Regulation 2.26B — Relevant assessing authorities

2.26B Relevant assessing authorities

Specifying relevant assessing authorities

(1) Subject to subregulation (1A), the Minister (the Immigration Minister) may, by legislative instrument, specify a person or body as the relevant assessing authority for:

(a) an occupation; and

(b) one or more countries;

for the purposes of an application for a skills assessment made by a resident of one of those countries.

(1A) The Immigration Minister must not specify a person or body as the relevant assessing authority for an occupation and one or more countries unless the person or body has been approved as the assessing authority for the occupation and the countries under subregulation (1B).

Approving assessing authorities

(1B) For the purposes of subregulation (1A), the Skills Assessment Minister may:

(a) approve a person or body as the assessing authority for:

(i) an occupation; and

(ii) one or more countries; and

(b) impose one or more conditions on the approval.

(1BA) The Skills Assessment Minister must not approve a person or body under subregulation (1B) unless the Minister is satisfied that the person or body is suitable to be so approved.

(1BB) The Skills Assessment Minister must, as soon as practicable after approving a person or body under subregulation (1B):

(a) give the person or body a written notice that sets out:

(i) the decision; and

(ii) the reasons for the decision; and

(iii) the conditions (if any) imposed on the approval; and

(b) give a copy of the notice to the Immigration Minister.

Imposition etc. of conditions after approval

(1BC) If a person or body has been approved under subregulation (1B), the Skills Assessment Minister may, at any time, do any one or more of the following:

(a) impose one or more additional conditions on the approval;

(b) vary a condition that has been imposed on the approval;

(c) remove a condition that has been imposed on the approval.

(1BD) If a condition is imposed or varied under subregulation (1BC), the condition only applies in relation to a thing done, or not done, on or after the day the decision to impose or vary the condition takes effect.

(1BE) If the Skills Assessment Minister makes a decision in relation to a person or body under subregulation (1BC), the Skills Assessment Minister must, as soon as practicable after making the decision:

(a) give the person or body a written notice that sets out:

(i) the decision; and

(ii) the reasons for the decision; and

(iii) the day the decision takes effect; and

(iv) if an additional condition is imposed on their approval—that condition; and

(v) if a condition that has been imposed on their approval is varied—the condition as varied; and

(vi) if a condition that has been imposed on their approval is removed— the removed condition; and

(vii) if subparagraph (iv) or (v) applies—the effect of subregulation (1BD); and

(b) give a copy of the notice to the Immigration Minister.

Agreement of Immigration Minister to the imposition etc. of conditions

(1BF) Before the Skills Assessment Minister imposes a condition, or varies or removes a condition that has been imposed, on the approval of a person or body approved under subregulation (1B) or (1BC), the Immigration Minister must agree to the imposition, variation or removal of the condition.

Revocation of approval

(1BG) If a person or body has been approved under subregulation (1B) as the assessing authority for an occupation and one or more countries, the Skills Assessment Minister may revoke the approval if the Minister:

(a) is no longer satisfied that the person or body is suitable to be so approved; or

(b) is satisfied that the person or body has breached a condition imposed on the approval; or

(c) is satisfied that another person or body is more suitable to be approved as the assessing authority for the occupation and one or more of those countries.

(1BH) Before the Skills Assessment Minister revokes the approval of a person or body under subregulation (1BG), the Minister must consult the Immigration Minister.

(1BI) The Skills Assessment Minister must, as soon as practicable after revoking the approval of a person or body under subregulation (1BG):

(a) give the person or body a written notice that sets out:

(i) the decision; and

(ii) the reasons for the decision; and

(iii) the day that the revocation takes effect; and

(b) give a copy of the notice to the Immigration Minister. Note: The review of a decision revoking the approval of an assessing authority is dealt with in Division 4.4 of Part 4.

(1BJ) If the approval of a person or body is revoked under subregulation (1BG), the revocation does not affect, for the purposes of these Regulations, an assessment of the skills of an individual that was completed by the person or body before the day the revocation takes effect.

(1C) The Skills Assessment Minister may, in writing, delegate the Minister’s powers under this regulation (other than the power under subregulation (1BG) to revoke the approval of a person or body as the assessing authority for an occupation and one or more countries) to:

(a) the Skills Assessment Secretary; or

(b) an SES employee, or acting SES employee, who:

(i) is in the Skills Assessment Department; and

(ii) has responsibilities relating to skills assessment services.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Standards against which skills are assessed

(2) The standards against which the skills of a person are assessed by a relevant assessing authority for an occupation must be the standards set by the relevant assessing authority for the occupation.

(3) A relevant assessing authority may set different standards for assessing an occupation for different visa classes or subclasses.