Legislative instrument

Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019

Status: Repealed
Made / registered: 2019-03-10
Register ID: F2019L00275

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Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019

I, David Coleman, Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.

Dated 5 March 2019

David Coleman

Minister for Immigration, Citizenship and Multicultural Affairs

Contents

Part 1—Introduction

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

Part 2—Specification of occupations and assessing authorities

6 Specification of occupations and assessing authorities

7 Medium and Long‑term Strategic Skills List

8 Determining whether certain occupations apply to an identified person

9 Assessing authorities

Part 3—Application and savings provisions

10 Application of this instrument

11 Continued application of IMMI 18/049

Schedule 1—Repeals

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

Part 1—Introduction

1 Name

(1) This instrument is the Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019.

(2) This instrument may also be cited as LIN 19/049.

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	The day after this instrument is registered.	11 March 2019

Note: This table relates only to the provisions of this instrument as originally made.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) subregulation 5.19(8) of the Migration Regulations 1994;

(b) subregulation 5.19(11) of the Migration Regulations 1994;

4 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:

health workforce certificate means a certificate that:

(a) sets out:

(i) the name and date of birth of an identified person; and

(ii) the position in relation to which the person is an identified person; and

(iii) the location of that position; and

(b) specifies one of the following occupations:

(i) general practitioner;

(ii) resident medical officer;

(iii) medical practitioners (nec); and

(i) NSW Rural Doctors Network Ltd (ABN 52 081 388 810);

(ii) Rural Workforce Agency, Victoria Limited (ABN 31 081 163 519);

(iii) Health Workforce Queensland Ltd (ABN 81 065 574 996);

(iv) Western Australian Centre for Remote and Rural Medicine Ltd (ABN 29 123 188 367);

(v) Rural Doctors Workforce Agency Incorporated (ABN 68 063 926 518);

(vi) General Practice Workforce Inc (ABN 33 922 612 254);

(vii) Health Network Northern Territory Ltd (ABN 17 158 970 480);

(viii) the Department administered by the Minister administering Part II of the Health Insurance Act 1973.

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: see subsection 7(1).

nec is short for not elsewhere classified.

Regulations means the Migration Regulations 1994.

university lecturer includes the following:

(a) a research associate in a university;

(b) a research fellow in a university.

5 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.

Part 2—Specification of occupations and assessing authorities

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 listed 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 subsection (3), 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 listed 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

Exceptions

(3) However, if:

(a) a number is listed in column 4 of an item of the Medium and Long‑term Strategic Skills List; and

(b) the circumstances set out in column 1 of the table in section 8 of this instrument corresponding to the number so listed apply to the position in which the identified person is to work;

the occupation listed in column 1 of the item of the Medium and Long‑term Strategic Skills List does not apply to the identified person.

Assessing authorities—Direct Entry stream

(4) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority listed in column 3 of an item of the Medium and Long‑term Strategic Skills List is the assessing authority for the occupation listed in column 1 of the item.

Note: Clause 186.234 of Schedule 2 to the Regulations sets out criteria that apply only in relation to the Direct Entry stream for the Subclass 186 visa.

7 Medium and Long‑term Strategic Skills List

(1) The occupations set out in the following table are 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 Applicable circumstances (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	arts administrator or manager	139911	VETASSESS
12	environmental manager	139912	VETASSESS
13	dancer or choreographer	211112	VETASSESS
14	music director	211212	VETASSESS
15	musician (instrumental)	211213	VETASSESS
16	artistic director	212111	VETASSESS
17	accountant (general)	221111	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
18	management accountant	221112	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
19	taxation accountant	221113	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
20	external auditor	221213	(a) CPAA; or (b) IPA; or (c) CAANZ
21	internal auditor	221214	VETASSESS
22	actuary	224111	VETASSESS
23	statistician	224113	VETASSESS
24	economist	224311	VETASSESS
25	land economist	224511	VETASSESS
26	valuer	224512	VETASSESS
27	management consultant	224711	VETASSESS	19, 21, 23
28	architect	232111	AACA
29	landscape architect	232112	VETASSESS
30	surveyor	232212	SSSI
31	cartographer	232213	VETASSESS
32	other spatial scientist	232214	VETASSESS
33	chemical engineer	233111	Engineers Australia
34	materials engineer	233112	Engineers Australia
35	civil engineer	233211	Engineers Australia
36	geotechnical engineer	233212	Engineers Australia
37	quantity surveyor	233213	AIQS
38	structural engineer	233214	Engineers Australia
39	transport engineer	233215	Engineers Australia
40	electrical engineer	233311	Engineers Australia
41	electronics engineer	233411	Engineers Australia
42	industrial engineer	233511	Engineers Australia
43	mechanical engineer	233512	Engineers Australia
44	production or plant engineer	233513	Engineers Australia
45	mining engineer (excluding petroleum)	233611	Engineers Australia
46	petroleum engineer	233612	Engineers Australia
47	aeronautical engineer	233911	Engineers Australia
48	agricultural engineer	233912	Engineers Australia
49	biomedical engineer	233913	Engineers Australia
50	engineering technologist	233914	Engineers Australia
51	environmental engineer	233915	Engineers Australia
52	naval architect	233916	Engineers Australia
53	engineering professionals (nec)	233999	Engineers Australia
54	agricultural consultant	234111	VETASSESS
55	agricultural scientist	234112	VETASSESS
56	forester	234113	VETASSESS
57	chemist	234211	VETASSESS
58	food technologist	234212	VETASSESS
59	environmental consultant	234312	VETASSESS
60	environmental research scientist	234313	VETASSESS
61	environmental scientists (nec)	234399	VETASSESS
62	geophysicist	234412	VETASSESS
63	hydrogeologist	234413	VETASSESS
64	life scientist (general)	234511	VETASSESS
65	biochemist	234513	VETASSESS
66	biotechnologist	234514	VETASSESS
67	botanist	234515	VETASSESS
68	marine biologist	234516	VETASSESS
69	microbiologist	234517	VETASSESS
70	zoologist	234518	VETASSESS
71	life scientists (nec)	234599	VETASSESS
72	medical laboratory scientist	234611	AIMS
73	veterinarian	234711	AVBC
74	conservator	234911	VETASSESS
75	metallurgist	234912	VETASSESS
76	meteorologist	234913	VETASSESS
77	physicist	234914	see subsection (2)
78	natural and physical science professionals (nec)	234999	VETASSESS
79	early childhood (pre‑primary school) teacher	241111	AITSL
80	secondary school teacher	241411	AITSL
81	special needs teacher	241511	AITSL
82	teacher of the hearing impaired	241512	AITSL
83	teacher of the sight impaired	241513	AITSL
84	special education teachers (nec)	241599	AITSL
85	university lecturer	242111	VETASSESS
86	medical diagnostic radiographer	251211	ASMIRT
87	medical radiation therapist	251212	ASMIRT
88	nuclear medicine technologist	251213	ANZSNM
89	sonographer	251214	ASMIRT
90	optometrist	251411	OCANZ
91	orthotist or prosthetist	251912	AOPA
92	chiropractor	252111	CCEA
93	osteopath	252112	AOAC
94	occupational therapist	252411	OTC
95	physiotherapist	252511	APC
96	podiatrist	252611	ANZPAC
97	audiologist	252711	VETASSESS
98	speech pathologist	252712	SPA
99	general practitioner	253111	MedBA	24
100	specialist physician (general medicine)	253311	MedBA
101	cardiologist	253312	MedBA
102	clinical haematologist	253313	MedBA
103	medical oncologist	253314	MedBA
104	endocrinologist	253315	MedBA
105	gastroenterologist	253316	MedBA
106	intensive care specialist	253317	MedBA
107	neurologist	253318	MedBA
108	paediatrician	253321	MedBA
109	renal medicine specialist	253322	MedBA
110	rheumatologist	253323	MedBA
111	thoracic medicine specialist	253324	MedBA
112	specialist physicians (nec)	253399	MedBA
113	psychiatrist	253411	MedBA
114	surgeon (general)	253511	MedBA
115	cardiothoracic surgeon	253512	MedBA
116	neurosurgeon	253513	MedBA
117	orthopaedic surgeon	253514	MedBA
118	otorhinolaryngologist	253515	MedBA
119	paediatric surgeon	253516	MedBA
120	plastic and reconstructive surgeon	253517	MedBA
121	urologist	253518	MedBA
122	vascular surgeon	253521	MedBA
123	dermatologist	253911	MedBA
124	emergency medicine specialist	253912	MedBA
125	obstetrician and gynaecologist	253913	MedBA
126	ophthalmologist	253914	MedBA
127	pathologist	253915	MedBA
128	diagnostic and interventional radiologist	253917	MedBA
129	radiation oncologist	253918	MedBA
130	medical practitioners (nec)	253999	MedBA	24
131	midwife	254111	ANMAC
132	nurse practitioner	254411	ANMAC
133	registered nurse (aged care)	254412	ANMAC
134	registered nurse (child and family health)	254413	ANMAC
135	registered nurse (community health)	254414	ANMAC
136	registered nurse (critical care and emergency)	254415	ANMAC
137	registered nurse (developmental disability)	254416	ANMAC
138	registered nurse (disability and rehabilitation)	254417	ANMAC
139	registered nurse (medical)	254418	ANMAC
140	registered nurse (medical practice)	254421	ANMAC
141	registered nurse (mental health)	254422	ANMAC
142	registered nurse (perioperative)	254423	ANMAC
143	registered nurse (surgical)	254424	ANMAC
144	registered nurse (paediatrics)	254425	ANMAC
145	registered nurses (nec)	254499	ANMAC
146	ICT business analyst	261111	ACS
147	systems analyst	261112	ACS
148	multimedia specialist	261211	ACS
149	analyst programmer	261311	ACS
150	developer programmer	261312	ACS
151	software engineer	261313	ACS
152	software and applications programmers (nec)	261399	ACS
153	ICT security specialist	262112	ACS
154	computer network and systems engineer	263111	ACS
155	telecommunications engineer	263311	Engineers Australia
156	telecommunications network engineer	263312	Engineers Australia
157	barrister	271111	A legal admissions authority of a State or Territory
158	solicitor	271311	A legal admissions authority of a State or Territory
159	clinical psychologist	272311	APS
160	educational psychologist	272312	APS
161	organisational psychologist	272313	APS
162	psychologists (nec)	272399	APS
163	social worker	272511	AASW
164	civil engineering draftsperson	312211	(a) Engineers Australia; or (b) VETASSESS
165	civil engineering technician	312212	VETASSESS
166	electrical engineering draftsperson	312311	Engineers Australia
167	electrical engineering technician	312312	TRA
168	radiocommunications technician	313211	TRA
169	telecommunications field engineer	313212	Engineers Australia
170	telecommunications network planner	313213	Engineers Australia
171	telecommunications technical officer or technologist	313214	Engineers Australia
172	automotive electrician	321111	TRA
173	motor mechanic (general)	321211	TRA
174	diesel motor mechanic	321212	TRA
175	motorcycle mechanic	321213	TRA
176	small engine mechanic	321214	TRA
177	sheetmetal trades worker	322211	TRA
178	metal fabricator	322311	TRA
179	pressure welder	322312	TRA
180	welder (first class)	322313	TRA
181	fitter (general)	323211	TRA
182	fitter and turner	323212	TRA
183	fitter‑welder	323213	TRA
184	metal machinist (first class)	323214	TRA
185	locksmith	323313	TRA
186	panelbeater	324111	TRA
187	bricklayer	331111	TRA
188	stonemason	331112	TRA
189	carpenter and joiner	331211	TRA
190	carpenter	331212	TRA
191	joiner	331213	TRA
192	painting trades worker	332211	TRA
193	glazier	333111	TRA
194	fibrous plasterer	333211	TRA
195	solid plasterer	333212	TRA
196	wall and floor tiler	333411	TRA
197	plumber (general)	334111	TRA
198	airconditioning and mechanical services plumber	334112	TRA
199	drainer	334113	TRA
200	gasfitter	334114	TRA
201	roof plumber	334115	TRA
202	electrician (general)	341111	TRA
203	electrician (special class)	341112	TRA
204	lift mechanic	341113	TRA
205	airconditioning and refrigeration mechanic	342111	TRA
206	technical cable jointer	342212	TRA
207	electronic equipment trades worker	342313	TRA
208	electronic instrument trades worker (general)	342314	TRA
209	electronic instrument trades worker (special class)	342315	TRA
210	chef	351311	TRA	7, 8
211	horse trainer	361112	TRA
212	cabinetmaker	394111	TRA
213	boat builder and repairer	399111	TRA
214	shipwright	399112	TRA
215	tennis coach	452316	VETASSESS
216	footballer	452411	VETASSESS	25

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 Determining whether certain occupations apply to an identified person

For the purposes of paragraph 5.19(8)(c) and subregulation 5.19(11) of the Regulations, the following table sets out the circumstances for determining whether certain occupations listed in column 1 of an item of the Medium and Long‑term Strategic Skills List apply to an identified person.

Applicable circumstances
Item	Column 1 Circumstance
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.
24	A current health workforce certificate for the position and the occupation has not been presented to the Department.
25	The position has nominated annual earnings of less than AUD120,000.

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
2	AASW	Australian Association of Social Workers Limited
3	ACPSEM	Australasian College of Physical Scientists and Engineers in Medicine
4	ACS	Australian Computer Society Incorporated
5	ACWA	Australian Community Workers Association Inc
6	ADC	Australian Dental Council Limited
7	AIM	Australian Institute of Management
8	AIMS	Australian Institute of Medical Scientists
9	AIQS	The Australian Institute of Quantity Surveyors
10	AITSL	Australian Institute for Teaching and School Leadership Limited
11	AMSA	Australian Maritime Safety Authority
12	ANMAC	Australian Nursing & Midwifery Accreditation Council Limited
13	ANZPAC	Australian and New Zealand Podiatry Accreditation Council Limited
14	ANZSNM	Australian and New Zealand Society of Nuclear Medicine
15	AOAC	Australasian Osteopathic Accreditation Council Limited
16	AOPA	The Australian Orthotic Prosthetic Association Limited
17	APC	Australian Physiotherapy Council Limited
18	APharmC	Australian Pharmacy Council Ltd
19	APS	The Australian Psychological Society Limited
20	ASMIRT	Australian Society of Medical Imaging and Radiation Therapy
21	AVBC	Australasian Veterinary Boards Council Incorporated
22	CAANZ	Chartered Accountants Australia and New Zealand
23	CASA	Civil Aviation Safety Authority
24	CCEA	Council on Chiropractic Education Australasia Limited
25	CPAA	CPA Australia Ltd
26	DAA	Dietitians Association of Australia
27	Engineers Australia	The Institution of Engineers Australia
28	IPA	Institute of Public Accountants Ltd
29	MedBA	Medical Board of Australia
30	OCANZ	Optometry Council of Australia and New Zealand Limited
31	OTC	Occupational Therapy Council of Australia Ltd
32	SPA	The Speech Pathology Association of Australia Limited
33	SSSI	Surveying and Spatial Sciences Institute Limited
34	TRA	Trades Recognition Australia
35	VETASSESS	Vocational Education and Training Assessment Services

Part 3—Application and savings provisions

10 Application of this instrument

This instrument applies in relation to the following:

(a) an application for approval of a nomination that is made on or after the day this instrument commences;

(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream if:

(i) the application for the visa is made on or after the day this instrument commences; and

(ii) the related application for approval of a nomination is made on or after the that day.

11 Continued application of IMMI 18/049

Despite the repeal of the Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 by this instrument, that instrument, as in force immediately before the day this instrument commences, continues to apply in relation to the following:

(a) an application for approval of a nomination that is made before the day this instrument commences;

(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made before, on or after the commencement of this instrument, if the related application for approval of a nomination was made:

(i) on or after 18 March 2018; but

(ii) before the day this instrument commences.

Schedule 1—Repeals

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

1 The whole of the instrument

Repeal the instrument.