Legislative instrument

Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018

Status: Repealed
Made / registered: 2018-03-17
Register ID: F2018L00298

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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Note: This table relates only to the provisions of this instrument as originally made.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;

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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;

(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

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.