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 Further information is available. |
| 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 Further information is available. |
| 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 Further information is available. |
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 Further information is available. |
| 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 Further information is available. |
| 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:
|
| 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:
|
| 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 |
