{"id":"F2021L00464","name":"Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021","slug":"immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101697,"registerId":"commonwealth-F2021L00464-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 21/012\n\nImmigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021\n\nI, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 3(2) of the Immigration (Education) Act 1971 (the Act).\n\nDated 19 April 2021\n\nAlex Hawke\n\nMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs\n\n1 Name\n\nThis instrument is the Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021.\n\n2 Commencement\n\nThis instrument commences on the later of:\n\n(a) the day after registration; and\n\n(b) immediately after the commencement of Schedule 1 of the Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020.\n\n3 Repeal\n\nImmigration (Education) (Functional English) Specification 2017 (F2017L00720) is repealed.\n\n4 Procedures or standards for determining that a person has vocational English\n\n(1)For the definition of vocational English in subsection 3(1) of the Act, a person has vocational English if a provider of an approved English course determines that the person meets or exceeds one of the following standards:\n\n(a) at least Level 3 proficiency in each of the four core skills of learning, reading, writing and oral communication under the Australian Core Skills Framework; or\n\n(b) an average score of at least 5.5 in an International English Language Testing System test, based on the four test components of speaking, reading, writing and listening; or\n\n(c) a total band score of at least 46 in a Test of English as a Foreign Language internet-based Test, based on the four test components of speaking, reading, writing and listening; or\n\n(d) a total band score of at least 162 in a Cambridge C1 Advanced Test, based on the four test components of speaking, reading, writing and listening; or\n\n(e) a total band score of at least 42 in a Pearson Test of English Academic, based on the four test components of speaking, reading, writing and listening; or\n\n(f) at least B for each of the four test components of speaking, reading, writing and listening in an Occupational English Test.\n\n(2)A reference to a test in subsection (1) is a reference to the test as in force or existing from time to time.\n\n> Note Despite subsection 14(2) of the Legislation Act 2003, a reference to a test in force or existing from time to time is permitted under subsection 3(3) of the Act.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Replaces the 2017 Functional English specification with a provisionally broader, test-based definition of 'vocational English' that lists specific tests and score thresholds and vests assessment authority in approved English-course providers (see section 3 repealing the 2017 instrument and section 4 setting the standards). Commencement timing is linked to registration and Schedule 1 of the 2020 Amendment Act (section 2)."},"complexity_factors":["Short, focused instrument that mainly lists alternative tests and numeric thresholds (section 4).","Repeal of prior specification (section 3) requires administrators to switch to the new list of standards.","Commencement depends on registration and the separate Amendment Act schedule (section 2), creating a two-step start condition.","Provider discretion to determine whether a person meets a listed standard (section 4(1)) introduces operational assessment procedures for course providers.","References to external tests 'as in force or existing from time to time' (section 4(2)) create ongoing reliance on evolving third‑party test formats and scoring."],"plain_english_summary":"This instrument replaces the earlier Functional English specification and fixes which English tests and minimum scores prove a person has “vocational English” under the Immigration (Education) Act 1971. It commences after registration and when Schedule 1 of the 2020 Amendment Act starts.\n\nIt affects visa applicants, approved English-course providers who assess students, and test providers: providers determine if a person meets one of the listed score thresholds (for example ACSF Level 3 or specified IELTS/TOEFL/Cambridge/PTE/OET scores), which gates access to immigration-related education entitlements."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2017 Functional English Specification). It performs a straightforward update—replacing the old instrument with new test score thresholds and updated test names, without expanding beyond the original purpose of setting English language standards for vocational purposes."},"complexity_factors":["Very short instrument (only 4 substantive sections)","No defined terms section—relies on external references to testing frameworks","Simple conditional structure (subsection 4(1) presents six alternative pathways)","Single cross-reference to the parent Act (Immigration (Education) Act 1971)","No nested exceptions or complex temporal provisions","Straightforward repeal of a single predecessor instrument"],"plain_english_summary":"This document sets the rules for proving you have 'vocational English'—a specific level of English skills needed for certain Australian visa or immigration purposes. It replaces an older 2017 rule.\n\n**What it does:**\n- Lists **six different ways** someone can prove they meet the vocational English standard\n- These include passing specific English tests (like IELTS, TOEFL, PTE, Cambridge, or Occupational English Test) or achieving Level 3 under the Australian Core Skills Framework\n\n**Who it affects:**\n- People applying for Australian visas where 'vocational English' is required\n- English course providers who assess whether people meet the standard\n- Migration agents and visa applicants navigating English requirements\n\n**Why it matters:**\n- It gives flexibility—if you don't pass one test, you can try another\n- It ensures consistent standards across different testing systems\n- It updates the 2017 rules to reflect current testing options"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021","history":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021/history","analysis":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021/analysis","conflicts":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021/conflicts","importantCases":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021/important-cases","documents":"/api/acts/immigration-education-standards-for-vocational-english-instrument-lin-21-012-2021/documents"}}