Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631667034.pdf (Australia)
The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 Introduction Who we are The Australian Association of Social Workers (AASW) is the professional body representing more than 11,000 social workers throughout Australia.

We set the benchmark for professional education and practice in social work and advocate on matters of social inclusion, social justice, human rights and issues that impact upon the quality of life of all Australians.
The Social Work Profession Social work is a tertiary-qualified profession recognised nationally and internationally, and is committed to pursuing social justice and human rights.

Principles of social justice, human rights, collective responsibility, and respect for diversity are central to the profession, and are underpinned by theories of social work, social sciences, humanities and Indigenous knowledges.
Professional social workers consider the relationship between biological, psychological, social, and cultural factors and how they influence a person’s health, wellbeing and development.

Social workers work with individuals, families, groups and communities.

They maintain a dual focus on improving human wellbeing and identifying and addressing any external issues (known as systemic or structural issues) that detract from wellbeing, such as inequality, injustice and discrimination.
AASW’s role as an assessing authority: The AASW is the key professional body representing social workers in Australia and is responsible for the accreditation of university social work programs.

To be a qualified social worker in Australia, a person is required to hold tertiary qualifications in social work; and it is graduates of AASW accredited social work courses who are eligible for membership of the AASW.
In 1998 the Australian Government recognized the Australian Association of Social workers (AASW) as an Assessing Authority to assess the international qualifications and skilled employment of overseas trained social workers for migration purposes to Australia.
This requires that an applicant’s overseas social work qualification is assessed as to whether it is comparable to an Australian AASW accredited Bachelor of Social Work or Master in Social Work (Qualifying)-both of which are qualifications for entry to practice as a social worker.

Our submission The occupation of social worker is defined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) Code 272511; and is included in the Medium and Long-term Strategic Skills List (MLTSSL).
Therefore, employers can source overseas trained social workers to fill medium term critical skills shortages.

AASW is aware that when the new TSS visa was implemented, at least one state government department informed overseas trained social workers that they no longer needed to have their qualifications assessed by the AASW before they applied for a short-term stream visa.

Many applicants withdrew their applications from the AASW assessment process at that time.
2 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 Response The AASW maintains an unwavering commitment to ensuring that vulnerable people with whom social workers engage receive individualized, effective, multi-facetted response to their needs.
The AASW ‘s position is that the same exacting requirements placed on Australian graduates to practice as a qualified social worker must be replicated for anyone entering Australia and wishing to work as a social worker.
This submission on the effectiveness of the current temporary skilled visa system concentrates on the adequacy of current skilled visa enforcement arrangements in 7 areas: a) Skills and qualifications requirements b) Employment background requirements c) English language requirements d) Employer sponsorship requirements e) Health and character requirements f) Age g) Internationally trained workers in Australia requirements a) Skills and qualifications requirements; • The temporary skill shortage (TSS) visa - medium term stream can be accessed by employers to source overseas workers to fill medium term critical skills listed on the Medium and Long-term Strategic Skills List (MLTSSL).
The occupation of social worker is on this list.

The fact that the temporary skill shortage visa (TSS) is targeted and aligned to the Medium and Long-term Strategic Skills List (MLTSSL), is positive as it enables the employment of social workers by employers with unfilled social work positions.

Therefore, the AASW supports its inclusion.

• However, only some TSS visa applicants must undergo a mandatory skills assessment as part of the visa application process.
For the occupation of social worker, a qualification skills assessment is not required of the prospective employee.

For example, the position of Advanced Child Protection Worker does not require this, despite widespread professional recognition that a social work qualification is the most appropriate minimum standard.

In all states and territories of Australia the child protection system is under pressure.
States governments in Australia, particularly in Victoria, are committed to funding a large increase in the child protection workforce; and the TSS visa is an avenue they are using to address this issue.

Whilst the AASW welcomes this decision, workforce skill level and quality remain important.
The AASW submits that a minimum requirement is that overseas trained social workers providing services in Australia have completed an accredited social work degree, can demonstrate that they have the required social work skills and maintain their competencies.

• From knowledge and precedent of current AASW assessments, the AASW is aware of overseas social work qualifications which do not meet the AASW international qualification assessment standards.
Additional relevant study or supervised work experience may be required for some graduates, for instance from Canada (if one holds a Bachelor of Social Work-BSW); United States of America (if a person holds a Bachelor of Social Work-BSW); Nepal, Philippines, Poland, Singapore, and South Africa.

Therefore, there should be some concern about employers recruiting social workers from these countries for social work roles through a TSS visa.
• Although holders of temporary skill shortage visa (TSS) will be eligible to apply for permanent residence after three years, at no point during the 3-year period is an assessment required of the employees’ qualification to ascertain whether it is comparable with an Australian accredited social work course.
3 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 Recommendation • Legislative instruments should focus more tightly on the assessment of qualification and skills in the recruitment for the TSS visa for social worker roles.

• That the legislation retain the requirement that a prospective TSS visa holder can demonstrate that they have submitted an application to the assessing body (AASW) for an assessment of their skills and qualifications.
b) Employment background requirements • The AASW supports the requirements that applicants for a TSS visa must demonstrate that they have at least 2-years work experience in the occupation or a related field.

The AASW also supports the stipulation that such work experience must be competed while working in the nominated occupation or performing tasks at the same skill level in a related field on a full-time basis in the last 5 years.
The ANZSCO nominated occupation of social work defines the relevant tasks and the fact that the experience must be accumulated in the past 5 years ensures currency of competencies from demonstrated skilled professional experience as a social worker.

Therefore, the requirement of previous experience of the employment of overseas trained social workers is supported by the AASW.
• The fact that holders of temporary skill shortage visa (TSS) will be eligible to apply for a substantive visa either independently or sponsored by an employer for permanent residence after a minimum of three years’ work experience, and that a skills assessment must occur, is also supported by the AASW.

c) English language requirements: • TSS primary applicants are required to demonstrate that they meet certain minimum standards of English language proficiency unless exemptions apply.
The tests to determine level of English language proficiency as indicated in the legislative instruments are: IELTS, OET, TOEFLiBT, PTE and CAE.

• The TSS visa legislative instruments for proficiency in the English language states that a higher level of English might be required for certain occupations where it is a requirement for registration, licensing or membership.
Although the registration of social workers in Australia is not mandatory, an assessment to determine eligibility for AASW membership can be included as a requirement for employment purposes.

The AASW supports the inclusion of requirements for English language proficiency in the TSS visa legislative instruments.
• The AASW requires that applicants show evidence of English Language proficiency either by gaining a successful IELTS Academic Test (in contrast to the General test) score of a minimum of 7 in all four components of the test in a single attempt.

This contrasts with the TSS visa where the visa holder is only required to gain an overall band score of minimum 5 in the IELTS General Test and thus not aligned to the AASW English Language Policy requirements.
• Notwithstanding the above, the TSS visa legislative instruments for proficiency in the English language states that exemptions exist for some TSS visas.

Such exemptions are not aligned to the AASW English Language Policy (ELP) exemptions.
The AASW ELP states that an exemption to sitting the IELTS Academic Test can only occur if the applicant has completed all their secondary education; that it was taught and successfully completed in English; AND that a minimum of a 3-year bachelor’s degree was also taught and successfully completed in English.

These requirements must have been completed in New Zealand, Australia, Canada, Republic of Ireland, United Kingdom, United States of America and South Africa.
• The TSS visa holder exemptions state that the TSS visa holder does not need to demonstrate English language proficiency if they fall into one of the 5 categories of exempted persons which include: -being a passport holder of Canada, NZ, Republic of Ireland, UK or USA or 4 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 -completed 5 years of fulltime secondary or higher education institution/VET where instruction completed in English or -the occupation requires holding of a license, registration or membership and to be granted this demonstration of English language proficiency that is equivalent or better than the articulated test scores in the TSS visa legislative instruments.
• The TSS visa exemptions do not align with and are inconsistent with the AASW English Language Policy (ELP) exemptions.

An important aspect of the AASW English Language policy requirement relates to the meeting of Practice Standards.

This is to ensure the safety and protection of the public, that clients receive high quality services and are protected from unethical practice.
Requiring internationally trained social workers to meet the AASW English Language Policy requirements ensures that professional practice standards are met.

Recommendation That the legislation provides that a minimum score of 7 in all four components of the IELTS Academic (listening, reading, writing and speaking) test in the one sitting is required for the occupation of social work, unless the relevant exemptions apply.
d) Employer sponsorship requirements: • Employer sponsorship and the process, sponsorship obligations, monitoring and sanctions outlined in the TSS visa documentation are supported by the AASW, given the apparent focus on due diligence within such sponsorship requirements.

e) Health and character requirements: • The expectation to meet health and character checks is supported by the AASW.

Health and character checks are an important part of Australia’s migration and temporary visa program.
This conforms with the AASW professional standards and in turn, promotes the safety of the Australian public.

f) Age • The AASW supports the condition that no age requirement exists for TSS visas.

Whilst the permanent professional skilled visa program defines specific ages to receive specific points with 45 years of age being the absolute age, the TSS visa has no age limit.
This enables the employment of mature, experienced, qualified, professional social workers to be considered for employment up to 4 years and the possibility to be employed in supervisory/ managerial social work positions requiring advanced experience to mentor and support the professional development of younger, less experienced social workers.
g) Internationally trained workers in Australia requirements: • The AASW supports the condition imposed on internationally trained social workers who are living in Australia and hold a substantive or Bridging visa A/B/C if they wish to be considered for a TSS visa.

The AASW is concerned that prospective holders of working holiday visas may be applying for AASW qualification and skills assessment for migration purposes.
It is the understanding of the AASW that temporary working holiday visa should not be the avenue for permanent residency.

Conclusion The AASW has been an Assessing Authority since 1998.

The AASW supports employers in their employment of social workers using the TSS visa to the extent that it enables services to be provided for vulnerable people.
Nevertheless, the AASW has serious concerns over the adequacy of the eligibility requirements and enforcement arrangements in the current temporary skilled visa system.
5 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 The AASW submits that • the skills and qualifications requirements should be tightened to ensure that a qualification skills assessment is still required of a TSS visa holder if they wish to hold the occupation of social worker, and • except for the exemptions described above, the requirements for proficiency in the English language should remain at a minimum of 7 for all four components IELTS Academic test.
Both these are necessary to ensure that the vulnerable people with whom social workers engage receive the highest quality effective professional practice and the public is protected.

The AASW welcomes the opportunity to further discuss any of the points raised in this submission.
Submitted for and on behalf of the Australian Association of Social workers Ltd 6 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29 The effectiveness of the current temporary skilled visa system in targeting genuine skills shortagesSubmission 29