EXPLANATORY STATEMENT

Migration Regulations 1994

REQUIRED MEDICAL ASSESSMENT

(Clauses 4005, 4006A and 4007)

1. Instrument IMMI 15/119 is made under clauses 4005, 4006A and 4007 of Schedule 4 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 14/042 (F2014L00981), signed on 2 July 2014 under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The purpose of the Instrument is to update the medical assessment matrix by using a two tier approach to the categorisation of risk level and also update required medical assessments.
4. The Instrument operates to specify a class of persons who must undertake the medical assessments specified in the Instrument; and a class of persons who must be assessed by a person specified in the Instrument.
5. External consultation to the Instrument was undertaken with the National Tuberculosis Advisory Committee and the Chief Medical Officer of the Department of Health.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference: 19363).

7.             Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

8.             This Instrument IMMI 15/119 commences on 20 November 2015.