Migration (IMMI 18/004: Specification of Occupations Subclass 457 Visa) Instrument 2018

Transcription

1 IMMI 18/004 Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument 2018 I, Peter Dutton, Minister for Home Affairs and Minister for Immigration and Border Protection, make the following instrument. Dated 15 January 2018 Peter Dutton The Hon Peter Dutton MP Minister for Home Affairs Minister for Immigration and Border Protection

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3 Contents Part 1 Preliminary 1 1 Name Commencement Authority Definitions Schedules... 2 Part 2 Specification of occupations 3 6 Specification of occupations Medium and Long-term Strategic Skills List Short-term Skilled List Certain occupations not applicable to persons who are to work in certain positions...15 Part 3 Application Application of this instrument...18 Schedule 1 Amendments 19 Part 1 Repeal 19 Migration (IMMI 17/060: Specification of s Subclass 457 Visa) Instrument Part 2 Application of Repeal 20 1 Application of repeal...20 Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument 2018 i

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5 Part 1 Preliminary 1 Name (1) This instrument is the Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument (2) This instrument may also be cited as IMMI 18/ 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 Provisions Commencement Date/Details 1. The whole of this instrument 17 January January Note: This table relates only to the provisions of this instrument as originally made.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. 3 Authority 4 Definitions (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. This instrument is made under paragraph 2.72(10)(aa) of the Migration Regulations Note: A number of expressions used in this instrument are defined in the Regulations, including the following: (a) ; (b) AUD. In this instrument: 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; Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

6 5 Schedules (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 section 7 of this instrument. nec is short for not elsewhere classified. Regulations means the Migration Regulations Short-term Skilled List means the table in section 8 of this instrument. university lecturer includes a research associate or research fellow in a university. 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. 2

7 Part 2 Specification of occupations 6 Specification of occupations For the purposes of paragraph 2.72(10)(aa) of the Regulations: (a) an occupation and its corresponding 6-digit mentioned in the Medium and Long-term Strategic Skills List or the Short-term Skilled List is specified; and (b) the occupation is applicable to any person, subject to section 9 of this instrument. 7 Medium and Long-term Strategic Skills List The following table is the Medium and Long-term Strategic Skills List. Medium and Long-term Strategic Skills List 1 chief executive or managing director corporate general manager horse breeder , 10 4 construction project manager engineering manager child care centre manager nursing clinical director primary health organisation manager welfare centre manager faculty head chief information officer environmental manager musician (instrumental) accountant (general) , 19, management accountant , 19, taxation accountant , 19, external auditor internal auditor actuary statistician economist land economist valuer Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

8 Medium and Long-term Strategic Skills List 24 management consultant , 21, architect landscape architect surveyor cartographer other spatial scientist chemical engineer materials engineer civil engineer geotechnical engineer quantity surveyor structural engineer transport engineer electrical engineer electronics engineer industrial engineer mechanical engineer production or plant engineer mining engineer (excluding petroleum) petroleum engineer aeronautical engineer agricultural engineer biomedical engineer engineering technologist environmental engineer naval architect engineering professionals (nec) agricultural consultant agricultural scientist forester chemist food technologist environmental consultant environmental research scientist environmental scientists (nec) geophysicist hydrogeologist life scientist (general)

9 Medium and Long-term Strategic Skills List 62 biochemist biotechnologist botanist marine biologist microbiologist zoologist life scientists (nec) medical laboratory scientist veterinarian conservator metallurgist meteorologist physicist natural and physical science professionals (nec) early childhood (pre-primary school) teacher secondary school teacher special needs teacher teacher of the hearing impaired teacher of the sight impaired special education teachers (nec) university lecturer medical diagnostic radiographer medical radiation therapist nuclear medicine technologist sonographer optometrist orthotist or prosthetist chiropractor osteopath occupational therapist physiotherapist podiatrist audiologist speech pathologist general practitioner specialist physician (general medicine) cardiologist clinical haematologist Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

10 Medium and Long-term Strategic Skills List 100 medical oncologist endocrinologist gastroenterologist intensive care specialist neurologist paediatrician renal medicine specialist rheumatologist thoracic medicine specialist specialist physicians (nec) psychiatrist surgeon (general) cardiothoracic surgeon neurosurgeon orthopaedic surgeon otorhinolaryngologist paediatric surgeon plastic and reconstructive surgeon urologist vascular surgeon dermatologist emergency medicine specialist obstetrician and gynaecologist ophthalmologist pathologist diagnostic and interventional radiologist radiation oncologist medical practitioners (nec) midwife nurse practitioner registered nurse (aged care) registered nurse (child and family health) registered nurse (community health) registered nurse (critical care and emergency) registered nurse (developmental disability) registered nurse (disability and rehabilitation) registered nurse (medical) registered nurse (medical practice)

11 Medium and Long-term Strategic Skills List 138 registered nurse (mental health) registered nurse (perioperative) registered nurse (surgical) registered nurse (paediatrics) registered nurses (nec) ICT business analyst systems analyst multimedia specialist analyst programmer developer programmer software engineer software and applications programmers (nec) ICT security specialist computer network and systems engineer telecommunications engineer telecommunications network engineer barrister solicitor clinical psychologist educational psychologist organisational psychologist psychologists (nec) social worker civil engineering draftsperson civil engineering technician electrical engineering draftsperson electrical engineering technician radio communications technician telecommunications field engineer telecommunications technical officer or technologist automotive electrician motor mechanic (general) diesel motor mechanic motorcycle mechanic small engine mechanic sheetmetal trades worker metal fabricator welder (first class) Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

12 Medium and Long-term Strategic Skills List 176 fitter (general) fitter and turner fitter-welder metal machinist (first class) locksmith panelbeater bricklayer stonemason carpenter and joiner carpenter joiner painting trades worker glazier fibrous plasterer solid plasterer wall and floor tiler plumber (general) airconditioning and mechanical services plumber drainer gasfitter roof plumber electrician (general) electrician (special class) lift mechanic airconditioning and refrigeration mechanic technical cable jointer electronic equipment trades worker electronic instrument trades worker (general) electronic instrument trades worker (special class) chef , horse trainer cabinetmaker boat builder and repairer shipwright Short-term Skilled List The following table is the Short-term Skilled List. 8

13 Short-term Skilled List 1 aquaculture farmer , 10 2 cotton grower , 10 3 flower grower , 10 4 fruit or nut grower , 10 5 grain, oilseed or pasture grower (Aus) / field crop grower (NZ) , 10 6 grape grower , 10 7 mixed crop farmer , 10 8 sugar cane grower , 10 9 vegetable grower (Aus) / market gardener (NZ) , crop farmers (nec) , apiarist , beef cattle farmer , dairy cattle farmer , mixed livestock farmer , pig farmer , poultry farmer , sheep farmer , livestock farmers (nec) , mixed crop and livestock farmer , sales and marketing manager , 11, advertising manager corporate services manager , 20, finance manager human resource manager research and development manager manufacturer production manager (forestry) production manager (manufacturing) production manager (mining) supply and distribution manager , 11, health and welfare services managers (nec) school principal education managers (nec) ICT project manager ICT managers (nec) arts administrator or manager laboratory manager Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

14 Short-term Skilled List 38 quality assurance manager specialist managers (nec) except: (a) ambassador; or (b) archbishop; or (c) bishop cafe or restaurant manager hotel or motel manager accommodation and hospitality managers (nec) post office manager fitness centre manager sports centre manager customer service manager , 11, conference and event organiser , transport company manager , 19, facilities manager dancer or choreographer music director music professionals (nec) photographer visual arts and crafts professionals (nec) artistic director book or script editor director (film, television, radio or stage) film and video editor program director (television or radio) stage manager technical director video producer copywriter newspaper or periodical editor print journalist technical writer television journalist journalists and other writers (nec) company secretary commodities trader finance broker insurance broker

15 Short-term Skilled List 73 financial brokers (nec) financial market dealer stockbroking dealer financial dealers (nec) financial investment adviser financial investment manager recruitment consultant , 21, ICT trainer mathematician gallery or museum curator health information manager records manager librarian organisation and methods analyst patents examiner information and organisation professionals (nec) advertising specialist marketing specialist , 11, ICT account manager ICT business development manager ICT sales representative public relations professional technical sales representatives (nec) including education sales representatives , aeroplane pilot flying instructor helicopter pilot fashion designer industrial designer jewellery designer graphic designer illustrator web designer interior designer urban and regional planner wine maker geologist primary school teacher Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

16 Short-term Skilled List 110 middle school teacher (Aus) / intermediate school teacher (NZ) education adviser art teacher (private tuition) dance teacher (private tuition) music teacher (private tuition) private tutors and teachers (nec) teacher of English to speakers of other languages dietitian nutritionist occupational health and safety adviser orthoptist hospital pharmacist industrial pharmacist retail pharmacist health promotion officer health diagnostic and promotion professionals (nec) acupuncturist naturopath traditional Chinese medicine practitioner complementary health therapists (nec) dental specialist dentist resident medical officer anaesthetist nurse educator nurse researcher nurse manager web developer software tester database administrator systems administrator network administrator network analyst ICT quality assurance engineer ICT support engineer ICT systems test engineer ICT support and test engineers (nec)

17 Short-term Skilled List 147 judicial and other legal professionals (nec) careers counsellor drug and alcohol counsellor family and marriage counsellor rehabilitation counsellor student counsellor counsellors (nec) psychotherapist interpreter social professionals (nec) recreation officer welfare worker agricultural technician anaesthetic technician cardiac technician medical laboratory technician pharmacy technician medical technicians (nec) meat inspector primary products inspectors (nec) chemistry technician earth science technician life science technician science technicians (nec) architectural draftsperson building inspector architectural, building and surveying technicians (nec) mechanical engineering technician metallurgical or materials technician mine deputy hardware technician ICT customer support officer web administrator ICT support technicians (nec) farrier aircraft maintenance engineer (avionics) aircraft maintenance engineer (mechanical) aircraft maintenance engineer (structures) Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

18 Short-term Skilled List 185 textile, clothing and footwear mechanic metal fitters and machinists (nec) precision instrument maker and repairer watch and clock maker and repairer toolmaker vehicle body builder vehicle trimmer roof tiler business machine mechanic cabler (data and telecommunications) telecommunications linesworker baker pastrycook butcher or smallgoods maker cook , dog handler or trainer animal attendants and trainers (nec) veterinary nurse florist gardener (general) arborist landscape gardener greenkeeper hairdresser print finisher printing machinist dressmaker or tailor upholsterer furniture finisher wood machinist wood machinists and other wood trades workers (nec) chemical plant operator power generation plant operator library technician jeweller camera operator (film, television or video) make up artist sound technician

19 Short-term Skilled List 223 performing arts technicians (nec) signwriter ambulance officer intensive care ambulance paramedic dental technician diversional therapist enrolled nurse massage therapist community worker disabilities services officer family support worker residential care officer youth worker diving instructor (open water) gymnastics coach or instructor horse riding coach or instructor snowsport instructor swimming coach or instructor tennis coach other sports coach or instructor sports development officer footballer sportspersons (nec) contract administrator program or project administrator insurance loss adjuster insurance agent property manager , 10, 19, real estate representative , 10, 19, retail buyer Certain occupations not applicable to persons who are to work in certain positions For the purposes of paragraph 2.72(10)(aa) of the Regulations, an occupation is not applicable to a person if: (a) the occupation is mentioned in column 1 of an item of the Medium and Long-term Strategic Skills List or the Short-term Skilled List; and Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

20 (b) column 3 (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 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 a nominated base salary of less than AUD65, (a) the position has a nominated base salary of less than AUD65,000; and (b) if the 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 a nominated base salary of less than AUD80,000; and (b) if the 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 a nominated base salary of less than AUD180,001; and (b) if the 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: Example 2: Rostering, maintaining records, reception duties and allocating duties to housekeepers, porters or doorpersons. 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(7) 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. 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 16

21 Positions for which occupation is inapplicable Item Position 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, (a) the position is in a business that has an annual turnover of less than AUD1,000,000; and (b) if the 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 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 a nominated base salary of less than AUD90,000. Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

22 Part 3 Application 10 Application of this instrument This instrument applies in relation to a nomination of an occupation made on or after 17 January

23 Schedule 1 Amendments Part 1 Repeal Migration (IMMI 17/060: Specification of s Subclass 457 Visa) Instrument The whole of the instrument Repeal the instrument. Migration (IMMI 18/004: Specification of s Subclass 457 Visa) Instrument

24 Part 2 Application of Repeal 1 Application of repeal Despite the repeal of the Migration (IMMI 17/060: Specification of s-subclass 457 Visa) Instrument 2017 by Part 1 of this Schedule, that instrument, as in force immediately before the commencement of that Part, continues to apply in relation to a nomination of an occupation if the nomination is made before 17 January