agency (AWPA) as being in shortage in the Australian labour market in the medium to long term.

 

This instrument also specifies the Consolidated Sponsored Occupation List (CSOL) which applies to all:

  • 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 CSOL differs significantly from that of the SOL as it enables employers and State/Territory governments to access the full range of skilled workers, provided the occupation is not associated with significant integrity concerns.

 

This instrument will make changes to the SOL and CSOL as specified in the Instrument IMMI 13/020 as a result of an annual review of the SOL and CSOL, and a recent revision of the ANZSCO conducted by the Australian Bureau of Statistics.  This annual review aims to make amendments to the SOL based on advice from the AWPA that relies on labour market conditions to provide advice on medium to long term skill shortage in the economy. 
This instrument will move five occupations and relevant assessing authorities from the SOL to the CSOL. They are:

  • Hospital Pharmacist;
  • Retail Pharmacist;
  • Aircraft Maintenance Engineer (Avionics);
  • Aircraft Maintenance Engineer (Mechanical); and
  • Aircraft Maintenance Engineer (Structures). 

 

This instrument will add the occupation of Registered Nurse (Paediatrics) and its assessing authority the Australian Nursing and Midwifery Accreditation Council (ANMAC) to the SOL.

 

This instrument will add six occupations and their assessing authorities to the CSOL.  They are:

  • Procurement Manager with the assessing authority Australian Institute of Management;
  • Nutritionist;
  • Intellectual Property Lawyer;
  • Archaeologist;
  • Hydrographer; and
  • Kennel Hand.

 

All the above occupations, with the exception of Procurement Manager have as their relevant assessing authority Vocational Education and Training Assessment Services (VETASSESS).

 

This instrument will remove the occupation of Anatomist or Physiologist and its relevant assessing authority VETASSESS from the CSOL.

 

This instrument will change the assessing authority for the occupation of Primary Health Organisation Manager from ANMAC to VETASSESS. It will also add Australian Community Workers Association as an assessing authority for the occupation of Welfare Centre Manager.

 

This instrument will exclude Fast Food or Takeaway Food Services positions from three occupations of concern for the Temporary Work (Skilled) visa and the Employer Nomination Scheme. They are Cook, Chef and Café or Restaurant Manager.

 

This instrument will remove reference to Subclass 487 Skilled – Regional Sponsored visa, Subclass 885 Skilled – Independent visa and Subclass 886 Skilled – Sponsored visa which will be repealed on 1 July 2013.

 

This instrument will come into effect on 1 July 2013.

 

Human rights implications

The proposed Legislative Instrument has been assessed against the seven core international human rights treaties and does not engage any of the applicable rights or freedoms.

 

Conclusion

The proposed Legislative Instrument is compatible with human rights.

 

The Hon. Brendon O’Connor MP, Minister for Immigration and Citizenship

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.