Federal Register of Legislation - Australian Government

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Specifications as made
This instrument specifies that a person is taken to have functional English if they are assessed in accordance with subsection 5(2) of the Migration Act 1958 as having functional English in respect to a visa grant, or, are assessed under the Australian Core Skills Framework to have a Level 3 proficiency or above across the core skills of skills of reading, writing, learning and oral communication.
Administered by: Home Affairs
Registered 22 Jun 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017

Commonwealth Coat of Arms

 

 

Immigration (Education) (Functional English) Specification 2017

Immigration (Education) Act 1971

I, KAREN ANDREWS, Assistant Minister for Vocational Education and Skills, make this instrument under subsection 3(2) of the Immigration (Education) Act 1971.

Dated                          29 May 2017

 

 

KAREN ANDREWS

Assistant Minister for Vocational Education and Skills

 

 

  

  

  


1  Name of instrument

                   This instrument is the Immigration (Education) (Functional English) Specification 2017

2  Commencement

                   This instrument commences on 1 July 2017.

3  Authority

                   This instrument is made under subsection 3(2) of the Immigration (Education) Act 1971.

4  Definition

                   In this instrument:

the Act means the Immigration (Education) Act 1971.

5  Revocation

The instrument registered on the Federal Register of Legislation as, IMMI 10/057, also known as Procedures or Standards for Functional English, made on 8 December 2010 (F2010L03242) is revoked.

6  Savings provision

For the avoidance of doubt, if:

                     (a)  a provider of an approved English course has, prior to the commencement of this instrument, determined in accordance with the standards and procedures specified by IMMI 10/057, that a person has functional English, that determination continues to have effect; and

                     (b)  any determination made by a provider of an approved English course, after the date of commencement of this instrument, must be made in accordance with the procedures and standards specified in this instrument.

 

 

 

  Procedures or standards for determining that a person has functional English

            For the purposes of the definition of functional English in subsection 3(1) of the Act, I specify that:

(a)        if, in order to be granted a visa, a person has been assessed as                        having functional English:

            (i)         in accordance with a test; or

            (ii)        following the provision of evidence;

            in the form as may be required from time to time by operation                       of subsection 5(2) of the Migration Act 1958; or

             (b)       where paragraph 7(a) of this instrument does not apply and the person has been assessed as having achieved Level 3 proficiency or above under the Australian Core Skills Framework (as in force or existing from time to time) across each of the core skills of learning, reading, writing and oral communication;

the person is taken to have functional English.