EXPLANATORY STATEMENT
Migration Regulations 1994
CREDENTIALLED COMMUNITY LANGUAGE QUALIFICATIONS
(Paragraphs (a) and (b) of item 6C91 and paragraphs (a) and (b) of item 6D91)
- This Instrument is made under paragraphs (a) and (b) of item 6C91 of part 6C.9 of Schedule 6C and paragraphs (a) and (b) of item 6D91 of part 6D.9 of Schedule 6D of the Migration Regulations 1994 (‘the Regulations’).
2. Items 6C91 and 6D91 of the Regulations provides that the applicant has a qualification in a particular language awarded or accredited by a body specified by the Minister in an instrument in writing and at a standard for the language specified in the instrument.
3. The purpose of the Instrument is to provide that applicants may be eligible to be awarded 5 points towards their points test score if they hold accredited community language skills.
4. The instrument operates to specify that accreditation by the National Accreditation Authority for Translators and Interpreters (NAATI) at the paraprofessional interpreter or translator level or above will be the basis for obtaining the Credentialled Community Language points.
5. The instrument has been reissued to include reference to new item 6D91 of the Regulations, which is relevant to (applications for):
- Skilled – Independent (Permanent) (Class SI)
- Skilled - Nominated (Permanent) (Class SN) and
- Skilled – Regional Sponsored (Provisional) (Class SP) visas.
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. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 11343 and 13150).
9. This Instrument number IMMI 12/020, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Legislative Instrument number IMMI 12/020, relating to the National Accreditation Authority for Translators and Interpreters (‘NAATI’) as a credentialled community language body and the awarding of points for credentialled community language qualifications.
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument is made under paragraphs (a) and (b) of item 6C91 of part 6C.9 of Schedule 6C and paragraphs (a) and (b) of item 6D91 of part 6D.9 of Schedule 6D of the Migration Regulations 1994 (‘the Regulations’).
The Instrument operates to specify that such accreditation is to be conducted by NAATI and that accreditation at the paraprofessional interpreter or translator level or above will be the basis for obtaining the Credentialed Community Language points.
Points are offered under the points test to prospective skilled migrants because translation and interpreting skills are highly valued in Australia. The Instrument allows for NAATI, as subject matter experts, to be able to determine eligibility for these points.
Human rights implications
As this Legislative Instrument is confined to specifying NAATI as the organisation to conduct assessment of language qualifications, this Legislative Instrument does not engage any of the applicable rights or freedoms under the seven key international human rights treaties.
Conclusion
The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Chris Bowen, Minister for Immigration and Citizenship