Increased scrutiny to organisations employing visa holders to commence 1 July 2024
The Migration Amendment (Strengthening Employer Compliance) Act 2024 received royal assent on 20 February 2024 and will come into effect on 1 July 2024.
This is an important reminder for organisations employing visa holders to ensure they are complying with their sponsorship obligations, maintaining National Employment Standards and ensuring equivalent terms and conditions are being provided to visa holders working for them.
What does this law mean?
The Act has included the following measures:
- Making it a crime to coerce or unduly pressure a person into breaching their work-related visa conditions.
- Preventing, for a specific period of time, employers that have been convicted of these offences from hiring further temporary visa holders.
- Publishing the names of these prohibited employers on the Home Affairs website significantly increasing the pecuniary and civil penalties as a deterrent.
- Provide increased power and tools to the ABF including issuing enforceable undertakings and compliance notices.
- Repeal s235 of the Migration Act which currently makes it an offence for a VH to breach work conditions or unlawful citizens who work, to encourage victims to report exploitation.
- Prescribe matters that can be taken into account for visa cancellations in circumstances related to these situations to avoid cancellation.
Further Information & Assistance
If you have any questions in relation to your obligations as an organisation employing visa holders, please contact our office on 1300 083 843 or submit an online enquiry.