EXPLANATORY STATEMENT
Migration Regulations 1994
RESIDENTIAL POSTCODES, SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS
(REGULATIONS 1.03 AND 2.26B)
- This Instrument is made under regulation
Sections 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.
Overview
The "Migration Regulations 1994" were enacted to provide the legal framework for the administration of Australia's migration laws, addressing the need for a structured and systematic approach to immigration. These regulations were established by the Australian Parliament under the Migration Act 1958 and serve to implement various aspects of the migration program, including the criteria for different visa categories and the processes for assessing and approving visa applications. The explanatory statement for the specific legislative instrument F2006L03359, which amends the Migration Regulations, clarifies the definitions and criteria for skilled occupations, specifies the bodies responsible for assessing the skills of applicants, and outlines the postcodes for residential addresses of sponsors. This instrument aims to ensure that skilled occupations are accurately defined and assessed, thereby maintaining the integrity and efficiency of the migration system. The policy objective is to facilitate the orderly and effective processing of skilled migration applications by providing clear guidelines and criteria.
Scope and Application
This Instrument is made under the Migration Regulations 1994 and is concerned with the specification of skilled occupations, the relevant assessing authorities, and the allocation of points for skilled occupations under the General Skilled Migration visa scheme. The primary purpose of the Instrument is to define what constitutes a skilled occupation and to specify the bodies responsible for assessing whether an applicant's skills are satisfactory for that occupation in Australia. It applies to all principal applicants for a General Skilled Migration visa who must nominate a skilled occupation and have their skills assessed. The Instrument also specifies the postcodes for residential addresses of sponsors, the number of points allocated to each occupation, and incorporates changes such as the recognition of Teaching Australia for assessing skills in specific teaching occupations and a name change for the Australian Council of Physiotherapy Regulating Authorities to the Australian Physiotherapy Council. This Instrument operates to ensure clarity and consistency in the assessment of skilled occupations for visa purposes and comes into effect on 1 November 2006.
Key Provisions
The main operative sections of the Migration Regulations 1994, as amended by this instrument, pertain to skilled occupations and their corresponding points, relevant assessing authorities, and the residential postcodes of sponsors. Regulation 1.03 (paragraphs 2 and 3) defines the term 'skilled occupation' and establishes the criteria that must be met for an occupation to be recognised as such. It also specifies that the relevant assessing authority is a person or body designated under subregulation 2.26B(1). These provisions ensure that occupations are correctly identified and that the appropriate authority is responsible for assessing the skills of applicants.
The obligations and requirements imposed by the Act are primarily focused on ensuring that skilled occupations are accurately identified and assessed. Principal applicants for a General Skilled Migration visa must nominate a skilled occupation, and their skills must be assessed as satisfactory by the relevant authority (section 1.03). Additionally, the residential postcode of the sponsor must be specified and match one listed in the instrument (section 1.03). The instrument also specifies the number of points that correspond to each occupation (section 1.03). These requirements ensure that the migration process is systematic and that applicants meet the necessary criteria to work in their nominated occupation in Australia.
The instrument does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, failure to meet the requirements outlined in the regulations could result in the rejection of a visa application or other administrative actions by the Department of Home Affairs. Given that the Migration Act 1958 provides for penalties for providing false or misleading information in visa applications, non-compliance with these provisions could potentially lead to serious consequences for applicants. The specific penalties for such breaches are detailed in the Migration Act, which may include fines, imprisonment, or both, depending on the severity of the offence.