EXPLANATORY STATEMENT
Migration Regulations 1994
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(CLAUSES 846.111, 855.111, 856.111 AND 857.111)
- This Instrument is made under clauses 846.111, 855.111, 856.111 and 857.111 of
Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).
2. Clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations provide that participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for the purposes of those clauses.
3. The purpose of the Instrument is to support provisions in the Regulations which require that applicants (and their non-migrating family members) for visa subclasses 846 (State/Territory Sponsored Regional Established Business in Australia), 855 (Labour Agreement), 856 (Employer Nomination Scheme) and 857 (Regional Sponsored Migration Scheme) satisfy Public Interest Criteria (PIC) 4007 if the applicants reside (or propose to reside) in a participating State or Territory. PIC 4007 includes a waiver of some of the health requirements in certain circumstances.
4. The Instrument operates to specify the states and territories which have agreed to participate in the health waiver scheme. In particular, this instrument includes New South Wales as a participant in the health waiver scheme.
5. Consultation was undertaken before the Instrument was made with states and territories and relevant Australian Government agencies (Department of Health and Ageing, Department of Families, Housing, Community Services and Indigenous Affairs, and Department of Education, Employment, and Workplace Relations) regarding the concept of a health waiver for applicants under these subclasses, as well as the administration of the proposed health waiver. Agreement to participate in the administration of the health waiver was also sought from states and territories.
6. The Office of Best Practice Regulation has 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.
7. The Instrument, number IMMI 10/064, commences on the day after registration on the Federal Register of Legislative Instruments.