Commonwealth of Australia
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this does
This instrument designates Western Australia as a "participating State" that can waive health requirements for certain skilled workers and business migrants.
Under Australian migration law, most visa applicants must meet strict health criteria (meaning they cannot impose significant costs on Australia's healthcare system). However, this instrument allows Western Australia to sponsor applicants who would normally fail these health tests for four specific visa types:
Why it matters
If you are applying for one of these visas but have a health condition that would usually disqualify you, Western Australia can now choose to support your application anyway. The state essentially takes responsibility for any healthcare costs, allowing the visa to be granted despite the health issue.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Migration Regulations 1994 - Specification under regulations 846.111, 855.111, 856.111 and 857.111 - Health Waiver - Participating States and Territories - April 2009.
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(REGULATIONS 846.111, 855.111, 856.111, 857.111)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
This Instrument, IMMI 09/036, will commence on 15 May 2009.
Dated 16 April 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations allow the Minister to specify in an instrument in writing a State or Territory that is a participating State or Territory for the purposes of those clauses.
NOTE 2: This Instrument is made for the purposes of the following visa subclasses: subclass 846 (State/Territory Sponsored Regional Established Business in Australia), subclass 855 (Labour Agreement), subclass 856 (Employer Nomination Scheme) and subclass 857 (Regional Sponsored Migration Scheme).]
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
HEALTH WAIVER – PARTICIPATING STATES AND TERRITORIES
(REGULATIONS 846.111, 855.111, 856.111, 857.111)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
This Instrument, IMMI 09/036, will commence on 15 May 2009.
Dated 16 April 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Regulations allow the Minister to specify in an instrument in writing a State or Territory that is a participating State or Territory for the purposes of those clauses.
NOTE 2: This Instrument is made for the purposes of the following visa subclasses: subclass 846 (State/Territory Sponsored Regional Established Business in Australia), subclass 855 (Labour Agreement), subclass 856 (Employer Nomination Scheme) and subclass 857 (Regional Sponsored Migration Scheme).]