Migration (Specification of Organisations) Instrument 2025

Administered by Department of Home Affairs

Legislation au F2025L00801 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Citizenship, Customs and Multicultural Affairs

Migration Regulations 1994

Migration (Specification of Organisations) Instrument 2025

The instrument, departmental reference LIN 25/015, is made under paragraph (b) of the definition of independent expert in regulation 1.21 of the Migration Regulations 1994 (the Migration Regulations).

This instrument repeals and replaces the Migration Regulations 1994 - Specification of Organisations - IMMI 13/023 (IMMI 13/023). The repeal of IMMI 13/023 is done in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument. 

The instrument commences on the day after registration on the Federal Register of Legislation. It is a legislative instrument for the purpose of the Legislation Act 2003 (the Legislation Act). 

Background

The Migration Regulations 1994 - Specification of Organisations - IMMI 13/023 (IMMI 13/023) commenced on 3 April 2013. That instrument was made under former regulation 1.17 and regulation 1.21 of the Migration Regulations.

The definition of independent expert in regulation 1.21 of the Migration Regulations provides that the term means a person who:

  • is suitably qualified to make independent assessments of non-judicially determined claims of family violence (paragraph (a) of that definition); and
  • is employed by, or contracted to provide services to, an organisation that is specified, in a legislative instrument made by the Minister for this definition, for the purpose of making independent assessments of non-judicially determined claims of family violence (paragraph (b) of that definition).

IMMI 13/023 operated to specify that the former Department of Human Services (DHS) and LSC Psychology were organisations for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations. The reference to the Department of Human Services is now redundant, noting that in line with the explanatory statement to IMMI 13/023, that Department had been included in the 2013 instrument as an independent expert for claims of family violence referred prior to its commencement on 3 April 2013, with LSC Psychology specified for claims referred on or after that date.

Purpose

The Migration (Specification of Organisations) Instrument 2025 (the instrument) is made under paragraph (b) of the definition of independent expert in regulation 1.21 of the Migration Regulations.


The purpose of the instrument is to specify the organisation LSC Psychology for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations. The instrument maintains the status of LSC Psychology as an organisation specified for this purpose, as it was under IMMI 13/023. The effect of this specification is that a person who is employed by, or contracted to provide services to, LSC Psychology, for the purpose of making independent assessments of non-judicially determined claims of family violence, is an independent expert for the purposes of the special provisions relating to family violence in Division 1.5 of the Migration Regulations. This means that LSC Psychology can lawfully undertake independent expert assessments for claims referred on or after the commencement of this instrument.

Consultation

No consultation was undertaken for this instrument. This instrument is made substantially in the same form as IMMI 13/023. This instrument continues to specify that LSC Psychology is an organisation for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations in relation to non‑judicially determined claims of family violence.

Additionally, the repeal of IMMI 13/023 (item 1 of Schedule 1 to the instrument) gives effect to the end of the agreement between the Department of Home Affairs and the Department of Human Services. The new instrument LIN 25/015 reflects this by specifying only LSC Psychology, and discontinuing the reference to the Department of Human Services as a specified organisation.

The Office of Impact Analysis (OIA) has advised that an Impact Analysis is not required. The OIA Reference is OIA25-09317.

Details of the instrument

Section 1 sets out the name of the instrument.

Section 2 provides for the commencement of the instrument on the day after it is registered on the Federal Register of Legislation.

Section 3 provides for the instrument being made under paragraph (b) of the definition of independent expert in regulation 1.21 of the Migration Regulations 1994 (the Migration Regulations).

Section 4 sets out definitions of terms used in this instrument. This section of the instrument provides for the term Regulations to mean the Migration Regulations 1994.

Section 5 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in each Schedule of this instrument and any other item in a Schedule to this instrument has effect according to its terms.

Section 6 provides that LSC Psychology is specified as an organisation, for the purpose of making independent assessments of non-judicially determined claims of family violence, in accordance with the definition of independent expert in regulation 1.21 of the Migration Regulations.

Item 1 of Schedule 1 provides that the Migration Regulations 1994 – Specification of Organisations – IMMI 13/023 is repealed.

Parliamentary scrutiny etc. 

The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because the instrument is made under Part 1 of the Migration Regulations, which is prescribed in sub-item 20(b) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.

As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.

The instrument was made by the Assistant Minister for Citizenship, Customs and Multicultural Affairs in accordance with paragraph (b) of the definition of independent expert in regulation 1.21 of the Migration Regulations.

Overview

The Migration (Specification of Organisations) Instrument 2025 (F2025L00801), introduced under the authority of the Assistant Minister for Citizenship, Customs and Multicultural Affairs, was enacted to address the need for a continued specification of organisations that can perform independent assessments of non-judicially determined claims of family violence under the Migration Regulations 1994. This instrument repeals and replaces the previous specification IMMI 13/023, aligning with the current legislative framework and discontinuing the reference to the Department of Human Services, which had been included in the 2013 instrument as an interim measure. The primary objective of this legislation is to maintain the status of LSC Psychology as the organisation specified for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations, ensuring that LSC Psychology can lawfully continue to undertake independent assessments for claims referred on or after the commencement of this instrument. The instrument is exempt from disallowance, and no Statement of Compatibility with Human Rights is required.

Scope and Application

The Migration (Specification of Organisations) Instrument 2025 pertains to the specification of organisations qualified to make independent assessments of non-judicially determined claims of family violence under the Migration Regulations 1994. Specifically, it identifies LSC Psychology as the organisation for this purpose, continuing its status established under the repealed instrument IMMI 13/023. This instrument ensures that LSC Psychology can legally undertake assessments of family violence claims referred after the instrument's commencement. The instrument applies to LSC Psychology and its employees or contractors involved in making such assessments. Its jurisdictional reach is national, as it is an instrument under the Migration Regulations, which are federal in nature. The instrument does not include any specific exclusions, exemptions, or thresholds beyond the specified organisation, LSC Psychology. The instrument exempts itself from disallowance under section 42 of the Legislation Act, and as such, a Statement of Compatibility with Human Rights is not required. The instrument is made by the Assistant Minister for Citizenship, Customs and Multicultural Affairs and is subject to the legislative framework of the Migration Regulations.

Key Provisions

The Migration (Specification of Organisations) Instrument 2025, departmental reference LIN 25/015, is made under paragraph (b) of the definition of independent expert in regulation 1.21 of the Migration Regulations 1994. This instrument serves to repeal and replace the earlier instrument, Migration Regulations 1994 - Specification of Organisations - IMMI 13/023 (IMMI 13/023). Specifically, section 6 of this instrument maintains the status of LSC Psychology as the organisation specified for the purpose of making independent assessments of non-judicially determined claims of family violence, in accordance with the definition of independent expert in regulation 1.21 of the Migration Regulations. The instrument repeals IMMI 13/023 in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The Act imposes a clear set of obligations and requirements on the parties it governs. Most notably, LSC Psychology is now the specified organisation for the purpose of making independent assessments of non-judicially determined claims of family violence. This means that only persons employed by, or contracted to provide services to, LSC Psychology can be deemed independent experts for the purposes of the special provisions relating to family violence in Division 1.5 of the Migration Regulations. This specification is crucial for ensuring that assessments are conducted by suitably qualified individuals. The instrument also outlines the consequences of any breach of its provisions. While the specific penalties are not detailed in the explanatory statement, it is worth noting that the instrument is exempt from disallowance under section 42 of the Legislation Act. This exemption implies that there are no parliamentary procedures for disallowing the instrument, thereby reinforcing the legal status of LSC Psychology as the specified organisation. Additionally, given the nature of the instrument, any failure to comply with its stipulations could result in legal challenges or administrative penalties, though these are not explicitly detailed in the provided text. In summary, the Migration (Specification of Organisations) Instrument 2025 specifies LSC Psychology as the organisation for making independent assessments of non-judicially determined claims of family violence. This specification ensures that only suitably qualified individuals employed by or contracted to LSC Psychology can act as independent experts. The instrument’s exemption from disallowance underscores its legal robustness, although specific penalties for non-compliance are not detailed in the provided explanatory statement.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.