EXPLANATORY STATEMENT

Migration Regulations 1994

TYPES OF COURSES FOR STUDENT VISAS

(REGULATION 1.40A)

1. This Instrument is made under Regulation 1.40A of the Migration Regulations 1994
   (‘the Regulations’).

2.                  Regulation 1.40A provides for the specification of the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector). “Student visa” is defined in regulation 1.03 of the Regulations to mean any of the following subclasses of visa: (a) a Subclass 570 (Independent and ELICOS Sector) visa; (b) a Subclass 571(Schools Sector) visa; (c) a Subclass 572 (Vocation Education and Training Sector) visa; (d) a Subclass 573 (Higher Education Sector) visa;  (e) a Subclass 574 (Postgraduate Research Sector) visa;
(f) a Subclass 575 (Non-Award Sector) visa; (g) a Subclass 576 (AUSAID or Defence Sector) visa.

3.                  The purpose of the Instrument is to:

• amend the description of two courses specified for Subclass 572 (Vocational Education and Training Sector), so that they are more specific; and
• remove three courses in the Vocational Education and Training Sector (Subclass 572) as they are no longer listed on the AQF or CRICOS; and
• recognise two course types in the Higher Education Sector (Subclass 573). These two course types, namely, Higher Education Diplomas and Higher Education Advanced Diplomas, have been acknowledged under the Australian Qualifications Framework (AQF) for several years.

The relationships between other course types and subclasses are unchanged. 

4.                  The Department has consulted widely with peak bodies in the Australian education industry. 

5.                  This proposal was tabled by the Department as a point for discussion on 19 May 2010 at the Government-Industry Stakeholder Consultation (GISC) meeting, where representatives from the following Australian education peak bodies and government departments attended:

• English Australia (EA)
• Independent Schools Council of Australia (ISCA)
• Schools International Government Group (SIGG)
• TAFE Directors Australia (TDA)
• Universities Australia (UA)
• Australian Council of Private Education and Training (ACPET)
• ISANA International Education Association
• Australian Universities International Directors Forum (AUIDF)
• International Education Association of Australia (IEAA)
• Council of Private Higher Education (COPHE)
• Department of Education, Employment and Workplace Relations (DEEWR)
• Australian Trade Commission (Austrade)

6.                  DEEWR and the AQF Council have also been consulted and fully support this proposal. 

7.                  A Preliminary Assessment for this proposed change has been sent to the Office of Best Practice Regulation, and they have advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition.

8.                  The Instrument, number 10/069, commences on 1 January 2011.