Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 F2018L00298 — as made — Status: Repealed — Made/registered 2018-03-17 — https://www.legislation.gov.au/F2018L00298/latest/text This is the as-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source. Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 I, Alan Tudge, Minister for Citizenship and Multicultural Affairs, make the following instrument. Dated  16 March 2018 The Hon Alan Tudge MP Minister for Citizenship and Multicultural Affairs Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Schedules 5 Definitions Part 2—Specification of occupations and assessing authorities for Subclass 186 visa 6 Specification of occupations and assessing authorities 7 Medium and Long‑term Strategic Skills List 8 Certain occupations do not apply to identified persons who are to work in certain positions 9 Assessing authorities Part 3—Application provisions 10 Application of this instrument 11 Continued application of IMMI 18/005 Schedule 1—Repeals Migration (IMMI 18/005: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 Part 1—Preliminary 1  Name  (1) This instrument is the Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018.  (2) This instrument may be cited as IMMI 18/049. 2  Commencement  (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1.  The whole of this instrument 18 March 2018. 18 March 2018 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.  (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3  Authority   This instrument is made under the following:  (a) paragraphs 5.19(8)(a) and (c) of the Migration Regulations 1994;  (b) subregulation 5.19(11) of the Migration Regulations 1994;  (c) paragraph 186.234(2)(a) of Schedule 2 to the Migration Regulations 1994. 4  Schedules   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 5  Definitions Note: A number of expressions used in this instrument are defined in the Regulations, including the following: (a) ANZSCO; (b) AUD.   In this instrument: identified person has the meaning given by paragraph 5.19(2)(c) of the Regulations. international trade obligation means an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country or other countries. limited service restaurant includes the following:  (a) a fast food or takeaway food service;  (b) a fast casual restaurant;  (c) a drinking establishment that offers only a limited food service;  (d) a limited service cafe, including a coffee shop or mall cafe;  (e) a limited service pizza restaurant. Medium and Long‑term Strategic Skills List means the table in subsection 7(1). nec is short for not elsewhere classified. Regulations means the Migration Regulations 1994. university lecturer includes a research associate and research fellow in a university. Part 2—Specification of occupations and assessing authorities for Subclass 186 visa 6  Specification of occupations and assessing authorities Occupations—Temporary Residence Transition stream  (1) For the purposes of paragraphs 5.19(8)(a) and (c) of the Regulations:  (a) an occupation mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of paragraph 5.19(5)(c) of the Regulations; and  (b) subject to section 8 of this instrument, the occupation applies to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item. Occupations—Direct Entry stream  (2) For the purposes of subregulation 5.19(11) of the Regulations:  (a) an occupation mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of subregulation 5.19(10) of the Regulations; and  (b) subject to section 8 of this instrument, the occupation applies to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item. Assessing authorities—Direct Entry stream  (3) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority mentioned in column 3 of an item of the Medium and Long‑term Strategic Skills List is the assessing authority for the occupation specified in column 1 of that item. 7  Medium and Long‑term Strategic Skills List  (1) The following table is the Medium and Long‑term Strategic Skills List. Medium and Long‑term Strategic Skills List Item Column 1 Occupation Column 2 ANZSCO code Column 3 Assessing authority Column 4 Inapplicability conditions (see section 8) 1 chief executive or managing director 111111 AIM 5 2 corporate general manager 111211 AIM 5 3 construction project manager 133111 VETASSESS 4 engineering manager 133211 (a) Engineers Australia; or (b) AIM 5 child care centre manager 134111 TRA 6 nursing clinical director 134212 ANMAC 7 primary health organisation manager 134213 VETASSESS 8 welfare centre manager 134214 ACWA 9 faculty head 134411 VETASSESS 10 chief information officer 135111 ACS 11 environmental manager 139912 VETASSESS 12 musician (instrumental) 211213 VETASSESS 13 accountant (general) 221111 (a) CPAA; or (b) IPA; or (c) CAANZ 6, 19, 21 14 management accountant 221112 (a) CPAA; or (b) IPA; or (c) CAANZ 6, 19, 21 15 taxation accountant 221113 (a) CPAA; or (b) IPA; or (c) CAANZ 6, 19, 21 16 external auditor 221213 (a) CPAA; or (b) IPA; or (c) CAANZ 17 internal auditor 221214 VETASSESS 18 actuary 224111 VETASSESS 19 statistician 224113 VETASSESS 20 economist 224311 VETASSESS 21 land economist 224511 VETASSESS 22 valuer 224512 VETASSESS 23 management consultant 224711 VETASSESS 19, 21, 23 24 architect 232111 AACA 25 landscape architect 232112 VETASSESS 26 surveyor 232212 SSSI 27 cartographer 232213 VETASSESS 28 other spatial scientist 232214 VETASSESS 29 chemical engineer 233111 Engineers Australia 30 materials engineer 233112 Engineers Australia 31 civil engineer 233211 Engineers Australia 32 geotechnical engineer 233212 Engineers Australia 33 quantity surveyor 233213 AIQS 34 structural engineer 233214 Engineers Australia 35 transport engineer 233215 Engineers Australia 36 electrical engineer 233311 Engineers Australia 37 electronics engineer 233411 Engineers Australia 38 industrial engineer 233511 Engineers Australia 39 mechanical engineer 233512 Engineers Australia 40 production or plant engineer 233513 Engineers Australia 41 mining engineer (excluding petroleum) 233611 Engineers Australia 42 petroleum engineer 233612 Engineers Australia 43 aeronautical engineer 233911 Engineers Australia 44 agricultural engineer 233912 Engineers Australia 45 biomedical engineer 233913 Engineers Australia 46 engineering technologist 233914 Engineers Australia 47 environmental engineer 233915 Engineers Australia 48 naval architect 233916 Engineers Australia 49 engineering professionals (nec) 233999 Engineers Australia 50 agricultural consultant 234111 VETASSESS 51 agricultural scientist 234112 VETASSESS 52 forester 234113 VETASSESS 53 chemist 234211 VETASSESS 54 food technologist 234212 VETASSESS 55 environmental consultant 234312 VETASSESS 56 environmental research scientist 234313 VETASSESS 57 environmental scientists (nec) 234399 VETASSESS 58 geophysicist 234412 VETASSESS 59 hydrogeologist 234413 VETASSESS 60 life scientist (general) 234511 VETASSESS 61 biochemist 234513 VETASSESS 62 biotechnologist 234514 VETASSESS 63 botanist 234515 VETASSESS 64 marine biologist 234516 VETASSESS 65 microbiologist 234517 VETASSESS 66 zoologist 234518 VETASSESS 67 life scientists (nec) 234599 VETASSESS 68 medical laboratory scientist 234611 AIMS 69 veterinarian 234711 AVBC 70 conservator 234911 VETASSESS 71 metallurgist 234912 VETASSESS 72 meteorologist 234913 VETASSESS 73 physicist 234914 See subsection (2) 74 natural and physical science professionals (nec) 234999 VETASSESS 75 early childhood (pre‑primary school) teacher 241111 AITSL 76 secondary school teacher 241411 AITSL 77 special needs teacher 241511 AITSL 78 teacher of the hearing impaired 241512 AITSL 79 teacher of the sight impaired 241513 AITSL 80 special education teachers (nec) 241599 AITSL 81 university lecturer 242111 VETASSESS 82 medical diagnostic radiographer 251211 ASMIRT 83 medical radiation therapist 251212 ASMIRT 84 nuclear medicine technologist 251213 ANZSNM 85 sonographer 251214 ASMIRT 86 optometrist 251411 OCANZ 87 orthotist or prosthetist 251912 AOPA 88 chiropractor 252111 CCEA 89 osteopath 252112 AOAC 90 occupational therapist 252411 OTC 91 physiotherapist 252511 APC 92 podiatrist 252611 (a) APodA; or (b) ANZPAC 93 audiologist 252711 VETASSESS 94 speech pathologist 252712 SPA 95 general practitioner 253111 MedBA 96 specialist physician (general medicine) 253311 MedBA 97 cardiologist 253312 MedBA 98 clinical haematologist 253313 MedBA 99 medical oncologist 253314 MedBA 100 endocrinologist 253315 MedBA 101 gastroenterologist 253316 MedBA 102 intensive care specialist 253317 MedBA 103 neurologist 253318 MedBA 104 paediatrician 253321 MedBA 105 renal medicine specialist 253322 MedBA 106 rheumatologist 253323 MedBA 107 thoracic medicine specialist 253324 MedBA 108 specialist physicians (nec) 253399 MedBA 109 psychiatrist 253411 MedBA 110 surgeon (general) 253511 MedBA 111 cardiothoracic surgeon 253512 MedBA 112 neurosurgeon 253513 MedBA 113 orthopaedic surgeon 253514 MedBA 114 otorhinolaryngologist 253515 MedBA 115 paediatric surgeon 253516 MedBA 116 plastic and reconstructive surgeon 253517 MedBA 117 urologist 253518 MedBA 118 vascular surgeon 253521 MedBA 119 dermatologist 253911 MedBA 120 emergency medicine specialist 253912 MedBA 121 obstetrician and gynaecologist 253913 MedBA 122 ophthalmologist 253914 MedBA 123 pathologist 253915 MedBA 124 diagnostic and interventional radiologist 253917 MedBA 125 radiation oncologist 253918 MedBA 126 medical practitioners (nec) 253999 MedBA 127 midwife 254111 ANMAC 128 nurse practitioner 254411 ANMAC 129 registered nurse (aged care) 254412 ANMAC 130 registered nurse (child and family health) 254413 ANMAC 131 registered nurse (community health) 254414 ANMAC 132 registered nurse (critical care and emergency) 254415 ANMAC 133 registered nurse (developmental disability) 254416 ANMAC 134 registered nurse (disability and rehabilitation) 254417 ANMAC 135 registered nurse (medical) 254418 ANMAC 136 registered nurse (medical practice) 254421 ANMAC 137 registered nurse (mental health) 254422 ANMAC 138 registered nurse (perioperative) 254423 ANMAC 139 registered nurse (surgical) 254424 ANMAC 140 registered nurse (paediatrics) 254425 ANMAC 141 registered nurses (nec) 254499 ANMAC 142 ICT business analyst 261111 ACS 143 systems analyst 261112 ACS 144 multimedia specialist 261211 ACS 145 analyst programmer 261311 ACS 146 developer programmer 261312 ACS 147 software engineer 261313 ACS 148 software and applications programmers (nec) 261399 ACS 149 ICT security specialist 262112 ACS 150 computer network and systems engineer 263111 ACS 151 telecommunications engineer 263311 Engineers Australia 152 telecommunications network engineer 263312 Engineers Australia 153 barrister 271111 A legal admissions authority of a State or Territory 154 solicitor 271311 A legal admissions authority of a State or Territory 155 clinical psychologist 272311 APS 156 educational psychologist 272312 APS 157 organisational psychologist 272313 APS 158 psychologists (nec) 272399 APS 159 social worker 272511 AASW 160 civil engineering draftsperson 312211 (a) Engineers Australia; or (b) VETASSESS 161 civil engineering technician 312212 VETASSESS 162 electrical engineering draftsperson 312311 Engineers Australia 163 electrical engineering technician 312312 TRA 164 radio communications technician 313211 TRA 165 telecommunications field engineer 313212 Engineers Australia 166 telecommunications technical officer or technologist 313214 Engineers Australia 167 automotive electrician 321111 TRA 168 motor mechanic (general) 321211 TRA 169 diesel motor mechanic 321212 TRA 170 motorcycle mechanic 321213 TRA 171 small engine mechanic 321214 TRA 172 sheetmetal trades worker 322211 TRA 173 metal fabricator 322311 TRA 174 welder (first class) 322313 TRA 175 fitter (general) 323211 TRA 176 fitter and turner 323212 TRA 177 fitter‑welder 323213 TRA 178 metal machinist (first class) 323214 TRA 179 locksmith 323313 TRA 180 panelbeater 324111 TRA 181 bricklayer 331111 TRA 182 stonemason 331112 TRA 183 carpenter and joiner 331211 TRA 184 carpenter 331212 TRA 185 joiner 331213 TRA 186 painting trades worker 332211 TRA 187 glazier 333111 TRA 188 fibrous plasterer 333211 TRA 189 solid plasterer 333212 TRA 190 wall and floor tiler 333411 TRA 191 plumber (general) 334111 TRA 192 airconditioning and mechanical services plumber 334112 TRA 193 drainer 334113 TRA 194 gasfitter 334114 TRA 195 roof plumber 334115 TRA 196 electrician (general) 341111 TRA 197 electrician (special class) 341112 TRA 198 lift mechanic 341113 TRA 199 airconditioning and refrigeration mechanic 342111 TRA 200 technical cable jointer 342212 TRA 201 electronic equipment trades worker 342313 TRA 202 electronic instrument trades worker (general) 342314 TRA 203 electronic instrument trades worker (special class) 342315 TRA 204 chef 351311 TRA 7, 8 205 horse trainer 361112 TRA 206 cabinetmaker 394111 TRA 207 boat builder and repairer 399111 TRA 208 shipwright 399112 TRA Note: For the meaning of the expressions in column 3, see section 9.  (2) The assessing authority for:  (a) a physicist (other than a medical physicist) is VETASSESS; and  (b) a medical physicist is ACPSEM. 8  Certain occupations do not apply to identified persons who are to work in certain positions   For the purposes of paragraph 5.19(8)(c) and subregulation 5.19(11) of the Regulations, an occupation does not apply to an identified person if:  (a) the occupation is mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List; and  (b) column 4 (inapplicability conditions) of that item mentions one or more numbers; and  (c) the item of the following table with that number, or an item of the following table with one of those numbers, applies to the position in which the identified person is to work. Positions for which occupation is inapplicable Item Position 1 The position does not require a minimum of 2 years’ relevant work experience. 2 The position has nominated annual earnings of less than AUD65,000. 3 (a) the position has nominated annual earnings of less than AUD65,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. 4 (a) the position has nominated annual earnings of less than AUD80,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. 5 (a) the position has nominated annual earnings of less than AUD180,001; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. 6 The position is a clerical, bookkeeper or accounting clerk position. 7 The position is involved in mass production in a factory setting. 8 The position is in a limited service restaurant. 9 The position predominantly involves responsibility for low‑skilled tasks. Example 1: Rostering, maintaining records, reception duties and allocating duties to housekeepers, porters or doorpersons. Example 2: Fruit picking or packing or feeding of livestock or animals. Example 3: Truck driving. 10 The position is not located in regional Australia (within the meaning of subregulation 5.19(16) of the Regulations). 11 The position: (a) is based in a front‑line retail setting; or (b) predominantly involves direct client transactional interaction on a regular basis. 12 The position: (a) is not a full‑time position; or (b) is not based in a therapeutic setting; or (c) involves the provision of non‑medical relaxation massage; or (d) is in a retail setting. 13 The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks. 14 The position: (a) is not located in a commercial building or shopping centre environment; or (b) predominantly involves managing the provision of only one particular service to a facility or managing one particular relationship. Example:  Managing the cleaning contract for a facility but not other contracts relevant to the facility. 15 The position: (a) is based in a front‑line retail setting; or (b) is based in a call centre and does not require a significant technical knowledge of products; or (c) predominantly involves selling educational courses to individual students. 16 The position relates to mobile phone repairs. 17 The position relates to mass or standardised production (as opposed to specialist production), including the following: (a) a position based in a franchise or factory; (b) a position that: (i) involves full or partial production of food product for distribution to another location; or (ii) predominantly involves the use of pre‑prepared food product from another location. 18 The position relates to animal husbandry, including caring for livestock on a farm. 19 The position is in a business that has an annual turnover of less than AUD1,000,000. 20 (a) the position is in a business that has an annual turnover of less than AUD1,000,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. 21 The position is in a business that has fewer than 5 employees. 22 (a) the position is in a business that has fewer than 5 employees; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. 23 The position has nominated annual earnings of less than AUD90,000. 9  Assessing authorities   For the purposes of column 3 of the Medium and Long‑term Strategic Skills List, an expression mentioned in column 1 of an item of the following table is short for the expression mentioned in column 2 of that item. Assessing authorities Item Column 1 This expression … Column 2 is short for … 1 AACA Architects Accreditation Council of Australia Inc. 2 AASW Australian Association of Social Workers 3 ACPSEM Australasian College of Physical Scientists and Engineers in Medicine 4 ACS Australian Computer Society 5 ACWA Australian Community Workers Association 6 ADC Australian Dental Council 7 AIM Australian Institute of Management 8 AIMS Australian Institute of Medical Scientists 9 AIQS Australian Institute of Quantity Surveyors 10 AITSL Australian Institute for Teaching and School Leadership 11 AMSA Australian Maritime Safety Authority 12 ANMAC Australian Nursing & Midwifery Accreditation Council Limited 13 ANZPAC Australian and New Zealand Podiatry Accreditation Council Inc. 14 ANZSNM Australian and New Zealand Society of Nuclear Medicine 15 AOAC Australasian Osteopathic Accreditation Council Note: AOAC was previously known as the Australian and New Zealand Osteopathic Council. 16 AOPA Australian Orthotic Prosthetic Association 17 APC Australian Physiotherapy Council 18 APharmC Australian Pharmacy Council 19 APodA Australian Podiatry Association Note: APodA was previously known as the Australian Podiatry Council. 20 APS Australian Psychological Society 21 ASMIRT Australian Society of Medical Imaging and Radiation Therapy Note: ASMIRT was previously known as the Australian Institute of Radiography. 22 AVBC Australasian Veterinary Boards Council Inc. 23 CAANZ Chartered Accountants Australia and New Zealand Note: CAANZ was previously known as the Institute of Chartered Accountants of Australia. 24 CASA Civil Aviation Safety Authority 25 CCEA Council on Chiropractic Education Australasia Limited 26 CPAA CPA Australia Ltd 27 DAA Dietitians Association of Australia 28 Engineers Australia Institution of Engineers Australia 29 IPA Institute of Public Accountants 30 MedBA Medical Board of Australia 31 NAATI National Accreditation Authority for Translators and Interpreters 32 OCANZ Optometry Council of Australia and New Zealand 33 OTC Occupational Therapy Council (Australia and New Zealand) Limited 34 SPA Speech Pathology Australia 35 SSSI Surveying and Spatial Sciences Institute 36 TRA Trades Recognition Australia Part 3—Application provisions 10  Application of this instrument   This instrument applies in relation to the following:  (a) an application for approval of a nomination made on or after 18 March 2018;  (b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made on or after 18 March 2018 if the related application for approval of a nomination is made on or after that date. 11  Continued application of IMMI 18/005   Despite the repeal of the Migration (IMMI 18/005: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018, that instrument (as in force immediately before 18 March 2018) continues to apply in relation to the following:  (a) an application for approval of a nomination made before 18 March 2018;  (b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made on or after 17 January 2018 if the related application for approval of a nomination was made on or after that day but before 18 March 2018. Note: Paragraph (a) is consistent with subclause 6705(1) of Schedule 13 to the Regulations. Schedule 1—Repeals Migration (IMMI 18/005: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 1  The whole of the instrument Repeal the instrument.