EXPLANATORY STATEMENT

Migration Regulations 1994

 REQUIRED HEALTH ASSESSMENT

(CLAUSES 4005, 4006A and 4007)

1. This Instrument is made under Clauses 4005, 4006A and 4007 of the Migration Regulations 1994 (“the Regulations”).
2. Paragraphs 4005(1)(aa), 4006A(1)(aa) and 4007(1)(aa)  of the Regulations provides that the Minister may specify, in an instrument in writing, the classes of persons for whom specified medical examinations must be undertaken. Additionally, subparagraphs 4005(1)(aa)(ii), 4006A(1)(aa)(ii) and 4007(1)(aa)(ii) provide that the Minister, in an instrument in writing, may specify who is to conduct the medical examinations specified for each class of persons.
3. The purpose of the Instrument is to specify what medical examinations must be carried out for each class of persons defined in the Instrument and who is to carry out the medical examinations.
4. The effect of this Instrument is to specify countries according to health risk level and specify appropriate health tests the applicant must undergo. Where an applicant has lived in or is a citizen of more than one country the appropriate country will be the one with the higher health risk level.
5. A list of Medibank Health Solutions Offices can be found at http://www.medibankhealth.com.au. Applicants may contact Medibank Health Solutions to find their nearest Approved Medical Practitioner.
6. A list of Panel Doctors can be found at http://www.immi.gov.au/contacts/panel-doctors/.
7. The Department consulted the Office of General Legal Counsel, the Australian Government Solicitor and the Legal Opinions and Legislation Sections of the Department in developing this Instrument. The Chief Medical Officer was also consulted in the development of the amended regulations leading to the creation of this Instrument.
8. The Office of Best Practice Regulation was consulted in relation to this legislative amendment and has advised that a Regulatory Impact Statement is not required (OBPR Reference number 11895 ).

9. This Instrument number, IMMI 11/026, commences on 1 July 2011, immediately after the
commencement of Migration Legislation Amendment Regulations 2011 (No. 1).