Australian Immigration Daily News

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument amends the Migration Regulations 1994 (the Migration Regulations) to:

- facilitate the grant of further working holiday maker (WHM) visas to certain holders and former holders of those visas in Australia who have been affected by the COVID-19 pandemic;

- establish an instrument-making power for the Minister to exempt holders of certain passports from meeting 'specified work' requirements when they apply for a second or third WHM visa; and

- introduce statutory procedural fairness processes for employers whom the Minister is considering specifying as an 'excluded employer' for the purpose of 'specified work' under the WHM program.

The main purpose of the WHM program is to build people-to-people and cultural links between Australia and partner countries. Arrangements under the WHM program, including some eligibility requirements such as the age range for participants, are established on a bilateral basis between Australia and the relevant partner country or jurisdiction. While WHM visa holders can choose to supplement their holiday with short-term employment, employment is not the primary objective of the visa. However, WHM visa holders have become an important source of labour, particularly in regional Australia.

Source: Migration-Amendment-Subclass-417-and-462-Regulations-2022.pdf and Migration-Amendment-Subclass-417-and-462-Regulations-2022-Explanatory-Statement.pdf