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About the Department

2008 Regulatory Plan

This plan was published in December 2008 and contains details of amendments to business regulation that were made by the portfolio during the 2007/08 financial year, and changes which have taken effect in, or are proposed for, the 2008/09 financial year.

Part A - Past Regulatory Changes (which took effect during the 2007/08 financial year)

Title Migration Amendment (Employer Sanctions) Act 2007
Description of Issue The Act made amendments to the Migration Act 1958 to impose sanctions on employers who recruit illegal workers or allow non-citizens to work in breach of their visa conditions, as well as those who refer such people for work.
Date of Effect The Act commenced on 19 August 2007.
Contact Details

Jeanie Bruce
Director, Employer Compliance Section
Telephone: 02 6198 7923
Email: Jeanie.Bruce@IMMI.gov.au
Fax: 02 6198 7919

Further information is available.
See: Notice of Legislation Changes > 19 August 2007

Title Migration Amendment (Maritime Crew) Act 2007 and Migration Amendment Regulations 2007 (No. 6)
Description of Issue Amendments to the Migration Act 1958 and Migration Regulations 1994 were made to create and implement the new maritime crew visa for crew (including supernumerary crew) of non-military ships and their spouses and dependent children.
Date of Effect Commenced on 1 July 2007
Contact Details

Annette Keenan
Director, Seaports Section
Telephone: 02 6198 7439
Email: Annette.Keenan@IMMI.gov.au
Fax: 02 6198 7436

Further information is available.
See: Notice of Legislation Changes > 1 July 2007

Title Migration Amendment Regulations 2007 (No. 7)
Description of Issue From 1 September 2007, the Migration Regulations 1994 (the ‘Regulations’) are amended to respond to the recommendations of the Evaluation of General Skilled Migration (GSM) Categories and introduce other changes to improve the efficiency and effectiveness of the GSM program.
Date of Effect Commenced on 1 September 2007
Contact Details

Anthea Matis
Director (a/g), Legislation B Section
Telephone: 02 6264 2724
Email: Anthea.Matis@immi.gov.au
Fax: 02 6264 1818

Further information is available.
See: Notice of Legislation Changes > 1 September 2007

 

Part B - Planned Regulatory Activities (which have taken effect in, or which are proposed for, the 2008/09 financial year)

Title Migration Legislation Amendment Regulations 2008 (No.1)
Description of Issue These Regulations amend the Migration Regulations relating to eligibility for second working holiday visas and expand the concession for a second Working Holiday visa, that currently applies to Working Holiday visa holders who undertake three months' work in regional Australia, to include work in the construction industry in regional Australia.
Date of Effect 1 July 2008
Contact Details

Ben Meagher
Assistant Director, Working Holiday Section
Telephone: 02 6264 4570
Email: Benjamin.Meagher@IMMI.gov.au
Fax: 02 6264 1399

Further information is available.
See: Notice of Legislation Changes > 1 July 2008

Date Last Modified 28 November 2008
Title Migration Legislation Amendment Regulations 2008 (No.6)
Description of Issue

On 17 August 2008, the Government announced it would provide for a pilot scheme to allow for non-citizens from selected countries to undertake seasonal work in Australia.

These amendments to the Regulations facilitate the lawful entry to, and stay in Australia for these seasonal workers under the migration legislation. The Australian Government will negotiate Memoranda of Understanding, which will outline the terms of participation in the pilot, with participating overseas governments. 

Visa applicants will need to be invited by an Australian organisation who will enter into a special program agreement with the Department of Immigration and Citizenship.

Date of Effect 19 September 2008
Contact Details

Robert Day
Director, Pacific Seasonal Labour Section
Telephone: (02) 6264 2940
Email: Robert.Day@IMMI.gov.au

Further information is available.
See: Notice of Legislation Changes > 19 September 2008

Date Last Modified 28 November 2008
Title Migration Legislation Amendment (Worker Protection) Bill 2008
Description of Issue The Bill introduces a suite of sponsorship obligations that apply in respect of sponsors of persons on 457 and other visas.  The Bill also introduces civil penalty provisions and confers powers on inspectors to allow monitoring of sponsors to check compliance with the new obligations.  The Bill will also provide for greater information sharing about sponsors and visa holders between DIAC and prescribed Commonwealth, State and Territory agencies.
Consultation Opportunities Consultation opportunities on the Bill have ceased.
Expected Timetable The Bill was introduced in the Senate on 24 September 2008 and referred to the Legal and Constitutional Affairs Committee on 12 October.  The Committee reported on 11 November 2008 recommending passage of the Bill with a three year review.  It is expected that the Bill will be passed in 2008 and come into effect on 1 July 2009, together with related Regulations.
Contact Details Greg Phillipson
Director, Temporary Skilled Regulatory Reform Section
Telephone: 02 6264 2418
Email: Greg.Phillipson@IMMI.gov.au
Date Last Modified 28 November 2008
Title Regulations to support the Migration Legislation Amendment (Worker Protection) Bill 2008
Description of Issue It is anticipated that these regulations will:
  1. introduce sponsorship as a criterion for grant, or to make a valid application, for certain temporary skilled work visas;
  2. amend and insert new regulations for the sponsorship approval process in relation to temporary skilled work visas;
  3. insert sponsorship obligations which must be satisfied by sponsors of certain temporary skilled work visas; and
  4. insert and amend other regulations for the sponsorship framework such as regulations relating to information sharing and barring and cancelling sponsors.
Consultation Opportunities As per 457 Integrity Review below.
Expected Timetable Expected to commence on 1 July 2009 to coincide with commencement of the Worker Protection Act amendments (see above).
Contact Details Greg Phillipson
Director, Temporary Skilled Regulatory Reform Section
Telephone: 02 6264 2418
Email: Greg.Phillipson@IMMI.gov.au
Date Last Modified 28 November 2008
Title Subclass 457 Integrity Review (the Deegan Review)
Description of Issue

On 14 April 2008 the government announced the establishment of an independent integrity review process to be conducted by industrial relations expert Ms Barbara Deegan, following concerns raised about the Subclass 457 visa program.

The department is providing secretariat support to the Review.  Three issues papers were released as part of the Subclass 457 Integrity Review –and each sought submissions from interested parties on the issues raised: Issues Paper no. 1 - Minimum Salary Level and Labour Agreements. Issues Paper no. 2 – English language requirements and Occupational Health and Safety issues. Issues Paper no.3 – Integrity and Exploitation issues.

Consultation Opportunities See Skilled Migration Consultative Panel (entry below).
Broad ranging consultation was conducted under the terms of reference for the Integrity review.
Expected Timeframe The final report of the Subclass 457 Integrity Review was published on the Minister for Immigration and Citizenship’s website on 14 November 2008.
Contact Details Penelope Robinson
Director, Migration Strategies Section
Telephone: (02) 6264 2120
Email: Penelope.Robinson@IMMI.gov.au
Date Last Modified 28 November 2008
Title Skilled Migration Consultative Panel
Description of Issue

The Skilled Migration Consultative Panel has been established to provide advice to the Government on proposals aimed at improving Australia's temporary skilled (457 visa) migration program.

Membership of the consultative panel comprises representatives of the New South Wales, Victorian, Queensland and Western Australian state governments; Australian Chamber of Commerce and Industry; Australian Industry Group; Business Council of Australia; Australian Council of Trade Unions and the Minerals Council of Australia.

The consultative panel will also examine how the temporary 457 visa program can best integrate with the employer and state-sponsored permanent skilled migration program.

Consultation Opportunities Under the terms of reference, the consultative panel will consult with their members and constituents in order to:
  • consider and provide advice to Government on matters referred regarding possible skilled migration policy changes
  • consider and provide advice on issues referred by industrial relations expert Barbara Deegan, who is conducting a review of the integrity of the 457 visa program (see entry above)
  • provide informed feedback on reform proposals based on a sound appreciation of the issues and the impacts these issues have on business, the Australian workforce and the broader community.
Expected Timeframe The consultative panel will provide advice through the latter half of 2008 to assist the Government in its development of a package of longer term measures to be considered in the context of the 2009–10 budget process.
Contact Details Peter Job
Director, Temporary Skilled Reform Strategy Section
Telephone: 02 6264 1423
Email: Peter.Job@IMMI.gov.au
Date Last Modified 28 November 2008