Federal Register of Legislation - Australian Government

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IMMI 12/019 Specifications as made
This instrument specifies Vocational Education Training and Assessment Services as an assessing authority.
Administered by: Home Affairs
Registered 21 Jun 2012
Tabling HistoryDate
Tabled HR25-Jun-2012
Tabled Senate25-Jun-2012
Date of repeal 01 Oct 2022
Repealed by Sunsetting

EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

SPECIFICATION OF AN ASSESSING BODY

FOR CERTAIN EDUCATIONAL QUALIFICATIONS

(Paragraphs 6C76(b) and 2.26AC(5)(b))

 

1.                  This Instrument is made under paragraphs 6C76(b) and 2.26AC(5)(b) of the Migration Regulations 1994 (‘the Regulations’).

2.                  This Instrument revokes Instrument number IMMI 11/037 signed on 16 June 2011. The change is necessary for the implementation of the SkillSelect online system.

 

3.                  Paragraph 6C76(b) of the Regulations provides that the Minister must be satisfied that a doctorate or bachelor degree or other qualification is of a recognised standard and has been recognised by another body, specified by the Minister in an instrument in writing.

 

4.                  Paragraph 2.26AC(5)(b) of the Regulations provides that, when determining whether an educational qualification is of a recognised standard, the Minister must have regard to whether the educational qualification is recognised by a body specified by the Minister in an instrument in writing.

 

5.                  The purpose of the Instrument is to specify organisations who are suitable to assess educational qualifications relating to applications for Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class) VF) and Skilled (Residence) (Class VB), Skilled – Independent (Permanent) Class SI), skilled – Nominated (Permanent) (Class SN) and Skilled – Regional Sponsored (Provisional) (Class SP) visas.

 

6.                  The Instrument operates to provide for applicants who are claiming points for higher qualifications which may be unrelated to their skilled occupation to have their qualifications assessed by VETASSESS.

 

6.         Consultation was undertaken with VETASSESS in relation to overseas educational qualification assessments.

 

 

7.         The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 11343 and 13150).

8.         Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.

 

9.         This Instrument number IMMI 12/019, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Legislative Instrument number IMMI 12/019, relating to assessment of educational qualifications by Vocational Education Training and Assessment Services (‘VETASSESS’). 

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Legislative Instrument, made under paragraphs 6C76(b) and 2.26AC(5)(b) of the Migration Regulations 1994 (‘the Regulations’), relates to the assessment of educational qualifications.

 

The instrument provides that for the purposes of determining whether an educational qualification is of a recognised standard (a requirement of paragraphs 6C76(b) and 2.26AC(5)(b) of the Regulations) VETASSESS may assess the applicant’s qualifications. 

 

Such assessments are undertaken for applicants for Skilled (Migrant) (Class VE), Skilled (Provisional) (Class VC), Skilled (Provisional) (Class VF), Skilled (Residence) (Class VB), Skilled – Independent (Permanent) (Class SI), Skilled - Nominated (Permanent) (Class SN) and Skilled – Regional Sponsored (Provisional) (Class SP) visas. 

 

Human rights implications

 

As this Legislative Instrument is confined to specifying VETASSESS as the organisation to conduct assessment of educational qualifications, this Legislative Instrument does not engage any of the applicable rights or freedoms under the seven key international human rights treaties.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Chris Bowen, Minister for Immigration and Citizenship