Migration Regulations 1994 - Specification of Occupations and Assessing Authorities - IMMI 12/061

EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF OCCUPATIONS AND ASSESSING AUTHORITIES

(Paragraph 187.234(b))

1. This Instrument is made under Paragraph 187.234(b) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 187.234(b) provides that at the time of application for a Subclass 187 visa, if an applicant’s occupation is specified by the Minister in an instrument in writing for this paragraph and the applicant did not obtain the necessary qualification in Australia, that the applicant’s skills have been assessed as suitable for the occupation by an assessing authority specified by the Minister in the same instrument in writing as the assessing authority for the occupation. 
3. The purpose of the Instrument is to specify occupations and assessing authorities relevant to applications for a Subclass 187 visa at the time of application as provided at Paragraph 187.234(b).
4. The effect of the Instrument is that if an application for a Subclass 187 is made and if an applicant’s occupation is listed and the qualification for performance of the occupation was not obtained in Australia, an assessing authority is specified to assess the applicant’s skills.
5. The Instrument specifies that two skills assessing authorities are authorised to conduct assessments for the occupations listed in Schedule 1 of the Instrument. They are Trades Recognition Australia (TRA) and VETASSESS.
6. Consultation was undertaken before the instrument was made with a wide range of Commonwealth Government Departments, State/Territory Government Departments, representative peak bodies for Migration Agents and the legal profession, industry organisations, unions and other relevant organisations.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13021).
    
8. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
9. The Instrument, IMMI 12/061, commences on 1 July 2012, immediately after the commencement of the Migration Amendment Regulation 2012 (No. 2).