Overview

The Instrument F2013L00586, made under the Migration Regulations 1994, specifies certain organisations as independent experts for the purpose of assessing non-judicially determined claims of family violence. Enacted in 2013, this legislation addresses the need to clearly define which organisations are qualified to make such assessments, ensuring that these assessments are conducted by suitably qualified individuals. The enacting body is the Minister for Immigration and Border Protection, exercising powers under the Migration Act 1958. The policy objective is to ensure that independent expert assessments of family violence claims are carried out by entities recognised for their expertise and capability in this area. The Department of Human Services and LSC Psychology are identified as organisations that can undertake these assessments, with specific timelines applying to the claims they assess. This legislative instrument streamlines the process for recognising and authorising such organisations, thereby improving the efficiency and reliability of the family violence assessment process within the migration framework.

Scope and Application

The Explanatory Statement for the Migration Regulations 1994 Specification of Organisations outlines the scope and application of the Instrument, which specifies certain organisations as independent experts for the purposes of assessing non-judicially determined claims of family violence. This Instrument, made under regulations 1.17 and 1.21 of the Migration Regulations 1994, revokes a previous instrument and specifies that the Department of Human Services (DHS) and LSC Psychology are recognised as independent experts for claims of family violence. The DHS can undertake assessments for claims referred before the commencement of this Instrument, while LSC Psychology can do so for claims referred on or after the commencement date. This regulatory change allows these specified entities to lawfully conduct independent expert assessments of family violence claims, aligning with the legislative framework provided by the Migration Regulations 1994. The Instrument is of a minor nature and does not require consultation, a Regulatory Impact Statement, or a Human Rights Statement of Compatibility as it does not substantially alter existing arrangements.

Key Provisions

The Migration Regulations 1994, through Regulation 1.21, establish the criteria for independent experts who can assess claims of family violence that have not been determined by a judicial process. This regulation is operationalised by the Instrument IMMI 13/023, which specifies the Department of Human Services (DHS) and LSC Psychology as organisations authorised to employ such experts (paragraph 4). The Instrument revokes a previous notice (IMMI 05/064) and comes into effect on the day after its registration on the Federal Register of Legislative Instruments (paragraph 10). DHS is authorised to conduct assessments on claims referred to them before the commencement of this Instrument, while LSC Psychology is authorised for claims referred on or after its commencement (paragraph 5). Under these Regulations, both the DHS and LSC Psychology are required to ensure that any person employed or contracted to conduct assessments of family violence claims meets the necessary qualifications (Regulation 1.21). These organisations must also maintain records and processes that comply with any further requirements stipulated by the Migration Regulations 1994. They are expected to adhere to protocols that ensure the independence and impartiality of the assessments, given the sensitive nature of the claims. Failure to comply with the provisions outlined in the Regulations and the Instrument may result in legal consequences. Although the explanatory statement does not detail specific offences or penalties, breaches of such regulatory requirements could potentially lead to civil or criminal liability under other sections of the Migration Act 1958 or related legislation. The maximum penalties for breaches of the Migration Act can include substantial fines and imprisonment, depending on the severity of the breach and the specific provisions violated. Given that the Instrument is of a minor or machinery nature (paragraph 7) and does not substantially alter existing arrangements, it has been exempt from certain procedural requirements such as consultation and the preparation of a Regulatory Impact Statement (paragraphs 7 and 8). Additionally, the Instrument is exempt from disallowance, meaning a Human Rights Statement of Compatibility is not required (paragraph 9).