2011 Regulatory Plan
Regulatory plans provide information about past and future regulatory change that is likely to be of interest to businesses in Australia because that regulatory change may have an impact on the way in which they do business.
Regulatory Plans are not exhaustive listings of all regulatory activity carried out by the portfolio.
Part A – Past regulatory changes
Changes which took effect during the 2010/11 financial year.
Migration Amendment Regulations 2010
(No. 6)(FRLI Reference - F2010L01587)
Description of issue
The purpose of the Regulations is to amend the Migration Regulations 1994 (the Principal Regulations) to enable a more targeted skilled occupation list to be specified by the Minister under the definition of 'skilled occupation'; allow applications for certain General Skilled Migration visas to be made on or after commencement; and to transition from the use of the outdated Australian Standard Classification of Occupations (ASCO) to the use of the current Australian and New Zealand Standard Classification of Occupations (ANZSCO) in relevant skilled migration programs.
In particular, the Regulations make amendments to the Principal Regulations to:
- extend the definition of ‘skilled occupation’ to allow the Minister to specify in an instrument in writing occupations that apply to different classes of persons including that an occupation is a skilled occupation for a person who is nominated by a state or territory government agency (state agency);
- require applicants for certain General Skilled Migration visas to be nominated by a state agency or to be sponsored by an eligible person in order to make a valid application to align with the relevant changes to the definition of ‘skilled occupation’;
- remove the changes that commenced on 8 May 2010 to allow applicants seeking to satisfy the primary criteria for a Subclass 175 (Skilled – Independent), Subclass 176 (Skilled – Sponsored) or Subclass 475 (Skilled – Regional Sponsored) visa, that allow for the grant of a visa outside of Australia, to be able to make a valid visa application on or after commencement of the Regulations;
- insert definitions of ASCO and ANZSCO and transition from the use of ASCO to ANZSCO in nomination criteria relating to the Subclass 442 (Occupational Trainee) and Subclass 457 (Business (Long Stay)) visas; and
- enable the Minister to refund the fee for nomination for the Subclass 457 – (Business (Long Stay)) visa where on or after 1 July 2010 the person nominates an occupation by reference to an ASCO code and withdraws the nomination for that reason before a decision is made.
Consultations
The following agencies or bodies were consulted about the introduction of the ANZSCO in skilled visa programs: the Australian Bureau of Statistics, the Department of Education, Employment and Workplace Relations, the Department of Infrastructure, Transport, Regional Development and Local Government, and skills assessing authorities. State and Territory governments were also consulted at the Commonwealth State Working Party on Skilled Migration forum. This included the Australian Capital Territory Chief Minister's Department, the New South Wales Department of State and Regional Development, the Northern Territory Department of Business and Employment, the Queensland Department of Employment, Economic Development and Innovation, the Tasmanian Department of Economic Development, Tourism and the Arts, and the South Australian Department of Trade and Economic Development.
The following agencies or bodies were consulted about the introduction of the new Skilled Occupation List for the General Skilled Migration program: the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Treasury, the Department of Finance and Deregulation, the Department of Agriculture, Fisheries and Forestry, the Attorney-General's Department, the Department of Education, Employment and Workplace Relations, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Resources, Energy and Tourism, the Australian Trade Commission, and skills assessing authorities.
Date of effect
Commenced on 1 July 2010
New Skilled Occupation List (SOL)
(FRLI Reference - F2010L01318)
Description of issue
A new legislative instrument was made under the Migration Regulations 1994 to specify a new list of eligible skilled occupations for the purposes of General Skilled Migration (GSM) visas.
The government replaced the old Skilled Occupation List (SOL) with a more targeted list of occupations to better meet the medium and long-term future skill needs of the Australian economy. The new SOL was based upon advice from ‘Skills Australia' and delivers a GSM program more focused on high-value skills across the professions and trades.
Consultations
The following agencies or bodies were consulted about the introduction of the new Skilled Occupation List for the General Skilled Migration program: the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Treasury, the Department of Finance and Deregulation, the Department of Agriculture, Fisheries and Forestry, the Attorney-General's Department, the Department of Education, Employment and Workplace Relations, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Resources, Energy and Tourism, and the Australian Trade Commission.
Date of effect
Commenced on 1 July 2010 and revoked by F2010L03154 effective 5 December 2010
New Skilled Occupation List (SOL)
(FRLI Reference - F2010LO3154)
Description of issue
The purpose of this Instrument is to specify the list of skilled occupations applicable to classes of persons, the bodies responsible for assessing an applicant's suitability for working in those skilled occupations in Australia and the countries for which they are the relevant assessing authorities, and the points available for each skilled occupation under a points assessment.
Consultations
The following agencies or bodies were consulted about the introduction of the new Skilled Occupation List for the General Skilled Migration program: the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Treasury, the Department of Finance and Deregulation, the Department of Agriculture, Fisheries and Forestry, the Attorney-General's Department, the Department of Education, Employment and Workplace Relations, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Resources, Energy and Tourism, and the Australian Trade Commission.
Date of effect
Commenced on 5 December 2010 and revoked by F2011LO1227 on 1 July 2011
Migration Amendment Regulations 2011(No.3)
(FRLI Reference - F2011L00966)
Description of issue
The purpose of the Regulations is to amend Migration Regulations 1994 (the Principal Regulations) to introduce a new points test for applicants for certain General Skilled Migration visas (GSM visas).
In particular, the Regulations amend the Principal Regulations to:
- amend several definitions relating to English language qualifications to clarify the time frame within which an English language test must have been conducted for the purposes of a visa application;
- increase the threshold English language requirement for applicants for a Subclass 475 (Skilled – Regional Sponsored) visa or a Subclass 487 (Skilled – Regional Sponsored) visa to provide consistency for English language qualifications across all GSM visas;
- place greater emphasis on skilled work experience in the requirements for the grant of GSM visas;
- prescribe qualifications and points under new Schedule 6C in respect of certain applicants for a GSM visa for which criteria require the applicant to receive a qualifying score when assessed under Subdivision B of Division 3 of Part 2 of the Act; and
- make a number of minor amendments that are consequential to the insertion of new Schedule 6C for the purposes of prescribing qualifications and points.
Consultations
Consultation regarding the General Points Test for GSM visas was conducted with Commonwealth Government Departments as part of an Interdepartmental Committee. Consulted departments include the Department of the Prime Minister and Cabinet, the Department of Finance and Deregulation, the Treasury, the Attorney-General's Department, the Department of Education, Employment and Workplace Relations, the Department of Foreign Affairs and Trade, the Department of Families, Housing, Community Services and Indigenous Affairs, the Department of Health and Aging, the Department of Innovation, Industry, Science and Research and each of the relevant assessing authorities (see regulation 2.26B in Division 2.6 of Part 2 to the Principal Regulations) prescribed for the purposes of a skilled occupation (see regulation 1.15I in Division 1.2 of Part 1 to the Principal Regulations) have been consulted regarding their roles in assessing an applicant's qualifications and relevant work experience.
Date of effect
1 July 2011
Part B – Planned regulatory activities
Activities which have taken effect in, or which are proposed for, the 2011/12 financial year.
Consequential Amendments arising out of the Strategic Review (the Knight Review)
Description of issue
It is anticipated that the Hon Michael Knight AO will recommend a number of fundamental changes to the student visa program that will include structural, legal, systems, policy, training, communication and compliance changes.
Consultations
It is anticipated that the following bodies will be consulted in regards to the change:
Department of Education and Employment and Workplace Relations, State and Territory education departments, the Department of Foreign Affairs and Trade, the Australian Trade Commission, Tertiary Education Quality and Standards Agency and National Vocational and Education Training.
Expected timetable
Implementation timeframes will depend upon external factors such as timing and decisions regarding the Government's whole of government approach to international education, the prepardeness of key stakeholders for change the length of any transitional provisions and the extent to which legislative changes can be priorities.
Date last modified
29 July 2011
Subclass 420 (Entertainment) visa
Description of issue
This item proposes to amend the Migration Regulations 1994 to implement the Australian Support Acts election commitment, which proposes to require, as part of the nomination criteria for the Subclass 420 visa, certain foreign music acts to engage a local support act.
Consultations
Extensive consultation with industry groups, trade unions and the Department of Sustainability, Environment, Water, Population and Communities will be undertaken to implement this proposal. Further, a Regulatory Impact Statement is currently being drafted by the Office for the Arts.
Expected timetable
The proposed changes are expected to commence in March 2012.
Date last modified
29 July 2011
Visa Simplification and Deregulation Project – Temporary Residence Work visas
Description of the Issue
The Better Regulation Ministerial Partnership: Visa Simplification is a joint initiative between the department and the Department of Finance and Deregulation. The Partnership was agreed to by Government in 2009 and aims to simplify the current visa arrangements by reducing the number of Temporary Residence Work visa subclasses by 50 per cent by 2012 and to target a 50 per cent reduction across all visas and visa subclasses by 2015.
A proposed model for the Temporary Residence Work Visa Framework was included in a public discussion paper released in December 2010. It proposes to reduce the number of Temporary Residence Work visa subclasses from 18 to nine.
Consultations
Consultation is ongoing, however, to date the following government departments; statutory authorities; peak bodies; state governments; employers and unions have been consulted about the proposed changes to the Temporary Work visas: Attorney-General's Department; Austrade; Australian Bureau of Statistics; Australian Human Rights Commission; Australian Nuclear Science and Technology Organisation; Administrative Review Council; Australian Taxation Office; Australian Tourism Export Council; Committee for Economic Development of Australia; Department of Agriculture, Fisheries and Forestry; Department of Defence; Department of Education, Employment and Workplace Relations; Department of Finance and Deregulation; Department of Foreign Affairs and Trade; Department of Health and Ageing; Department of Infrastructure and Transport; Department of Sustainability, Environment, Water, Population and Communities; Federation of Ethnic Communities' Councils of Australia; Migration Review Tribunal – Refugee Review Tribunal; Office of the Australian Information Commissioner; Tourism Australia; Australian Chamber of Commerce and Industry; Australian Council for Private Education and Training; Australian Meat Industry Council; Australian Petroleum Production and Exploration Association Limited; Business SA; Community Relations Commission; Consult Australia; Church of Jesus Christ and the Latter-day Saints; Engineers Australia; English Australia; Golf Australia; Housing Industry Association Limited; Live Performance Australia; Migration Institute Australia; Minerals Council of Australia; Music Council of Australia; NSW Business Chamber; NSW Rural Doctors Network; National Farmers' Federation; Sisters of the Good Samaritan; Unified Vietnamese Buddhist Congregation of Australia and New Zealand; Universities Australia; Village Roadshow; Youth with a Mission; ACT Chief Minister's Office; Department of Premier and Cabinet (WA); Department of Education and Early Childhood Development; NSW Department of Education and Training; Queensland Government; The Small Business Development Corporation (WA); Barwon Health and Colac Area Health; Capital Football; Fragomen; Global Interaction; Hamilton Watts International Migration Services; Holy Spirit Missionary Sisters; Melbourne Orthopaedic Group; Operation Mobilisation; Russell Kennedy Pty Ltd; Spry Roughley Services Pty Ltd; The University of Western Australia; Construction Forestry, Mining and Energy Union; and the Media, Entertainment and Arts Alliance.
Expected timetable
The proposed changes to Temporary Residence Work visas are expected to commence in 2012.
Date last modified
29 July 2011
Visa Simplification and Deregulation Project – Visitor visas
Description of issue
The Better Regulation Ministerial Partnership: Visa Simplification is a joint initiative between the department and the Department of Finance and Deregulation. The Partnership was agreed to by Government in 2009 and aims to simplify the current visa arrangements by reducing the number of Temporary Work visa subclasses by 50 per cent by 2012 and to target a 50 per cent reduction across all visas and visa subclasses by 2015.
A proposed Visitor visa model was included in a public discussion paper released in April 2011. It proposes to reduce the number of Visitor visa subclasses from nine to four.
Consultations
Consultation is ongoing, however, to date the following government departments; statutory authorities; peak bodies; state governments; employers and unions have been consulted about the proposed changes to the Visitor visas: Attorney-General's Department; Austrade; Australian Bureau of Statistics; Australian Human Rights Commission; Australian Nuclear Science and Technology Organisation; Administrative Review Council; Australian Taxation Office; Australian Tourism Export Council; Committee for Economic Development of Australia; Department of Agriculture, Fisheries and Forestry; Department of Defence; Department of Education, Employment and Workplace Relations; Department of Finance and Deregulation; Department of Foreign Affairs and Trade; Department of Health and Ageing; Department of Infrastructure and Transport; Department of Sustainability, Environment, Water, Population and Communities; Federation of Ethnic Communities' Councils of Australia; Migration Review Tribunal – Refugee Review Tribunal; Office of the Australian Information Commissioner; Tourism Australia; Australian Chamber of Commerce and Industry; Australian Council for Private Education and Training; Australian Meat Industry Council; Australian Petroleum Production and Exploration Association Limited; Business SA; Community Relations Commission; Consult Australia; Church of Jesus Christ and the Latter-day Saints; Engineers Australia; English Australia; Golf Australia; Housing Industry Association Limited; Live Performance Australia; Migration Institute Australia; Minerals Council of Australia; Music Council of Australia; NSW Business Chamber; NSW Rural Doctors Network; National Farmers' Federation; Sisters of the Good Samaritan; Unified Vietnamese Buddhist Congregation of Australia and New Zealand; Universities Australia; Village Roadshow; Youth with a Mission; ACT Chief Minister's Office; Department of Premier and Cabinet (WA); Department of Education and Early Childhood Development; NSW Department of Education and Training; Queensland Government; The Small Business Development Corporation (WA); Barwon Health and Colac Area Health; Capital Football; Fragomen; Global Interaction; Hamilton Watts International Migration Services; Holy Spirit Missionary Sisters; Melbourne Orthopaedic Group; Operation Mobilisation; Russell Kennedy Pty Ltd; Spry Roughley Services Pty Ltd; The University of Western Australia; Construction Forestry, Mining and Energy Union; and the Media, Entertainment and Arts Alliance.
Expected timetable
The proposed changes to Visitor visas are expected to commence in 2013.
Date last modified
29 July 2011
Rationalisation of Business Skills Visas – Visa Simplification and Deregulation project
Description of issue
The Better Regulation Ministerial Partnership: Visa Simplification is a joint initiative between the department and the Department of Finance and Deregulation. The Partnership was agreed to by Government in 2009 and aims to simplify the current visa arrangements by reducing the number of Temporary Work visa subclasses by 50 per cent by 2012 and to target a 50 per cent reduction across all visas and visa subclasses by 2015.
While the Business Skills visa program includes 13 visa subclasses, 94 per cent of the program is currently in state/territory government sponsored categories as opposed to independent categories.
Simplifying the Business Skills visa program includes the removal of certain visa subclasses and the incorporation of others. In particular, it is proposed that the simplification will remove the under-utilised independent visas and make all Business Skills visas state or territory government sponsored.
It is envisaged that the rationalisation of the overall visa framework will make the visa application process simpler and more efficient for clients.
Consultations
The following bodies have been, and will continue to be consulted throughout the implementation process; a selection of industry peak bodies, Registered Migration Agents; Attorney-General's Department; Department of Education, Employment and Workplace Relations; Department of the Prime Minister and Cabinet; Commonwealth Ombudsman; Department of Health & Ageing; Department of Infrastructure & Transport; Department of Families, Housing, Community Services and Indigenous Affairs; Department of Innovation, Industry and Research; Commonwealth State Working Party; Office of the Migration Agents Registration Authority; the Treasury; Department of Finance and Deregulation and Australian Taxation Office.
Expected timetable
It is anticipated that the rationalisation of the Business Skills visas will be implemented on 1 July 2012.
Date last modified
29 July 2011
Visa Simplification and Deregulation Project – Skilled Migration Changes (including the proposed Skilled Migrant Selection Model)
Description of issue
On 10 May 2011, the Minister for Immigration and Citizenship, Mr Chris Bowen MP, announced the introduction of the Skilled Migrant Selection Model (the Model), which compliments the suite of reforms to the skilled migration program implemented since early 2010.
The Model is intended to provide the Government with a greater ability to control how, when and by whom skilled migration visa applications are lodged. When implemented it will provide for maximum control and flexibility in the department’s skilled migration program. It is anticipated that the Model will also enable a better match between required program outputs and processing resources through identifying the best and brightest available migrants suited to addressing Australia’s genuine and unique labour force needs. The Model is also intended to provide an opportunity for employers to identify prospective migrants suitable to address specific skill shortages.
It is anticipated that the Model will be in place from 1 July 2012. As a consequence, prospective migrants seeking to apply for an independent, state or family sponsored skilled migration visa will be required to register an Expression of Interest via the online register.
It is proposed that where a prospective migrant seeks to lodge an Expression of Interest, they will be required to register a comprehensive suite of information about themselves and their claims for a skilled migration visa. Based on information submitted, and the relative strength of claims compared to others with a similar skill, the Australian Government will then issue invitations for these prospective migrants to apply for an independent or family sponsored visa. Prospective migrants with state nomination will also be invited to apply.
Consultations
The following bodies have been, and will continue to be consulted throughout the the Model implementation process; a selection of industry peak bodies, unions; Registered Migration Agents; Foreign Government Agencies, Education Agents, Education Sector, Students (past and present); Skills Assessment Authorities; Industry Bodies; potential sponsors and applicants for both General Skilled Migration and Employer Sponsored visas; Attorney-General's Department; Department. of Foreign Affairs and Trade; Department of Education, Employment and Workplace Relations; Department of the Prime Minister and Cabinet; Skills Australia; Commonwealth Ombudsman; Department of Innovation, Industry, and Research; State and Territory education/first minister's departments; Commonwealth State Working Party; Office of the Migration Agents Registration Authority; the Treasury; Austrade; Department of Finance and Deregulation and Australian Taxation Office.
Date of Effect
It is anticipated that the Model will be implemented on 1 July 2012.
Date last modified
29 July 2011