Overview

The Instrument, titled F2009L01446 and enacted in 2009, pertains to the Migration Regulations 1994. This legislation was introduced to address the need for a comprehensive list of skilled occupations, the relevant assessing authorities, and the allocation of points for each occupation under the General Skilled Migration visa system. The Instrument specifies skilled occupations, the number of points awarded for each, and the bodies responsible for assessing applicants' suitability for those occupations in Australia. The policy objective is to ensure that all principal applicants for a General Skilled Migration visa nominate a skilled occupation and have their skills assessed by the relevant authority. The Instrument references the Australian Standard Classification of Occupations (ASCO) and incorporates it by reference. The Department of Education, Employment and Workplace Relations (DEEWR) has approved certain bodies, such as Vocational Education and Training Assessment Services (VETASSESS), as relevant co-assessing authorities for specific occupations. The Instrument came into effect on 15 May 2009.

Scope and Application

This Instrument under the Migration Regulations 1994 is designed to establish the framework for the assessment and recognition of skilled occupations relevant to General Skilled Migration in Australia. It applies to individuals seeking to migrate to Australia under the General Skilled Migration visa category, specifically targeting principal applicants who must nominate a skilled occupation and obtain a satisfactory skills assessment from the designated relevant assessing authority. The specified occupations and their respective assessing authorities are determined based on the Australian Standard Classification of Occupations (ASCO) and consultation with the Department of Education, Employment and Workplace Relations (DEEWR). The scope of the Instrument includes defining the skilled occupations, the points allocated for each occupation under the Schedule 6B points test, and the relevant assessing authorities for the residents of one or more countries, excluding recognised countries. The Instrument also incorporates the Australian Standard Classification of Occupations by reference and commences on 15 May 2009.

Key Provisions

The Migration Regulations 1994 (the Regulations) under sections 1.03 and 2.26B(1) outline the skilled occupations eligible for points in the General Skilled Migration visa scheme, the relevant assessing authorities, and the number of points for each occupation. Regulation 1.03 defines "skilled occupation" as any occupation for which a specific number of points are available, as specified in the Regulations. It also defines "relevant assessing authority" as a person or body designated under subregulation 2.26B(1). Subregulation 2.26B(1) allows the Minister to specify in writing a person or body as the relevant assessing authority for a skilled occupation for residents of one or more countries. This instrument specifies the occupations, the points available for each, and the relevant assessing authorities for each occupation for residents of one or more countries. All applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory by the relevant assessing authority. The purpose of this instrument is to provide a list of skilled occupations, the bodies responsible for assessing applicants' suitability for working in those occupations in Australia, and the points available for each occupation under the Schedule 6B points test. The Australian Standard Classification of Occupations (ASCO) is incorporated by reference in this instrument. The Minister has specified certain occupations and the relevant assessing authorities for these occupations. Vocational Education and Training Assessment Services (VETASSESS) has been approved as the relevant co-assessing authority for several occupations, including General Electrician, General Plumber, and Refrigeration and Air-conditioning Mechanic, among others, for all countries except recognised countries. Occupations such as Building Surveyor are to reflect ASCO Code 2549-79. The instrument, IMMI 09/031, commences on 15 May 2009. The Regulations impose several obligations on the parties involved. Applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed by the relevant assessing authority. The relevant assessing authorities must ensure that the assessments are conducted in accordance with the criteria specified in the Regulations. The Department of Education, Employment and Workplace Relations (DEEWR) has given formal approval for VETASSESS to be the relevant co-assessing authority for the specified occupations. Failure to comply with the Regulations may result in various consequences. While the specific offences, penalties, and consequences for breach are not detailed in this instrument, breaches of migration laws can generally lead to civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for specific offences are usually outlined in the primary legislation, the Migration Act 1958, and may vary based on the nature and circumstances of the breach. It is important for all parties to adhere to the requirements of the Regulations to avoid any potential legal repercussions.