EXPLANATORY STATEMENT
Migration Regulations 1994
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(REGULATIONS 846.111, 855.111, 856.111, 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 that clause.
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 Australian Capital Territory, Victoria, Western Australia, Northern Territory, Queensland and Tasmania as states and/or territories which have agreed to participate in the health waiver.
5. Consultation was undertaken before the Instrument was made with states and territories and relevant Australian Government agencies (Australian Department of Health and Ageing, Department of Families, Community Services and Indigenous Affairs, and Department of 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 Instrument, IMMI 09/102, commences on 14 September 2009.