Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 140E (1) of the Act, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a professional development sponsor is that the Minister is satisfied that:
(a) the applicant is an Australian organisation or a government agency; and
(b) the applicant:
(i) is a party to a professional development agreement that meets the requirements mentioned in subregulation (2); and
(ii) the agreement is in force at the time of the Minister's consideration of the application; and
(c) the applicant is offering to conduct a professional development program that satisfies the requirements mentioned in subregulation (3); and
(d) the applicant has demonstrated an overall capacity to conduct a professional development program involving primary sponsored persons; and
(e) the applicant:
(i) has the capacity to meet its financial commitments; and
(ii) has paid any security requested by an authorised officer under section 269 of the Act; and
(f) each of the parties to the professional development agreement has the capacity to meet its financial commitments; and
(g) if an overseas employer that is a party to a professional development agreement with the applicant has previously been required to comply with the immigration laws of Australia -- the overseas employer has a satisfactory record of compliance; and
(h) either:
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant.
Note for paragraph (h) The meanings of associated with and adverse information are explained in subregulations 2.57 (2) and (3).
(2) A professional development agreement must meet the following requirements:
(a) the parties to the agreement must include:
(i) a person (the applicant ) intending to apply for approval as a professional development sponsor who is:
(A) an Australian organisation that has operated in Australia continuously for a period of 12 months immediately prior to the making of the agreement; or
(B) an Australian organisation that has been approved by the Minister for the purpose of this sub-subparagraph; or
(C) a government agency; and
(ii) an overseas employer of a person intended to be a primary sponsored person;
(b) the applicant under subparagraph (a) (i) must be an Australian organisation or a government agency;
(c) the agreement must specify the person or persons responsible for paying the participant costs of a primary sponsored person;
(d) the agreement must not require a primary sponsored person to pay the costs of the tuition of a professional development program;
(e) the agreement must specify:
(i) particulars of the professional development program to be provided by the professional development sponsor; and
(ii) particulars of any other matter to be provided by the professional development sponsor; and
(iii) the roles of each of the parties to the agreement; and
(iv) the duration of the agreement; and
(v) particulars of the conflict resolution arrangements under the agreement, including arrangements for the mediation of disputes; and
(vi) particulars of any arrangements for the subcontracting of the delivery of any part of the professional development program; and
(vii) particulars of the arrangements for insurance relating to the professional development sponsor; and
(viii) particulars of the arrangements for the recovery of costs if the professional development sponsor, or any other provider of the professional development program, ceases operations for any reason; and
(ix) a description of the characteristics of the person or persons the overseas employer proposes to select as proposed primary sponsored persons, and how the proposed primary sponsored persons will be selected;
(f) if it is intended that a primary sponsored person will pay some of their participation costs -- the agreement must contain:
(i) a statement that the proposed primary sponsored person will be expected to meet the costs specified in the agreement; and
(ii) a declaration from the overseas employer that only an employee that the employer is satisfied is able to meet the costs specified in the agreement will be selected as a primary sponsored person;
(g) the agreement must be signed and dated by an authorised representative of each party to the agreement.
(3) A professional development program must meet the following requirements:
(a) the program must be relevant to, and consistent with, the development of the skills of the managers or professionals, or both, that it is proposed will participate in the program;
(b) the program must provide skills and expertise relevant to, and consistent with, the business and business background of a proposed primary sponsored person's overseas employer;
(c) the duration of the program must not exceed:
(i) 18 months; or
(ii) if the Secretary is satisfied that exceptional circumstances exist that warrant an extension of the period of the program -- a longer period approved by the Secretary;
(d) the primary form of the program must be the provision of face-to-face teaching in a classroom or similar environment;
(e) the primary content of the program must not be a practical component;
(f) any practical component of the program:
(i) must not exceed 7 hours in any day and 35 hours in any week; and
(ii) must not adversely affect the Australian labour market; and
(iii) must require or involve the payment of remuneration to a proposed primary sponsored person only by the proposed primary sponsored person's overseas employer.