{"id":"F2017L01345","name":"Migration (IMMI 17/126: Impairment Rating) Instrument 2017","slug":"migration-immi-17-126-impairment-rating-instrument-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439364,"registerId":"F2017L01345-fast-fetch-1775955420570","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (IMMI 17/126: Impairment Rating) Instrument 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nMigration (IMMI 17/126: Impairment Rating) Instrument 2017\n\n \n\n \n\n \n\nI, Peter Dutton, Minister for Immigration and Border Protection, make the following instrument.\n\nDated 10 October 2017\n\n \n\n \n\nPETER DUTTON   \n\nTHE HON PETER DUTTON MP  \n\nMinister for Immigration and Border Protection\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Impairment Rating........................................1\n\n \n\n \n\n \n\n1.          Name\n\n\n1.       This instrument is the Migration (IMMI 17/126: Impairment Rating) Instrument 2017.\n2.       This instrument may be cited as IMMI 17/126.\n\n\n2  Commencement\n\n  This instrument commences the day after it is registered on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under paragraph 1.15AA(1)(c) of the Regulations.\n\n4  Definitions\n\n  In this instrument:\n\nRegulations means Migration Regulations 1994.\n\n5  Impairment Rating\n\n  For the purposes of paragraph 1.15AA(1)(c) of the Regulations the impairment rating is 30.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow technical function it was designed for: specifying a numerical threshold for impairment ratings in visa health assessments. There is no evidence of scope creep."},"complexity_factors":["Extremely short: only 5 sections across 1 page","Only 1 defined term ('Regulations')","No cross-references to other legislation beyond the enabling provision","No conditional logic, exceptions, or procedural requirements","Single operative provision that states a single numerical value (30)"],"plain_english_summary":"This is a short legal instrument that sets a specific number used in Australia's migration system. It establishes that for certain visa purposes, the **impairment rating** is **30**.\n\n**What this means:**\n- Under Australia's migration rules, some visa applicants must meet health requirements. Part of this involves assessing whether a person has a medical condition that would cost Australia's health system or community services more than a certain amount.\n- This instrument sets the **threshold** for that assessment at 30 — specifically, this refers to a 30% impairment rating under a medical guide called the **Table of Costs** (used to calculate the likely cost of someone's condition).\n\n**Who it affects:**\n- People applying for visas to Australia who have health conditions\n- The doctors and case officers who assess whether someone's health condition is likely to be too expensive for Australia to bear\n\n**Why it matters:**\n- This number (30) acts as a cutoff. If someone's condition scores above this on the cost tables, they may fail the health requirement and be refused a visa. Setting it at 30 determines how strict or lenient Australia's health-related visa refusals will be."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standalone determination that specifies the impairment rating for the purposes of regulation 1.15AA(1)(c) of the Migration Regulations 1994. It does not directly amend any other instrument, but from its commencement it supersedes any earlier specification made under the same provision."},"complexity_factors":["Minimal operative text: the instrument consists solely of a single numerical threshold.","Dependent on external legislation (Migration Regulations 1994) for context and practical application.","No amending schedules, repeals, or transitional provisions."],"plain_english_summary":"This instrument sets the impairment rating used when assessing whether a visa applicant would be likely to require health care or community services that would result in significant cost.\n\nUnder Australia's migration law, certain visa applicants must meet health criteria (Public Interest Criteria 4005, 4006A and 4007). Part of that assessment considers whether the applicant has a permanent, or likely permanent, disease or condition that would cause significant health care or community services costs. Regulation 1.15AA of the Migration Regulations 1994 requires a Medical Officer of the Commonwealth to take into account an impairment rating when deciding if the cost is significant.\n\nThis instrument specifies the impairment rating as 30. In practice, if a Medical Officer rates a permanent or long-term condition at 30 or higher, that condition may contribute to a finding that the applicant would be likely to incur significant costs. That finding can lead to a visa refusal unless the visa category permits a health waiver and the waiver is granted.\n\nThe instrument commenced the day after it was registered on the Federal Register of Legislation in October 2017. It affects all relevant health assessments made from that date; it does not apply retrospectively.\n\nIn summary, this is a narrow technical determination that sets a numerical threshold for medical officers and decision-makers, and anyone who needs to understand how significant cost is assessed for visa health requirements should be aware of this figure."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument alters how paragraph 1.15AA(1)(c) operates by fixing the impairment rating at 30 (section 5). It does not amend the Migration Regulations themselves but changes the numeric threshold applied under that paragraph; the instrument does not state the prior value, so the practical impact depends on what the previous operative rating was."},"complexity_factors":["Single, discrete change: sets one numeric value (section 5).","Relies entirely on an external provision (paragraph 1.15AA(1)(c) of the Migration Regulations 1994) for legal effect (sections 3 and 5).","No definitional or procedural detail in the instrument — operational meaning depends on the referenced regulation (section 4 defines only 'Regulations').","Simple commencement rule (starts day after registration) but no transitional or retrospective rules (section 2).","Made under ministerial power rather than by amending primary regulations, so legal effect is narrow but dependent on administrative application (section 3)."],"plain_english_summary":"This instrument sets the numeric “impairment rating” used under paragraph 1.15AA(1)(c) of the Migration Regulations 1994 to 30. It therefore affects migrants and departmental decision‑makers whose eligibility or assessment turns on that rating, because it fixes the operative threshold; it takes effect the day after registration and is made by the Minister under the Regulations."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017","history":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017/history","analysis":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017/analysis","conflicts":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017/conflicts","importantCases":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017/important-cases","documents":"/api/acts/migration-immi-17-126-impairment-rating-instrument-2017/documents"}}