EXPLANATORY STATEMENT
Migration Regulations 1994
REQUIRED HEALTH ASSESSMENT
(Clauses 4005, 4006A and 4007)
- This Instrument is made under clauses 4005, 4006A and 4007 of the Migration Regulations 1994 (“the Regulations”).
- Paragraphs 4005(1)(aa), 4006A(1)(aa) and 4007(1)(aa) of the Regulations provide that the Minister may specify, in an instrument in writing, the classes of persons who must undertake specified medical examinations. 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.
- 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.
- The effect of the amendment to this Instrument is to:
(a) clarify that persons aged 11 years and older, who are applying for a Subclass 457 Temporary Work (Skilled) visa, are required to undergo a chest x-ray and any additional medical assessment specified: and to,
(b) make it a requirement for persons aged 75 years and older, who are applying for a Subclass 600 Visitor visa, to undergo a medical examination.
5. Pursuant to section 18 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.
6. 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 2013/14889).
7. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required..
8. This Instrument number, IMMI 13/047, commences on 15 May 2013.
Overview
The Migration Regulations 1994, as amended by the instrument F2013L00734, aim to address specific health assessment requirements for certain visa applicants. Enacted by the Minister under the authority provided by clauses 4005, 4006A, and 4007 of the Migration Regulations 1994, this legislative amendment seeks to clarify and enforce medical examination requirements for applicants of certain visa subclasses. Specifically, the amendment mandates that individuals aged 11 and above applying for a Subclass 457 Temporary Work (Skilled) visa must undergo a chest x-ray and any additional medical assessments specified. Additionally, the amendment requires individuals aged 75 and older applying for a Subclass 600 Visitor visa to undergo a medical examination. The instrument was exempt from the need for disallowance and a Human Rights Statement of Compatibility, and it commenced on 15 May 2013.
Scope and Application
The Migration Regulations 1994, as amended by this Instrument, specify the medical examinations required for certain visa applicants, thereby establishing a regulatory framework that governs the health assessment procedures for specific groups of individuals seeking to enter Australia. The Instrument applies to persons aged 11 years and older applying for a Subclass 457 Temporary Work (Skilled) visa, who are mandated to undergo a chest x-ray and any additional medical assessments as specified. Similarly, it applies to individuals aged 75 years and older applying for a Subclass 600 Visitor visa, who are required to undergo a medical examination. The Regulations provide the Minister with the authority to detail the required medical examinations and designate who can conduct these examinations. The regulations have a national reach within Australia and are enforceable across all states and territories. There are no stated exclusions or exemptions within the scope of this Instrument, which aims to ensure that all eligible applicants undergo the specified health assessments.
Key Provisions
The key provisions of this Instrument under the Migration Regulations 1994 pertain to specific health assessments required for visa applicants. Clauses 4005, 4006A, and 4007 of the Regulations allow the Minister to specify which classes of persons must undergo certain medical examinations and who is authorised to conduct these examinations. The purpose of the Instrument is to detail which medical examinations are required for each defined class of persons and who can perform these examinations.
Specifically, the Instrument mandates that applicants for a Subclass 457 Temporary Work (Skilled) visa who are aged 11 years and older must undergo a chest x-ray and any additional medical assessments as specified (Clause 4005). Furthermore, applicants aged 75 years and older for a Subclass 600 Visitor visa must undergo a medical examination (Clause 4006A). The Instrument thus establishes clear and precise requirements for these health assessments to ensure that visa applicants meet the health standards set by the Minister.
In terms of obligations, the Act imposes on applicants the requirement to comply with the specified medical examinations. For Subclass 457 visa applicants aged 11 and older, this involves undergoing a chest x-ray and any additional medical tests as prescribed. Similarly, applicants aged 75 and older for a Subclass 600 visa must undergo a medical examination as part of their visa application process. Failure to comply with these requirements can lead to delays or refusal of the visa application.
Regarding the consequences of non-compliance, the Instrument does not explicitly state civil or criminal penalties for failing to undergo the required medical examinations. However, the refusal or delay of a visa application due to non-compliance can have significant implications for the applicant, potentially affecting their ability to enter or remain in Australia. The absence of specific penalties in the Instrument suggests that the primary consequence of non-compliance is the administrative action of not processing the visa application until the medical requirements are met.