On 1 June 2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 and also the Migration Amendment Regulation 2013 (No. 3) arrived to effect.
The Act introduces new civil penalties for Australian employers that employ workers from overseas who aren’t permitted to operate, or employ overseas workers in breach of labor-related visa conditions.
Underneath the new laws and regulations, employers are liable even when they don’t realize that a staff isn’t permitted to operate or has work-related visa conditions.
Employers can also be liable whether or not the illegal worker was known them by a work agency.
Executive officials of companies (company directors, secretaries, CEOs and CFOs) can also be liable if they don’t take all reasonable steps to avoid the organization from employing illegal workers.
However, if employers can be they required “reasonable steps at reasonable occasions” to ensure their personnel are permitted to operate around australia without breaching their visa conditions, they’re not going to be liable.
Employing non-Australian workers – the fundamentals
Australian citizens and Nz citizens who reside in Australia are permitted to operate around australia.
Foreign people have to hold a visa to legally enter or stay in Australia.
Some visas do not let the visa holder to operate whatsoever. Other visas have work-related problems that restrict the kind or work load the visa holder can perform.
It’s illegal to permit a non-citizen who not hold a visa to operate.
It’s illegal to permit a non-citizen who holds a visa to operate in breach of the work-related condition of the visa.
It’s illegal to touch on a non-citizen for work if they don’t hold a visa or maybe it breaches a piece-related condition of the visa.
Employers who’re visa sponsors have additional obligations that aren’t worked with in the following paragraphs. It’s an offence to breach individuals sponsorship obligations.
Penalties and fines for employers
The brand new civil penalties for employers vary from $1,530 for people and $7,650 for businesses for any first violation notice to some maximum civil penalty of $15,300 for people and $76,500 for businesses.
There’s also criminal penalties including jail time and substantial fines for employers who understood, or were reckless whether the staff member wasn’t permitted to operate or had work limitations.
The brand new laws and regulations require Australian employers to consider “reasonable steps at reasonable occasions” to ensure their personnel are permitted to operate around australia without breaching their visa conditions.
Australian citizens, permanent residents or Nz citizens
Prior to getting workers who tell you they are Australian citizens, Australian permanent residents or Nz citizens, employers should inspect official documents that verify the worker’s citizenship status.
Workers from overseas
Prior to getting overseas workers, employers should check their visa details AND work-related visa conditions around the Department of Immigration and Citizenship’s Visa Entitlement and Verification Online (VEVO) computer system.
Temporary visas – employers should note the visa expiry date of workers who hold temporary visas and appearance VEVO again soon after that date to guarantee the workers happen to be granted a brand new visa and appearance for just about any work-related visa conditions.
Bridging visas are short-term visas without any fixed expiry date usually granted as the visa holder awaits the end result of the visa application. Employers should check VEVO regularly to make sure that workers who hold bridging visas still hold a visa and appearance for just about any work-related visa conditions.