Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person:
(a) who is an occupational trainee sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 442 (Occupational Trainee) visa (the identified visa holder or applicant ).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the occupational trainee sponsor are the criteria set out in:
(a) subregulation (3); and
(b) 1 of subregulations (4), (5) and (6).
(3) The Minister is satisfied that the person making the nomination is an occupational trainee sponsor.
Occupational training required for registration
(4) The Minister is satisfied that:
(a) the nominated occupational training is necessary for the identified visa holder or applicant to obtain registration, membership or licensing in Australia or in the home country of the identified visa holder or applicant in relation to the occupation of the identified visa holder or applicant; and
(b) the registration, membership or licensing is required in order for the identified visa holder or applicant to be employed in the occupation of the identified visa holder or applicant in Australia or in the home country of the identified visa holder or applicant; and
(c) the duration of the occupational training is necessary for the identified visa holder or applicant to obtain registration, membership or licensing in Australia or in the home country of the identified visa holder or applicant in relation to the occupation of the identified visa holder or applicant, taking into account the prior experience of the identified visa holder or applicant; and
(d) the identified visa holder or applicant has appropriate qualifications, experience and English language skills to undertake the occupational training.
Occupational training to enhance skills
(5) The Minister is satisfied that:
(a) the nominated occupational training is:
(i) a structured workplace training program; and
(ii) specifically tailored to the training needs of the identified visa holder or applicant; and
(iii) of a duration that meets the specific training needs of the identified visa holder or applicant; and
(b) the nominated occupational training is in relation to an occupation specified by the Minister in an instrument in writing for this paragraph; and
(c) the identified visa holder or applicant has the equivalent of at least 12 months full-time experience in the occupation to which the nominated occupational training relates in the 24 months immediately preceding the time of nomination.
Occupational training for capacity building overseas
(6) The Minister is satisfied that:
(a) the nominated occupational training is not available in the home country of the identified visa holder or applicant; and
(b) 1 of the following requirements is met:
(i) the nominated occupational training is supported by a government agency in Australia or a government agency in the home country of the identified visa holder or applicant;
(ii) the identified visa holder or applicant is required to complete a period of no more than 6 months of practical experience, research or observation to obtain a qualification from a foreign educational institution; or
(iii) the identified visa holder or applicant:
(A) is a student of a foreign educational institution; or
(B) has graduated from a foreign educational institution during the 12 months preceding the time of nomination;
and the nominated occupational training is to undertake research in Australia that is closely related to the course in which the student is or was enrolled at the foreign educational institution; and
(c) the nominated occupational training is a structured workplace-based training program specifically tailored to the identified visa holder or applicant; and
(d) the nominated occupational training will give the identified visa holder or applicant additional or enhanced skills in the occupation to which the nominated occupational training relates; and
(e) the identified visa holder or applicant intends to return to his or her home country after successfully completing the nominated occupational training.