Professional Documents
Culture Documents
EXPLANATORY STATEMENT
(regulation 1.03; subregulation 1.15I(1); subregulation 2.26B(1); subitem 1137(4C) of Schedule 1; item 4 of
the table in subitem 1138(4) of Schedule 1; paragraph 1229(3)(k) of Schedule 1; and item 4 of the table in
subitem 1230(4) of Schedule 1)
2. The instrument repeals the Migration (IMMI 18/051: Specification of Occupations and
Assessing Authorities) Instrument 2017 (the old law) in accordance with subsection
33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states
that where an Act confers a power to make, grant or issue any instrument of a legislative
or administrative character, the power shall be construed as including a power
exercisable in the like manner and subject to the like conditions (if any) to repeal,
rescind, revoke, amend, or vary any such instrument.
3. The instrument operates to specify the skilled occupations and assessing authorities
applicable to a person:
b. who applied for a Subclass 485 (Temporary Graduate) (Subclass 485)) visa; or
4. The specified occupations are allocated to three different skilled occupations lists being:
1
LIN 19/051
6. Specifically, changes from the old law in the instrument are as follows:
2
LIN 19/051
c. The restriction on the following occupations on the MLTSSL, which were only
applicable to certain persons in the old law, are applicable to all persons
mentioned at paragraph 3 above:
3
LIN 19/051
4
LIN 19/051
f. The following assessing authorities have made changes which are reflected in
the instrument:
i. Family Support Worker from VETASSESS to ACWA
ii. Residential Care Officer from VETASSESS to ACWA
iii. Disabilities Services Officer from VETASSESS to ACWA
iv. Podiatrist from APodA or ANZPAC to ANZPAC
g. Ensuring the name of the following assessing authorities match those registered
with the Australian Securities and Investments Commission (ASIC):
i. Architects Accreditation Council of Australia Inc to Architects
Accreditation Council of Australia
ii. Australian Association of Social Workers to Australian Association of
Social Workers Limited
iii. Australian Computer Society to Australian Computer Society
Incorporated
iv. Australian Community Workers Association to Australian Community
Workers Association Inc.
v. Australian Dental Council to Australian Dental Council Limited
vi. Australian Institute of Quantity Surveyors to The Australian Institute of
Quantity Surveyors
vii. Australian Institute for Teaching and School Leadership to Australian
Institute for Teaching and School Leadership Limited
viii. Australian and New Zealand Podiatry Accreditation Council Inc. to
Australian and New Zealand Podiatry Accreditation Council Limited
ix. Australasian Osteopathic Accreditation Council to Australasian
Osteopathic Accreditation Council Limited
5
LIN 19/051
6
LIN 19/051
9. The application provision in section 13 of Part 3 to the instrument provides that, despite
its repeal, the old law continues to apply to persons who are issued invitations to apply
by the Department or have made applications (as the case may be) after 18 March 2018
but before the commencement of the instrument. This ensures that the proposed changes
to the skilled occupations lists and assessing authorities do not affect those persons who
have been issued an invitation to apply for a Subclass 189, 190, 489 visa or have applied
for a Subclass 485 visa before the commencement date.
10. Consultation was undertaken before the instrument was made with the Department of
Jobs and Small Business. The Department of Jobs and Small Business conducted a
review of the skilled migration occupation lists. The review included receiving public
submissions, meetings with employers and industry peak bodies and inter-departmental
committee meetings.
11. A Regulation Impact Statement has been prepared in accordance with advice from the
Office of Best Practice Regulation (OBPR). The OBPR Reference number is 23806.
12. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015,
the instrument is exempt from disallowance and therefore a Statement of Compatibility
with Human Rights is not required.
13. The instrument commences on the day after registration on the Federal Register of
Legislation.