Migration Regulations 1994 - Specification of Relevant Assessing Authorities and Skilled Occupations for the purposes of the Definition of "Skilled Occupation" - March 2005

Administered by Department of Home Affairs

Legislation au F2005L00820 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

  1. This Instrument is made under regulations 1.17, 1.03 and 2.26B of the Migration Regulations 1994 (‘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.

 

Regulation 1.03 provides that a ‘skilled occupation’ means:

 (a) in relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa whose sponsor has, on the sponsorship form, stated a residential address the postcode of which is specified by Gazette Notice for this paragraph — an occupation:

  (i) that is in the Sydney and Selected Areas Skilled Shortage List specified in that Gazette Notice; and

  (ii) for which a number of points specified in that Gazette Notice are available; and

 (b) in any other case — an occupation that is specified by Gazette Notice as a skilled occupation for which a number of points specified in that Gazette Notice are available.

 

Regulation 1.03 also provides that ‘relevant assessing authority’ means a person or body specified under Regulation 2.26B.

 

Regulation 2.26B(1) provides that the Minister may, by Notice in the Gazette, 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 Minister or NOOSR as the relevant assessing authority for the occupation.

 

Regulation 2.26B(2) also provides that the standards against which the skills of a person are assessed by a relevant assessing authority for a skilled occupation must be the standards set by the relevant assessing authority for the skilled occupation.

3.                  The purpose of the Instrument is to:

  • Revoke the Gazette Notice signed on 8 September 2004 specifying skilled occupations for the purposes of the definition of “skilled occupation” in regulation 1.03 and relevant assessing authorities for the purposes of subregulation 2.26B(1) of the Regulations;
  • Specify each occupation that is in the Sydney and Selected Areas Skilled Shortage List referred to in Schedule A of the Gazette Notice as a skilled occupation for the purposes of subparagraph (a)(i) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
  • Specify the number of points corresponding to the occupation set out in Schedule A of the Gazette Notice for the purposes of subparagraph (a)(ii) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
  • Specify each person or body referred to in Schedule A of the Gazette Notice as the relevant assessing authority for the corresponding skilled occupation set out in Schedule A for the purposes of subregulation 2.26B(1) of the Regulations;
  • Specify the postcodes listed in Schedule B of the Gazette Notice for the purposes of paragraph (a) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
  • Specify each occupation referred to in Schedule C of the Gazette Notice as a skilled occupation for the purposes of paragraph (b) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
  • Specify the number of points referred to in Schedule C of the Gazette Notice for the corresponding occupation set out in Schedule C for the purposes of paragraph (b) of the definition of “skilled occupation” in regulation 1.03 of the Regulations; and
  • Specify each person or body referred to in Schedule C of the Gazette Notice as the relevant assessing authority for the corresponding skilled occupation set out in Schedule C for the purposes of subregulation 2.26B(1) of the Regulations.

 

4.                  The Instrument operates to specify, for prospective applicants and sponsors, for the purposes of the General Skilled Migration program:

  • skilled occupations;
  • corresponding points allocated for skilled occupations;
  • relevant assessing authorities for corresponding skilled occupations; and
  • postcodes that comprise the Sydney and Selected Areas for the purposes of the Sydney and Selected Areas Skilled Shortage List (SSASSL).

5.                  The following document is 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.

6. The amendments made to this Instrument only seek to clarify the original policy intention of this Instrument, and as such, consultations were unnecessary.

 

7. The Instrument commences on 2 April 2005.

 

Overview

The Migration Regulations 1994 (F2005L00820) was enacted to provide a clear framework for skilled migration to Australia, addressing the need to specify skilled occupations and relevant assessing authorities in a structured manner. This Instrument, made under the authority of the Migration Act 1958, aims to clarify and update the lists of skilled occupations, corresponding points, and relevant assessing authorities for skilled occupations, particularly in relation to the General Skilled Migration program. The policy objective is to ensure that the skilled migration program effectively targets occupations in demand, thereby supporting Australia's economic needs and labour market requirements. The regulations operate by specifying skilled occupations, allocating corresponding points, identifying relevant assessing authorities, and determining postcodes for the Sydney and Selected Areas Skilled Shortage List, thus ensuring that the migration process is transparent and aligned with current occupational demands.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, apply to prospective applicants for a Skilled Australian Sponsored (Migrant) (Class BQ) visa and their sponsors. It specifies the skilled occupations that are eligible for points under the General Skilled Migration program and determines the relevant assessing authorities responsible for assessing the skills of applicants for these occupations. The geographic reach of the Act is national, as it applies across Australia, including specific postcodes in Sydney and selected areas identified for skilled shortages. The Act does not specify exclusions or exemptions but relies on the inclusion of occupations in the Sydney and Selected Areas Skilled Shortage List or the Gazette Notice for determining eligibility. Subordinate instruments, such as Gazette Notices, extend or restrict the application of the Act by specifying the skilled occupations, points, relevant assessing authorities, and postcodes. The Instrument incorporates the Australian Standard Classification of Occupations to ensure consistency in occupational classification and assessment.

Key Provisions

The Migration Regulations 1994, as amended by this Instrument, specify skilled occupations, the corresponding points for those occupations, the relevant assessing authorities, and the postcodes for the Sydney and Selected Areas Skilled Shortage List (SSASSL). Regulation 1.03 defines a “skilled occupation” as an occupation in the Sydney and Selected Areas Skilled Shortage List for applicants with a sponsor's residential address in specified postcodes, or an occupation specified by a Gazette Notice for which a number of points are available (paragraph (a) and (b)). The regulation also specifies the relevant assessing authority for a skilled occupation as a person or body approved by the Minister or the National Office of Overseas Skills Recognition (NOOSR) under Regulation 2.26B(1). These provisions impose obligations on applicants, sponsors, and assessing authorities. Applicants must ensure that their occupation is on the list of skilled occupations specified in the Gazette Notice, and that they meet the points criteria allocated to their occupation. Sponsors must provide accurate information about the applicant's occupation and ensure that the applicant meets the points requirements. Assessing authorities must assess the skills of applicants against the standards set for their occupation and provide a written approval to the Minister. Breach of these provisions may result in civil or criminal penalties. For example, providing false information or documents to the Minister or an assessing authority may result in a fine of up to $22,200 or imprisonment for up to two years, or both, under section 283D of the Migration Act 1958. Failure to comply with the requirements of the Regulations may also result in visa cancellation or refusal under section 116 of the Migration Act. It is important for all parties involved to understand and comply with the obligations and requirements of the Regulations to avoid any legal consequences.

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