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LIN 21/012 Other as made
This instrument specifies the procedures or standards for an approved English language provider to determine whether a migrant in Australia has ‘vocational English’ for the purposes of the definition of 'vocational English' in subsection 3(1) of the Immigration (Education) Act 1971.
Administered by: Home Affairs
Registered 19 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021

Commonwealth Coat of Arms

LIN 21/012

I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 3(2) of the Immigration (Education) Act 1971 (the Act).

Dated 19 April 2021

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

 


1          Name

                 This instrument is the Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021.

2          Commencement

                 This instrument commences on the later of:

(a)   the day after registration; and

(b)   immediately after the commencement of Schedule 1 of the Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020.

3          Repeal

                 Immigration (Education) (Functional English) Specification 2017 (F2017L00720) is repealed.

4          Procedures or standards for determining that a person has vocational English

        (1)     For the definition of vocational English in subsection 3(1) of the Act, a person has vocational English if a provider of an approved English course determines that the person meets or exceeds one of the following standards:

(a)   at least Level 3 proficiency in each of the four core skills of learning, reading, writing and oral communication under the Australian Core Skills Framework; or

(b)   an average score of at least 5.5 in an International English Language Testing System test, based on the four test components of speaking, reading, writing and listening; or

(c)   a total band score of at least 46 in a Test of English as a Foreign Language internet-based Test, based on the four test components of speaking, reading, writing and listening; or

(d)   a total band score of at least 162 in a Cambridge C1 Advanced Test, based on the four test components of speaking, reading, writing and listening; or

(e)   a total band score of at least 42 in a Pearson Test of English Academic, based on the four test components of speaking, reading, writing and listening; or

(f)    at least B for each of the four test components of speaking, reading, writing and listening in an Occupational English Test. 

        (2)     A reference to a test in subsection (1) is a reference to the test as in force or existing from time to time. 

Note          Despite subsection 14(2) of the Legislation Act 2003, a reference to a test in force or existing from time to time is permitted under subsection 3(3) of the Act.