New Penalties for Employing Illegal Overseas Workers in Australia

On 1 June 2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Migration Amendment Regulation 2013 (No. 3) came into effect WhatJobs.

The Act introduces new civil consequences for Australian employers that employ employees from distant places who are not allowed to paintings, or employ distant places workers in breach of labor-related visa situations.

Under the brand new legal guidelines, employers are liable even though they do now not recognize that a employee isn’t allowed to paintings or has work-related visa conditions.

Employers will also be dependable despite the fact that the illegal employee changed into mentioned them through an employment company.

Executive officers of groups (directors, secretaries, CEOs and CFOs) will also be dependable if they do no longer take all reasonable steps to prevent the organization from using unlawful workers.

However, if employers can prove that they took “affordable steps at affordable instances” to affirm that their workers are allowed to work in Australia without breaching their visa conditions, they may now not be responsible.

Employing non-Australian people – the fundamentals

Australian citizens and New Zealand residents who live in Australia are allowed to paintings in Australia.

People from different countries need to preserve a visa to legally input or stay in Australia.

Some visas do not allow the visa holder to paintings at all. Other visas have work-related situations that restriction the kind or amount of work the visa holder can do.

Offences

It is illegal to permit a non-citizen who does not preserve a visa to work.

It is unlawful to permit a non-citizen who holds a visa to paintings in breach of a work-related circumstance of their visa.

It is unlawful to refer a non-citizen for work if they do now not preserve a visa or if it breaches a work-associated situation of their visa.

Employers who are visa sponsors have additional obligations that are not dealt with in this article. It is an offence to breach those sponsorship obligations.

Penalties and fines for employers

The new civil penalties for employers variety from $1,530 for individuals and $7,650 for organizations for a primary infringement observe to a maximum civil penalty of $15,three hundred for individuals and $seventy six,500 for organizations.

There also are criminal penalties such as imprisonment and tremendous fines for employers who knew, or were reckless as to whether the employee became now not allowed to paintings or had paintings regulations.

Required checks

The new legal guidelines require Australian employers to take “affordable steps at reasonable instances” to affirm that their workers are allowed to paintings in Australia with out breaching their visa situations.

Australian residents, permanent citizens or New Zealand residents

Before using employees who claim to be Australian citizens, Australian everlasting residents or New Zealand residents, employers have to check out legitimate documents that confirm the worker’s citizenship status.

Workers from foreign places

Before employing distant places workers, employers need to take a look at their visa information AND work-associated visa conditions on the Department of Immigration and Citizenship’s Visa Entitlement and Verification Online (VEVO) computer device.

Temporary visas – employers should be aware the visa expiry date of workers who maintain temporary visas and test VEVO again straight away after that date to make sure the people had been granted a brand new visa and test for any paintings-related visa conditions.

Bridging visas are quick-term visas and not using a fixed expiry date usually granted even as the visa holder awaits the outcome of a visa software. Employers ought to test VEVO regularly to make sure that employees who maintain bridging visas keep to maintain a visa and test for any work-associated visa situations.

Workers referred by using contractors or labour lease groups

On 1 June 2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Migration Amendment Regulation 2013 (No. 3) got here into effect.

The Act introduces new civil consequences for Australian employers that hire
employees from remote places who are not allowed to paintings, or employ remote places workers in breach of labor-associated visa situations.

Before using people referred by means of a third party, employers must get written verification that they are allowed to paintings in Australia and whether they’ve any work-associated visa situations.

Recordkeeping

The onus is on employers to show that they took affordable steps to affirm that their people are allowed to work in Australia with out breaching their visa situations.

It is consequently vital that employers preserve statistics of all exams that they do together with the dates they do them and to hold copies of any related files along with passports that they check out.

Duties of government officials

Executive officials of corporations should take all reasonable steps to make sure the organisation complies with all laws relating to employing non-Australian people.

All of the employer’s personnel, dealers and contractors who’re from overseas or who’re concerned in hiring, rostering or supervising employees from overseas have to accept any essential education to make certain that the organization does now not appoint distant places employees in breach of labor-associated visa conditions.

Written via Registered Migration Agent Svenja Greer from Australia Direct Visas and Migration

The crew at Australia Direct can give recommendation and assistance to Australian employers who desire to rent overseas employees, inclusive of:
•recommendation about sponsorship duties
•assistance with preparing & lodging sponsorship & nomination packages

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