EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF ORGANISATIONS

(Regulation 1.21)

1. This Instrument is made under regulations 1.17 and 1.21 of the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulation 1.17 of the Regulations 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 1.21 of the Regulations defines that an independent expert means a person who is suitably qualified to make independent assessments of non-judicially determined claims of family violence and is employed by, or contracted to provide services to, an organisation that is specified in a Gazette Notice for this definition, for the purpose of making independent assessments of non-judicially determined claims of family violence.

4.                  The Instrument operates to revoke IMMI 05/064 and specify that the Department of Human Services (DHS) and LSC Psychology are organisations for the purposes of the definition of “independent expert” in regulation 1.21 of the Regulations.

5.                  The purpose of the Instrument is to specify the DHS and LSC Psychology as independent experts under regulation 1.21 in relation to claims of family violence. DHS are an independent expert for claims of family violence referred prior to the commencement of this Instrument and LSC Psychology for claims referred on or after the commencement of this Instrument.

6.                  The effect is that DHS and LSC Psychology can lawfully undertake independent expert assessments subject to the dates detailed in paragraph 5 above.

7.                  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.

8.                  The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 13759).

9.                  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.

10.              The Instrument, number IMMI 13/023 commences on the day after registration on the Federal Register of Legislative Instruments.