EXPLANATORY STATEMENT
Migration Regulations 1994
FEES FOR ASSESSMENT OF QUALIFICATIONS AND EXPERIENCE (SUBREGULATION 5.40(1))
- This Instrument is made under subregulation 5.40(1) of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 5.40(1) of the Regulations provides that the fee payable to an Agency (within the meaning of the Financial Management and Accountability Act 1997) for an application for assessment for the purposes of the Act of a person’s occupational qualifications or experience (or both), an application for assessment for the purposes of the Act of a person’s educational qualifications, and an application for internal review of an assessment, is the fee specified by the Minister in an instrument in writing for this regulation.
3. The purpose of the Instrument is to specify the fees payable to the Trades Recognition Australia (TRA) within the Department of Education, Employment and Workplace Relations (DEEWR) for certain applications for assessment for the purposes of the Migration Act 1958 (the Act). The DEEWR is an agency within the meaning of the FMA Act.
4. The specified fees do not exceed the cost to the Commonwealth for providing the service.
5. This instrument specifies the following fees, payable for assessing the qualifications and experience of certain migration applicants nominating occupations where TRA is the relevant assessing authority, for the purposes of the paragraph 5.40(1)(a).
6. The specified fees have been set as follows:
- an application for assessment of a person’s occupational qualifications or experience (or both) for the purpose of a Provisional Skills Assessment: AUD 300;
- an application for access and monitoring over the 12 month employer period of a workplace journal and workplace monitoring visits for the purpose of the Job Ready Employment Assessment: AUD 500;
- an application for a practical assessment of a person’s occupational skills and experience in the workplace for the purpose of the Job Ready Workplace Assessment: AUD 2000;
- an application for an assessment and validation of a person’s supporting documents demonstrating completion of all elements of the Job Ready Program for the purpose of the Final Job Ready Assessment for the Job Ready Program: AUD 150;
- an application for an assessment of a person’s occupational qualifications or experience (or both) and assessment of a person’s educational qualifications other than for the purpose of the Job Ready Program: AUD 300;
- an application for an assessment of a person’s educational qualifications: AUD 300;
- an application for an internal review of assessment of an assessment of a person’s occupational qualifications or experience (or both): AUD 300.
7. Consultation with DEEWR was undertaken before the instrument was made.
8. 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.
9. The Instrument, IMMI 10/052, commences on 17 November 2010.
Overview
The Migration Regulations 1994, as amended by the F2010L02753 instrument, were enacted to address the need for specified fees related to the assessment of qualifications and experience for migration purposes. This instrument was introduced under the authority of subregulation 5.40(1) of the Migration Regulations 1994 and was made by the Minister for Immigration and Citizenship. The objective of this regulation is to set out the fees payable to Trades Recognition Australia (TRA) within the Department of Education, Employment and Workplace Relations (DEEWR) for specific assessment services required under the Migration Act 1958. The specified fees are intended to cover the cost to the Commonwealth for providing these services and were determined following consultation with DEEWR. This regulation aims to ensure that the fees charged do not exceed the actual costs incurred and to streamline the processing of applications for various assessments, including occupational and educational qualifications, as well as internal reviews.
Scope and Application
The Migration Regulations 1994, as specified by the F2010L02753 Instrument, establish the fees payable to Trades Recognition Australia (TRA) within the Department of Education, Employment and Workplace Relations for various assessment applications under the Migration Act 1958. The fees are set to not exceed the cost to the Commonwealth for providing these services and apply to specific types of applications, including assessments of occupational qualifications or experience, educational qualifications, and internal reviews of assessments. The fees vary depending on the type of assessment required, ranging from AUD 150 to AUD 2000, and are designed to cover the costs associated with services such as workplace monitoring, practical skill assessments, and document validation. This instrument applies to individuals or entities that are subject to migration assessments under the Migration Act and operates within the Commonwealth jurisdiction. It does not extend beyond the scope of the specified assessments and fees, and any additional costs or services are not covered by this regulation.
Key Provisions
The main operative sections of the Migration Regulations 1994 (F2010L02753) specify the fees payable to Trades Recognition Australia (TRA) for various assessment applications related to migration. These fees are outlined under subregulation 5.40(1) of the Regulations, which mandates that the fees are set by the Minister in a written instrument. The fees are for assessments of occupational and educational qualifications, as well as for internal reviews of assessments. For instance, the fee for a Provisional Skills Assessment is AUD 300, while a Job Ready Workplace Assessment is AUD 2000. The fees have been determined to be commensurate with the cost to the Commonwealth for providing these services.
The Regulations impose specific obligations on the parties involved. Firstly, the Minister must set the fees in accordance with the provisions of subregulation 5.40(1). Secondly, applicants must pay the specified fees when submitting their applications for assessment. Thirdly, TRA, as the assessing authority, must provide the services as per the fees set out in the Regulations. The fees are intended to cover the cost of providing the assessments and reviews, ensuring that the service is financially sustainable.
There are no explicit offences, penalties, or consequences for breach detailed in the explanatory statement. However, non-payment of the specified fees could potentially lead to the delay or refusal of the assessment applications. Applicants who fail to pay the required fees may not receive the necessary assessments, which could impact their migration status. The statement also highlights that the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required due to minimal compliance costs and no significant impacts on businesses, individuals, the economy, or competition. The Regulations officially commence on 17 November 2010.