Alan Collett Posted October 22, 2009 Share Posted October 22, 2009 Given Ken Henry's comments yesterday the Minister is basing his recent decision on an economic situation that is unlikely to eventuate ... Henry sees decades-long commodity boom - ABC News (Australian Broadcasting Corporation) Best regards. Link to comment Share on other sites More sharing options...
merlino Posted October 22, 2009 Share Posted October 22, 2009 I think that is the point of this thread, is it not ...? Best regards. I was under the impression that you were reinforcing the fact that the minister's announcement having had this retrospective effect, was set in stone and nothing can be done to reverse this... Link to comment Share on other sites More sharing options...
Alan Collett Posted October 22, 2009 Share Posted October 22, 2009 Err no ... don't think I did ... but reversing the situation will take no small amount of effort, possibly a journalist who wants to make a name for him/herself, and maybe a challenge in the Courts of Australia. Best regards. Link to comment Share on other sites More sharing options...
McKlaut Posted October 22, 2009 Share Posted October 22, 2009 With regard to your own comment above, you are absolutely right. It is a dearly-held principle of both English and Aussie Law that the Government takes any hits caused by the timing of a significant change, not the man in the street going about his lawful business takes the hit instead. But we are not "men in their streets". We are file numbers and they behave accordingly. Link to comment Share on other sites More sharing options...
Guest Glenn Pereira Posted October 22, 2009 Share Posted October 22, 2009 CSL is to be phased out and occupations will be built into the new MODL for some occupations From 22 September 2009, the Migration Regulations 1994 ('the Regulations') are amended to provide the Minister with the power to specify a migration occupation in demand in relation to a visa class or subclass and by reference to specific characteristics. Affected legislation The following provisions of the Regulations are amended: * Schedule 1 - Regulation 1.03, migration occupation in demand. Additional information These changes will enable the Minister to specify the visa class or subclass for which an occupation is a migration occupation in demand , and to describe an occupation by reference to specified characteristics, such as a minimum English language requirement. There is no requirement that the Minister use this power. Transitional provisions There are no transitional provisions. PAM3: PAM3 will be amended to reflect these changes in November 2009. Regards Glenn Pereira Link to comment Share on other sites More sharing options...
Guest VickyMel Posted October 22, 2009 Share Posted October 22, 2009 CSL is to be phased out and occupations will be built into the new MODL for some occupations ... PAM3: PAM3 will be amended to reflect these changes in November 2009. I think I would be scared if I understood what this might mean - sound like more occupations may become the equivalent of what is now CSL and me as a priority 5 may drop further donw the queue?? :unsure: Link to comment Share on other sites More sharing options...
cartertucker Posted October 22, 2009 Share Posted October 22, 2009 I think I would be scared if I understood what this might mean - sound like more occupations may become the equivalent of what is now CSL and me as a priority 5 may drop further donw the queue?? I was going to say the same thing Vicky!....It doesnt take much to confuse me.....:confused: Perhaps someone could kindly break it down into something that we may understand! That would be fab.....:yes: Link to comment Share on other sites More sharing options...
Guest Glenn Pereira Posted October 22, 2009 Share Posted October 22, 2009 Here is the link Australian Immigration - Legislation Change Update Regards Glenn Pereira Link to comment Share on other sites More sharing options...
Guest jason RM0107604 Posted October 22, 2009 Share Posted October 22, 2009 at the risk of also sounding confused, i dont think I or anyone understands it yet. things are still evolving and i dont think the goal posts will be set for a bit more time yet to come. my understanding of the purpose of the 22 sep 09 change was to allow the minister to specify specific modl occupations for specific visa subclasses. Not sure why, in the current environment and uncertainty why they would want to do this now. Anyway i think someone somewhere has a plan of what they are going to do. no doubt in the future they will tell everyone else. so far, my understanding is that a broad range of options is still being considered. Link to comment Share on other sites More sharing options...
Alan Collett Posted October 22, 2009 Share Posted October 22, 2009 Glenn, Are you saying that the CSL which the Minister introduced last December is going to be dropped 12 months later? It wouldn't surprise me ... not much surprises me any more in the migration arena ... and would make sense. Indeed, dropping the CSL would soon put the Cat5s in line for visa grants in a half reasonable timeline. And before anyone asks ... this is all supposition on my part - I have no inside knowledge on this issue! Best wishes to all. Link to comment Share on other sites More sharing options...
Guest Glenn Pereira Posted October 22, 2009 Share Posted October 22, 2009 Alan, The CSL was used to freeze the assessment of other occupations. CSL is likely to be abolished and a more targeted MODL will be announced . The Minister will have the power to make a determination of English and work experience for each occupation and/or also for each sub-class. We will probably see a spread sheet for the occupations with columns [English, work experience (different for on-shore & off-shore)] regards Glenn Pereira Link to comment Share on other sites More sharing options...
Alan Collett Posted October 22, 2009 Share Posted October 22, 2009 Thanks Glenn. I appreciate your insightful thoughts. Best regards. Link to comment Share on other sites More sharing options...
Guest renette Posted October 22, 2009 Share Posted October 22, 2009 Hi, some info form the Aus immigration website regarding the new MODL list: Frequently Asked Questions - Review of the Migration Occupations in Demand List (MODL) Q1. What is happening to the Migration Occupations in Demand List (MODL)? A review of the purpose of the MODL and its methodology has commenced and is expected to be completed in late 2009. The review aims to make MODL a more strategic tool in identifying the medium to long-term skill needs that complement Australia’s skill supply through the domestic tertiary education sector. Q2. Why is the MODL being reviewed? The review of the MODL is aimed at developing a better link between skilled migrant employment outcomes, the national training agenda and the work of Skills Australia, to ensure that skilled migration is aimed at responding to future skill needs which cannot be addressed through domestic training and skills development. Q3. When will the new MODL be implemented? The arrangements for the transition to the new MODL will be determined once the outcomes of the review are finalised. The Critical Skills List will remain in place while the review is in progress and then be phased out following the implementation of any recommendations flowing from the review. Q4. What will happen to priority processing of CSL applications? Occupations which are listed on the CSL receive priority processing, which assists the targeting of the migration program. These arrangements will continue until the review is finalised. Once the review is finalised, arrangements for phasing out the CSL will be announced. Well, we thought that 23 Sept. was full of surprises. i guess that the new MODL that will be announced in the next view weeks will have more surprises instore. New visa processing regulations will most probably be introduced, and we can only hope that the new MODL will include more occupations than the CLS. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted October 22, 2009 Share Posted October 22, 2009 CSL is to be phased out and occupations will be built into the new MODL for some occupations From 22 September 2009, the Migration Regulations 1994 ('the Regulations') are amended to provide the Minister with the power to specify a migration occupation in demand in relation to a visa class or subclass and by reference to specific characteristics. Affected legislation The following provisions of the Regulations are amended: * Schedule 1 - Regulation 1.03, migration occupation in demand. Additional information These changes will enable the Minister to specify the visa class or subclass for which an occupation is a migration occupation in demand , and to describe an occupation by reference to specified characteristics, such as a minimum English language requirement. There is no requirement that the Minister use this power. Transitional provisions There are no transitional provisions. PAM3: PAM3 will be amended to reflect these changes in November 2009. Regards Glenn Pereira Hi Glenn Thanks for the information above. Originally the Minister said that he wanted to allow employers to be the main mechanism for selecting which migrants get visas. In Dec 2008 and right up till 31st August 2009 the Minister said that after employers, the States would decide which occupations to prioritise. With the Minister giving himself wide powers to make the MODL mean different things for different visas, itsn't he simply introducing a way of keeping more control of the selection process than ever before firmly in the clutches of DIAC HQ in Canberra? It seems to me that the man is doing the opposite of that which he claimed to want? Puzzled Gil Link to comment Share on other sites More sharing options...
Taz2008 Posted October 22, 2009 Share Posted October 22, 2009 Alan, The CSL was used to freeze the assessment of other occupations. CSL is likely to be abolished and a more targeted MODL will be announced . The Minister will have the power to make a determination of English and work experience for each occupation and/or also for each sub-class. We will probably see a spread sheet for the occupations with columns [English, work experience (different for on-shore & off-shore)] regards Glenn Pereira Hi Glenn Do you think this will have an affect with the applications already with the DIAC? Or are applications already lodge safe from MODL changes? Thanks Tasha Link to comment Share on other sites More sharing options...
George Lombard Posted October 22, 2009 Share Posted October 22, 2009 FWIW the change to the legislation allowing a targeted MODL could just be seen as supporting aspects of the current CSL, such as specific English levels for accountants and particular IT specialisations. I'd be reasonably confident about that being the initiating thought behind the change, whether DIAC ever acquires sufficient flexibility or authority to run a fully targeted MODL is in my view a moot point. I don't think that any of the economic departments in Canberra would be happy with giving DIAC much control over any economic levers, so I think it's more likely that the changes Glen is talking about are still well over the horizon. However an important point to remember is that if the MODL applied at the time of your application then it still applies at the time of decision, ie existing applicants won't be adversely affected by any changes and of course the end of the CSL will give MODL applicants priority again so get out those CSL voodoo dolls and start sticking the pins in. Cheers, George Lombard Link to comment Share on other sites More sharing options...
Guest Glenn Pereira Posted October 22, 2009 Share Posted October 22, 2009 "With the Minister giving himself wide powers to make the MODL mean different things for different visas, itsn't he simply introducing a way of keeping more control of the selection process than ever before firmly in the clutches of DIAC HQ in Canberra? It seems to me that the man is doing the opposite of that which he claimed to want?" Sounds more like the previous Government when they introduced the Privative clause (sec 474) to prevent Judicial Review. Unfortunately case S157 decision placed a spanner in their wheel. Total Secretive Control If someone can find that the Directions under sec 499 is inconsistent with any other sections of the Migration Act then there coudl be an arguable case on the validity of the Directions. Regards Glenn Pereira Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted October 22, 2009 Share Posted October 22, 2009 Hi Glenn If someone can find that the Directions under sec 499 is inconsistent with any other sections of the Migration Act then there coudl be an arguable case on the validity of the Directions. I was thinking about this earlier today. Are you able to give me a rough estimate of the likely cost of obtaining some top-notch legal advice about the situation, please? Many thanks Gill Link to comment Share on other sites More sharing options...
cartertucker Posted October 22, 2009 Share Posted October 22, 2009 However an important point to remember is that if the MODL applied at the time of your application then it still applies at the time of decision, ie existing applicants won't be adversely affected by any changes and of course the end of the CSL will give MODL applicants priority again so get out those CSL voodoo dolls and start sticking the pins in. Cheers, George Lombard Thankyou so much George.... I have mine out already!......:wink: Link to comment Share on other sites More sharing options...
McKlaut Posted October 22, 2009 Share Posted October 22, 2009 However an important point to remember is that if the MODL applied at the time of your application then it still applies at the time of decision, ie existing applicants won't be adversely affected by any changes and of course the end of the CSL will give MODL applicants priority again so get out those CSL voodoo dolls and start sticking the pins in. Cheers, George Lombard That would be great and we all hope you are right, but after 23/09 I won't be surprised by anything. Link to comment Share on other sites More sharing options...
Guest Magnetic6 Posted October 22, 2009 Share Posted October 22, 2009 Thankyou so much George.... I have mine out already!......:wink: HAHA!!! How fantastic...where on earth did you find that????! Link to comment Share on other sites More sharing options...
Guest proud2beaussie Posted October 22, 2009 Share Posted October 22, 2009 Funny thing is those "CSL" voodoo dolls look suspiciously like Senator Evans dolls to me.:biggrin::wink: Link to comment Share on other sites More sharing options...
stevie ellis Posted October 22, 2009 Share Posted October 22, 2009 Hi i wud stick something bigger than pins into senator evans:biglaugh:regards stevie Link to comment Share on other sites More sharing options...
Guest jason RM0107604 Posted October 22, 2009 Share Posted October 22, 2009 if what is being discuss regarding phasing out CSL is true and a more structured modl is true than i would think this is fairer than existing arrangements. i think this would relieve some of the pain sufferred by existing applicants - particularly those on the MODL but not CSL. i would wonder though whether the new modl will also give a priority factor to each occupation -to operate like a defacto CSL list. I am not a big fan of prioritising any visa applications. Link to comment Share on other sites More sharing options...
Guest Glenn Pereira Posted October 23, 2009 Share Posted October 23, 2009 Hi Gill, Will check and revert on cost. Directions was made under sec 499 in conjunction with sec 51 Reg 1.03 definitions MODL "migration occupation in demand" , in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing for this definition as a migration occupation in demand (including an occupation that may be described by reference to specified characteristics in the instrument). Sec 51, 65 & 93 http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s51.html MIGRATION ACT 1958 - SECT 65 Decision to grant or refuse to grant visa MIGRATION ACT 1958 - SECT 93 Determination of applicant's score MIGRATION ACT 1958 - SECT 499 Minister may give directions (1) The Minister may give written directions to a person or body having functions or powers under this Act if the directions are about: (a) the performance of those functions; or (b) the exercise of those powers. (1A) For example, a direction under subsection (1) could require a person or body to exercise the power under section 501 instead of the power under section 200 (as it applies because of section 201) in circumstances where both powers apply. (2) Subsection (1) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations. (2A) A person or body must comply with a direction under subsection (1). (3) The Minister shall cause a copy of any direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given. (4) Subsection (1) does not limit subsection 496(1A). Regards Glenn Pereira Link to comment Share on other sites More sharing options...
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