Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.26B

Specifying relevant assessing authorities

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

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

Approving relevant assessing authorities

  (1B)   For the purposes of subregulation   (1A), the Skills Assessment Minister may, in writing, approve a person or body as the relevant assessing authority for:

  (a)   a skilled occupation; and

  (b)   one or more countries.

  (1C)   The Skills Assessment Minister may, in writing, delegate his or her power under subregulation   (1B) 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 a skilled occupation must be the standards set by the relevant assessing authority for the skilled occupation.

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