On February 23 the Minister for Immigration and Citizenship Brendan O’Connor announced seven changes to the temporary skilled work (subclass 457) visa program. A Regulation Impact Statement (RIS) was required for the first three of these changes, namely:
- the requirement for employers to demonstrate that they are not nominating positions where a genuine shortage does not exist;
- raising the English language requirements for certain positions; and
- strengthening the enforceability of existing training requirements for businesses that use the program.
The Department of Immigration and Citizenship (DIAC) had commenced the preparation of a RIS to support the three changes noted above. However, this RIS was not completed and assessed as adequate by the Office of Best Practice Regulation (OBPR) prior to the Minister’s announcement. The OBPR has therefore assessed DIAC as non-compliant with the Australian Government’s best practice regulation requirements. Accordingly, a post-implementation review is to be undertaken within one to two years from the date of implementation of the measures. The remaining announced measures either did not require, or were supported by, a RIS assessed as adequate by the OBPR.