EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS FOR SKILLS ASSESSMENTS
(SUBCLAUSE 175.211(1), SUBCLAUSE 176.211(1) AND SUBCLAUSE 475.211(1))
- This Instrument is made under subclauses 175.211(1), 176.211(1) and 475.211(1) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).
2. Subclauses 175.211(1), 176.211(1) and 475.211(1) of the Regulations apply if an applicant has nominated a skilled occupation which is specified by the Minister in an instrument in writing for these subclauses, and the applicant has been employed in the skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made.
3. Skilled occupations for subclauses 175.211(1), 176.211(1) and 475.211(1) of the Regulations were specified in the previous Instrument IMMI 10/012 signed by the Minister on 9 March 2010, by reference to the Australian Standard Classification of Occupations (‘ASCO’). The purpose of this Instrument is to specify the same occupations by reference to the Australian and New Zealand Standard Classification of Occupation (‘ANZSCO’), as well as the ASCO. This will meet the operational requirements of the Department of Immigration and Citizenship (‘the Department’) from 1 July 2010 when ANZSCO will become the accepted descriptor of occupations within the Department and new applicants for General Skilled Migration visas from that date will need to nominate a skilled occupation by reference to the ANZSCO.
4. Affected government departments were consulted on the proposal to introduce the ANZSCO standard into the Department's skilled migration programs. These included the Australian Bureau of Statistics, the Department of Education, Employment and Workplace Relations and the Department of Infrastructure, Transport, Regional Development and Local Government.
5. State and Territory Governments were consulted via the Commonwealth State Working Party on Skilled Migration (CSWPSM). This included the ACT Chief Minister’s Department, the NSW Department of State and Regional Development, the NT Department of Business and Employment, the Queensland Department of Employment, Economic Development and Innovation, the Tasmanian Department of Economic Development, Tourism and the Arts, and the SA Department of Trade and Economic Development.
6. The following documents are incorporated in the Instrument by reference:
- ANZSCO means under 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010. This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at http://www.abs.gov.au.
- ASCO means under 1.03 of the Regulations, the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997. This is the ASCO - Second Edition (ABS Catalogue No. 1220.0) and is available online at http://www.abs.gov.au .
7. The Office of Best Practice Regulation was consulted and advised that because changes from ASCO to ANZSCO are a consequence of the new approach adopted by the Australian Bureau of Statistics for classifying occupations, no regulation impact statement or business cost calculator report was required.
8. The Instrument, IMMI 10/027, commences on 1 July 2010.
Overview
The Migration Regulations 1994, amended by instrument F2010L01326, was enacted to address the need for updated occupational classifications within the Department of Immigration and Citizenship. The legislation was introduced to ensure that the classification of skilled occupations aligns with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) from 1 July 2010, replacing the previous Australian Standard Classification of Occupations (ASCO). This change was necessary as ANZSCO became the accepted descriptor for occupations in the department and for applicants of General Skilled Migration visas. The regulation was made under subclauses 175.211(1), 176.211(1), and 475.211(1) of the Migration Regulations 1994 and was signed by the Minister on 9 March 2010. It incorporates ANZSCO as the primary classification tool for skilled occupations, reflecting the operational requirements of the department and the adoption of ANZSCO as the standard by the Australian Bureau of Statistics. Relevant government departments and state and territory governments were consulted in the development of this instrument to ensure a comprehensive approach to the transition from ASCO to ANZSCO.
Scope and Application
The Migration Regulations 1994, as amended by Instrument IMMI 10/027, specify the skilled occupations relevant to subclauses 175.211(1), 176.211(1) and 475.211(1) of the Regulations, which apply to applicants who have nominated a skilled occupation and have been employed in that occupation for at least 12 months within the 24 months preceding their application. This Instrument, effective from 1 July 2010, updates the classification of these occupations from the Australian Standard Classification of Occupations (ASCO) to the Australian and New Zealand Standard Classification of Occupation (ANZSCO), reflecting the Department of Immigration and Citizenship's adoption of ANZSCO as the standard occupation descriptor for new applicants from that date. The Instrument incorporates ANZSCO and ASCO by reference and was developed in consultation with various government departments and State and Territory governments through the Commonwealth State Working Party on Skilled Migration. The changes made by this Instrument do not require a regulation impact statement or business cost calculator report as advised by the Office of Best Practice Regulation.
Key Provisions
The Migration Regulations 1994, as amended by IMMI 10/027, specify the skilled occupations relevant to skilled migration visa applications under subclauses 175.211(1), 176.211(1) and 475.211(1). These provisions apply to applicants who have nominated a skilled occupation listed by the Minister and have been employed in that occupation for at least 12 months in the 24 months preceding the application (subclauses 175.211(1), 176.211(1) and 475.211(1)). The specified skilled occupations are identified using the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the Australian Standard Classification of Occupations (ASCO). This regulation change aligns with the Department of Immigration and Citizenship's adoption of ANZSCO as the standard classification from 1 July 2010, necessitating that new applicants nominate their skilled occupation according to the ANZSCO.
The obligations imposed by these Regulations include ensuring that applicants meet the specified employment criteria in a listed skilled occupation, as identified by ANZSCO and ASCO. This involves verifying the applicant's employment history and ensuring it aligns with the required 12 months within the last 24 months. Additionally, the Regulations mandate that the Department of Immigration and Citizenship, along with other relevant government departments, adhere to the ANZSCO as the official classification system for skilled occupations from the commencement date of 1 July 2010.
Failure to comply with the requirements set out in the Regulations may result in various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, breaches of migration regulations generally may lead to refusal of the visa application, potential deportation for non-compliant visa holders, and other administrative actions as deemed necessary by the Department. The precise penalties for non-compliance are not detailed in the explanatory statement but would typically be guided by the broader provisions of the Migration Act 1958 and associated regulations, which may include fines and imprisonment for more severe breaches.