{"id":"F2016L01777","name":"Criteria for Approval of Nomination and Occupational Training for the Purposes of Subclass 407 (Training) Visa 2016/108","slug":"criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95446,"registerId":"commonwealth-F2016L01777-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"CRITERIA FOR APPROVAL OF NOMINATION AND ","sectionType":"part","heading":"CRITERIA FOR APPROVAL OF NOMINATION AND OCCUPATIONAL TRAINING FOR THE PURPOSES OF SUBCLASS 407 (TRAINING) VISA 2016/108","content":"# CRITERIA FOR APPROVAL OF NOMINATION AND OCCUPATIONAL TRAINING FOR THE PURPOSES OF SUBCLASS 407 (TRAINING) VISA 2016/108\n\n(Subregulation 2.72A(12))\n\nI, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraphs 2.72A(12)(c) and 2.72A(12)(d) of the Migration Regulations 1994 (the Regulations):\n\n1.  SPECIFY for the purposes of paragraph 2.72A(12)(c) of the Regulations, the following sponsors:\n\na) an agency of:\n\ni) a State; or\n\nii) a Territory;\n\nb) a higher education provider listed from time to time under Subdivision 16-B of the Higher Education Support Act 2003 as a:\n\ni) Table A provider; and\n\nii) Table B provider;\n\nunless the body ceases to be a higher education provider because of  \nsection 16-5 of the Higher Education Support Act 2003; and\n\nc) an entity engaged in the field of:\n\ni) health care;\n\nii) scientific research;\n\niii) social assistance;\n\niv) religious services.\n\n2. SPECIFY for the purposes of paragraph 2.72A(12)(d) of the Regulations, the occupational training will be provided:\n\na) in circumstances where:\n\ni) the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee;\n\nii) the registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee;\n\niii) the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee;\n\niv) the occupational training is workplace based; and\n\nv) the nominee has appropriate qualifications and experience to undertake the occupational training; or\n\nb) in circumstances where the provider is an associated entity of the sponsor as defined in section 50AAA of the Corporations Act 2001.\n\nThis Instrument, Criteria for Approval of Nomination and Occupational Training for the Purposes of Subclass 407 (Training) Visa 2016/108, IMMI 16/108, commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.\n\nDated: 16 November 2016\n\nPeter Dutton\n\nTHE HON PETER DUTTON MP\n\nMinister for Immigration and Border Protection","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: specifying eligible sponsors and training criteria for the Subclass 407 visa. It does not show evidence of scope creep beyond the regulatory framework established by the Migration Amendment (Temporary Activity Visas) Regulation 2016."},"complexity_factors":["Short, focused instrument with only 2 operative clauses","Minimal cross-referencing — only references to Migration Regulations 1994 (subregulation 2.72A(12)), Higher Education Support Act 2003, and Corporations Act 2001","Straightforward structure: sponsor eligibility (clause 1) and training criteria (clause 2)","Some nested sub-paragraphs (e.g., 2(a)(i) through (v)) but logical progression","Only one defined term incorporated by reference ('associated entity' from Corporations Act 2001)","No exceptions to exceptions or complex conditional logic"],"plain_english_summary":"This is a ministerial instrument that sets out who can sponsor people for a Subclass 407 (Training) visa and what kind of training programs qualify.\n\n**What it does:**\nThe instrument specifies two things:\n1. **Who can be a sponsor** — Only certain types of organisations are allowed to nominate people for this training visa. These include:\n   - State or Territory government agencies\n   - Universities and higher education providers (both public and private)\n   - Organisations working in health care, scientific research, social assistance, or religious services\n\n2. **What training qualifies** — The occupational training must meet strict criteria. It must either:\n   - Be necessary for the person to get professional registration or licensing to work in their occupation (in Australia or their home country), be workplace-based, and match their qualifications; OR\n   - Be provided by an organisation closely linked to the sponsor (what the law calls an \"associated entity\")\n\n**Who it affects:**\n- Australian organisations wanting to bring in overseas workers for training\n- Foreign nationals seeking to come to Australia for workplace-based occupational training\n- Employers in regulated professions (like health, engineering, or trades) where formal registration is required\n\n**Why it matters:**\nThis visa category is designed for genuine skills development, not as a backdoor to work in Australia. By restricting sponsors to reputable organisations and requiring training to be linked to professional registration, the government aims to prevent exploitation and ensure the visa is used for its intended purpose — building skills that the person needs to do their job, not just filling labour shortages."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train","history":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/history","analysis":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/analysis","conflicts":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/conflicts","importantCases":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/important-cases","documents":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/documents"}}