EXPLANATORY STATEMENT

Migration Regulations 1994

RESIDENTIAL POSTCODES, SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS

(REGULATIONS 1.03 AND 2.26B)

1. This Instrument is made under regulationSections 1.17, 1.03 and subregulation 2.26B(1) of the Migration Regulations 1994 (“the ‘Regulations”).

Section 1.17 of the Regulations 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.

Relevant in this case is that subsection 56(1) of the Legislative Instruments Act 2003 provides that the requirement to publish in the Gazette is satisfied if the legislative instrument is registered on the Federal Register of Legislative Instruments.

2. Regulation 1.03 of the Regulations defines the term skilled occupation.  It provides that in In relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa, a skilled occupation means an occupation that is  whose sponsor has a residential address the postcode of which is specified by an Instrument in writing, the occupation must be in the Sydney and Selected Areas Skilled Shortage List specified in anthat iInstrument in writing,  and for which a number of points specified in theat iInstrument are available and whose sponsor has, on the sponsorship form, stated a residential address the postcode of which is specified in the instrument. .  In any other case, a skilled occupation is an occupation that is specified inby an Iinstrument in writing as a skilled occupation for which a number of points specified in thethat iInstrument are available.

3. Regulation 1.03 of the Regulations also provides that relevant assessing authority means a person or body specified under regulation 2.26B.

4. Subregulation 2.26B(1) of the Regulations provides that the Minister may, by notice in an Iinstrument in writing for this subregulation, 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 the Department of Education, Science and Training (Education) as the relevant assessing authority for the occupation.

5. All principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory for that skilled occupation.  Hence tThe purpose of this he Instrument in writing is to specify what a skilled occupation is, and which body is responsible for determining whether an applicant has skills that are satisfactory to work in that skilled occupation in Australia.  As some General Skilled Migration visa applicants are required to pass the General Skilled Migration Points Test, each skilled occupation has a number of points which may be allocated.

6. The Instrument operates to specify skilled occupations, the number of points that correspond to each occupation, the bodies that are the relevant assessing authorities for each occupation, and the postcodes for residential addresses of sponsors. 

7. 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 .

8. Consultation was undertaken with the Department of Education, Science and Training before the Instrument was made following formal notification that they had approved Teaching Australia to conduct skills assessments for three teaching occupations (Pre-Primary School; Primary School; and Secondary School teachers).  The National Office of Overseas Skills Recognition will continue to process applications on hand.  The Instrument also incorporates a name change for the Australian Council of Physiotherapy Regulating Authorities to the Australian Physiotherapy Council.  The Department of Education, Science and Training has given formal approval to this change..

9. The Instrument, IMMI 06/062xxx, commences on 1 November 2006.