EXPLANATORY STATEMENT
Migration Regulations 1994
OCCUPATIONS, LOCATIONS, SALARIES, AND RELEVANT ASSESSING AUTHORITIES FOR THE EMPLOYER NOMINATION SCHEME
(REGULATIONS 5.19(2)(h) AND (i), 121.211(b) AND 856.213(b))
- This Instrument is made under regulation 1.17, paragraph 5.19(2)(i) and subparagraphs 5.19(2)(h)(i) and (ii) of the Migration Regulations 1994 (‘the Regulations’), and subparagraphs 121.211(b)(ii) and 856.213(b)(ii), and sub-subparagraphs 121.211(b)(i)(A) and 856.213(b)(i)(A), of Schedule 2 to the Regulations.
2. Regulation 1.17 provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Regulation 5.19 allows an employer to apply for a nominated position to be approved as an approved appointment. Subparagraph 5.19(2)(h)(i) provides that the tasks of the nominated position must correspond to the tasks of an occupation specified in a Gazette Notice for that subparagraph, and subparagraph 5.19(2)(h)(ii) provides that those tasks must be carried out in a location specified in a Gazette Notice for that subparagraph. Paragraph 5.19(2)(i) provides that the employee in the nominated position will be paid a salary that is at least the salary specified for the relevant occupation and location in a Gazette Notice for this paragraph.
4. Sub-subparagraphs 856.213(b)(i)(A) and 121.211(b)(i)(A) provide that applicants for subclass 856 and subclass 121 visas respectively must have had their skills assessed as suitable by an assessing authority specified for the relevant occupation in a Gazette Notice for the relevant sub-subparagraphs.
5. Subparagraphs 856.213(b)(ii) and 121.211(b)(ii) provide that applicants for subclass 856 and subclass 121 visas respectively will be paid a salary in their nominated position that is at least the amount of salary specified in a Gazette Notice for the relevant subparagraph.
6. The purpose of the Instrument is to set out the details relating to requirements to be met for approval of a nominated position for the Employer Nomination Scheme.
7. The Instrument operates to specify the occupations that tasks of a nominated position may correspond to, where those tasks may be carried out, which skills assessing authorities are responsible for determining whether an applicant has skills that are satisfactory for specified skilled occupations, and to specify minimum salary levels that must be paid to an employee in a nominated position.
8. The following documents are incorporated in the instrument by reference:
- The Australian Standard Classification of Occupations (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats
9. Consultation was undertaken with the Department of Education, Science and Training following formal notification that they had approved Teaching Australia to conduct skills assessments for three teaching occupations (Pre-Primary School; Primary School; and Secondary School teachers). The National Office of Overseas Skills Recognition will continue to process applications on hand. Consultation was undertaken with the Department of Education, Science and Training following formal notification that they had approved Trades Recognition Australia to conduct assessments for Child Care Coordinators. The Instrument also incorporates a name change for the Australian Council of Physiotherapy Regulating Authorities to the Australian Physiotherapy Council. The Department of Education, Science and Training has given formal approval to this change.
10. The Instrument, IMMI 06/077, commences on registration on the Federal Register of Legislative Instruments.