Skills Assessment Amendment on Minister's Powers

What are the Migration Amendment (Skills Assessing Authorities) Regulations 2024?

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 amend the Migration Regulations 1994 to clarify the powers of the Skills Assessment Minister (Minister for Skills and Training) regarding Assessing Authorities that conduct skills assessments for various occupations. 

What new powers does the Skills Assessment Minister have? 

The Skills Assessment Minister has been granted several key powers, including: 

• Discretionary Approval: 

  • The Minister can approve a person or body as an Assessing Authority for specific occupations in one or more countries if deemed suitable. 

  • The Minister can impose conditions on the approval of the Assessing Authority. 

• Written Notice Requirement: 

  • After approval, the Minister must provide written notice to both the approved Assessing Authority and the Immigration Minister, detailing the decision, reasons, and any imposed conditions. 

• Modification of Conditions: 

  • The Minister can impose, vary, or remove conditions on existing approvals based on actions taken by the Assessing Authority after the decision comes into effect. 

• Consultation with the Immigration Minister: 

  • Before exercising powers to impose, vary, or remove conditions, the Skills Assessment Minister must seek the agreement of the Immigration Minister. 

• Revocation of Approval: 

  • The Minister can revoke the approval of an Assessing Authority if: 

    • The Assessing Authority is no longer considered suitable. 

    • There has been a breach of conditions. 

    • Another person or body is deemed more suitable. 

  • Consultation with the Immigration Minister is required before revocation. 

• Right to Reconsideration: 

  • If approval is revoked, the Assessing Authority receives a written notice with reasons for the decision and has the right to internal reconsideration and merits review by the Administrative Appeals Tribunal (AAT). 

What is the impact of the new regulations on existing Assessing Authorities? 

• The regulations will not operate retrospectively. Any approval of an Assessing Authority in force before 14 December 2024 will continue. 

• The powers to revoke approval or impose conditions will only apply to actions or inactions by the Assessing Authority occurring after this date. 

How do these Skills Assessment regulations affect visa applicants? 

The regulations clarify that applicants seeking to satisfy the primary criteria for certain work visa subclasses (including subclasses Skilled Independent Visa (Subclass 189), Skilled Nominated Visa (Subclass 190), Skilled Regional (Provisional) Visa (Subclass 489), Skills in Demand Visa (SID) (Subclass 482), Skilled Work Regional (Provisional) visa (subclass 491), Skilled Employer Sponsored Regional visa (Subclass 494), Temporary Graduate (Subclass 485) visa, and Employer Nomination Scheme (Subclass 186)) must: 

• Nominate a skilled occupation. 

• Declare that their skills have been assessed as suitable by the relevant Assessing Authority for that occupation. 

• Specifically, note that the assessment does not apply to the Temporary Graduate (Subclass 485) visa. 

When do these regulations come into effect? 

The regulations will commence on 14 December 2024. 

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 enhance the powers of the Skills Assessment Minister, ensuring a more structured and accountable process for skills assessments within Australia’s migration framework. These changes aim to improve the integrity and effectiveness of skills assessments, ultimately benefiting both visa applicants and the Australian labour market. 

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How Can Agape Henry Crux Help

Reach out to Agape Henry Crux on which occupation and which assessing body may be the most appropriate for your next work visa pathway. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.