EXPLANATORY STATEMENT
Migration Regulations 1994
PROFESSIONAL YEAR PROGRAMS
(Subregulations 2.26AA(9), 2.26AB(7) and 2.26AC(6))
- This instrument is made under subregulations 2.26AA(9), 2.26AB(7) and 2.26AC(6) of the Migration Regulations 1994 (‘the Regulations’).
- This Instrument revokes Instrument number IMMI 08/074 signed on 1 October 2008. This change is necessary for the implementation of the SkillSelect online system.
3. Subregulations 2.26AA(9), 2.26AB(7) and 2.26AC(6) of the Regulations provide that “professional year” means a course specified by the Minister in an instrument in writing for this definition.
4. A “professional year” is intended to be a formally structured program that involves both study and work experience. It serves to provide overseas graduates with an introduction to their chosen occupation. In recognition of the value of these programs in assisting former overseas students to become job ready, the Minister specifies certain professional year programs as being acceptable for migration purposes. The professional year must be specifically relevant to the occupation nominated in the graduate’s General Skilled Migration (GSM) visa application. Not all occupations will have a professional year that is recognised for migration purposes.
5. Applicants who have completed a specified professional year in their nominated occupation or a closely related occupation will be awarded points under the GSM points test.
6. The purpose of the Instrument is to specify the professional year program run by:
• The Australian Computer Society, which is available to information technology graduates;
• The Institute of Chartered Accountants in Australia, Certified Practising Accountants Australia and the Institute of Public Accounting, which is available to accounting graduates; and,
• Engineers Australia, which is available to engineering graduates.
7. The Office of Best Practice Regulation was consulted in relation to the 1 July 2012 points test amendments and the introduction of SkillSelect, and has advised that a Regulatory Impact Statement is not required (OBPR Reference 13150).
8. Consultation is not required as the changes are of a minor mechanical nature.
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. The Instrument, IMMI 12/029 commences on 1 July 2012, immediately after the commencement of the Migration Amendment Regulation 2012 (No. 2).
Overview
The Migration Regulations 1994, amended by F2012L01290, were enacted to address the need for structured professional programs that help overseas graduates transition into their chosen occupations in Australia. This particular legislative instrument was introduced to specify certain professional year programs that are acceptable for migration purposes under the General Skilled Migration (GSM) visa category. The instrument revokes a previous instrument, IMMI 08/074, to implement the SkillSelect online system, ensuring that only specified professional year programs are recognised for migration purposes. The policy objective is to award points under the GSM points test to applicants who have completed a relevant professional year program, thus facilitating their integration into the Australian workforce. The enacting body for these regulations is the Australian government, and the instrument came into effect on 1 July 2012.
Scope and Application
The specified instrument concerns the identification of professional year programs that are acceptable for migration purposes under the Migration Regulations 1994. It specifically applies to overseas graduates who are seeking to undertake a professional year program in their nominated occupation or a closely related occupation as part of their General Skilled Migration (GSM) visa application. The instrument is made under subregulations 2.26AA(9), 2.26AB(7) and 2.26AC(6) of the Regulations and revokes a previous instrument from 2008. It identifies particular professional year programs that are acceptable for migration purposes, such as those run by the Australian Computer Society, the Institute of Chartered Accountants in Australia, Certified Practising Accountants Australia, the Institute of Public Accounting, and Engineers Australia. These programs must be formally structured and involve both study and work experience relevant to the graduate’s nominated occupation. Successful completion of one of these specified professional year programs can result in points being awarded under the GSM points test. The instrument is part of the legislative framework governing the migration of skilled workers to Australia and aims to facilitate the transition of overseas graduates into the Australian workforce by recognising the value of professional year programs.
Key Provisions
The primary operative sections of this legislation pertain to subregulations 2.26AA(9), 2.26AB(7), and 2.26AC(6) of the Migration Regulations 1994. These sections define what constitutes a "professional year" program for the purposes of migration. Specifically, a "professional year" is a formally structured course that combines study and work experience, aimed at providing overseas graduates with a foundation in their chosen occupation. This program must be relevant to the occupation nominated in the graduate's General Skilled Migration (GSM) visa application. The Minister has the authority to specify which professional year programs are acceptable for migration purposes, and not all occupations will have a recognised program. The legislation also outlines that applicants who complete a specified professional year in their nominated or a closely related occupation will receive points under the GSM points test.
The Act imposes several obligations on the parties it governs. Primarily, it requires that the specified professional year programs be completed by applicants as part of their GSM visa application process. These programs must be formally structured and involve both study and work experience. The Minister has the authority to specify which programs meet these criteria. Additionally, the programs must be relevant to the occupation nominated in the visa application. Failure to complete a specified program could result in the applicant not receiving the associated points under the GSM points test.
For breaches of the provisions outlined in the Act, there are no explicit offences or penalties stated in the document. However, the failure to complete a specified professional year program could indirectly result in the applicant not meeting the points threshold required for the GSM visa application. This could potentially lead to the visa application being rejected. The Act also states that it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, meaning that no further Human Rights Statement of Compatibility is required.