Overview

The Migration Regulations 1994, as amended by the Working Holiday Maker Visa – Definitions of ‘Seasonal Work’ and ‘Regional Australia’ (Regulation 1225(5)) instrument, were enacted to address the need for a more inclusive definition of regional Australia and seasonal work. This change was made to facilitate the granting of a second Working Holiday Maker (subclass 417) visa to applicants who have demonstrated they have carried out seasonal work in regional areas for at least three months while holding a first Working Holiday Maker visa. The policy objective was to increase the number of eligible applicants and support rural and regional industries that heavily rely on backpacker labour to meet seasonal work demands. The instrument was developed through consultation with key government agencies and industry bodies such as the National Farmers’ Federation and the National Harvest Labour Information Service (MADEC). The instrument, IMMI 06/014, came into effect on 1 July 2006.

Scope and Application

The Migration Regulations 1994, as amended by the instrument IMMI 06/014, pertains to the eligibility criteria for a second Working Holiday Maker (subclass 417) visa, specifically focusing on the definitions of 'seasonal work' and'regional Australia'. This regulation applies to individuals who have previously held a Working Holiday Maker visa and are seeking a second visa. To qualify, applicants must demonstrate that they have engaged in seasonal work in regional Australia for at least three months while holding their first Working Holiday Maker visa. The instrument defines 'regional Australia' by specifying certain postcodes and expands the definition of'seasonal work' to include activities such as fishing, pearling, shearing, butchery, and forestry, in addition to the previously defined activities like picking fruit, nuts, and other crops, and general maintenance crop work. This broadening of definitions aims to increase the number of applicants eligible for a second visa and to address labour shortages in rural and regional industries that rely heavily on backpacker labour. The instrument was made after consultation with key government agencies and industry representatives, and it commenced on 1 July 2006.

Key Provisions

The Migration Regulations 1994, as amended by Regulation 1225(5), provide specific definitions that are crucial for the eligibility of applicants seeking a second Working Holiday Maker (subclass 417) visa. These definitions pertain to "seasonal work" and "regional Australia" (Regulation 1225(5)). To be eligible for a second visa, applicants must demonstrate that they have worked in seasonal jobs in regional Australia for at least three months while holding their first Working Holiday Maker visa. This requirement ensures that applicants gain practical experience in regional areas, which is a key component of the visa criteria. The Regulations impose several obligations on both applicants and employers. For applicants, the primary obligation is to provide evidence of having worked in seasonal jobs in regional Australia for the specified period. Employers, on the other hand, must ensure that the work carried out by the visa holders meets the criteria of "seasonal work." This includes verifying that the work is in line with the expanded definition, which now includes activities in primary industries such as fishing, pearling, shearing, butchery, and forestry. These obligations are designed to ensure that the visa program supports rural and regional industries by providing them with necessary labour during peak seasons. There are no specific offences or penalties outlined in the Regulations for breaches of the definitions or obligations related to the second Working Holiday Maker visa. However, failure to meet the eligibility criteria could result in the application being refused. The consequences of such refusal are that the applicant would not be granted the second visa, and they might face difficulties in meeting the work experience requirements for future visa applications or other immigration pathways. Although the Regulations do not detail maximum penalties for breaches, non-compliance with visa conditions can lead to broader immigration consequences, including potential bans on future visa applications.