EXPLANATORY STATEMENT

Migration Regulations 1994

ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS)

(REGULATION 5A102)

1. This Instrument is made under clause 5A102 of the Migration Regulations 1994 (‘the Regulations’).

2.      Clause 5A102 of the Regulations provides that the Minister may specify in a Gazette Notice an English language proficiency test as an alternative to the International English Language Testing System (IELTS) test, the foreign country or countries in which that test may be taken by an applicant, and the test score that must be achieved by the applicant for this clause.

3.      The purpose of the Instrument is to specify which English language proficiency tests may be used as an alternative to the IELTS test, in which countries, and the scores that must be achieved by an applicant. The Instrument also removes the requirement for English language testing in a limited number of instances where English language proficiency is now to be determined by the provider of intensive English language courses. This follows from recommendations contained in the Strategic Review of the Student Visa Program 2011 Report.

4.      The English language proficiency tests that may be used as an alternative to the IELTS test are:

• the Test of English as a Foreign Language (TOEFL) Paper-Based test;
• the (TOEFL) Internet-Based test (also known as TOEFL iBT),
• the Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English),
• the Pearson Test of English Academic test; and
• the Occupational English Test .

5.      The TOEFL Paper-Based test is available to be taken by an applicant only in a certain foreign country or countries specified in Schedule 1, while other tests may be taken in any foreign country or countries.

6.      Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7.      The Office of Best Practice Regulation has advised that a Regulatory Impact statement is not required (OBPR Reference 12851)

8.      The Instrument, IMMI 11/070, commences on 5 November 2011, immediately after the commencement of Migration Amendment Regulations 2011 (No. 6).