vSure Visa and Work Rights Compliance Blog

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“OUCH” Hefty Penalties for Hiring Unlawful Workers

Fines
The 2013 Employers Sanctions Act gives the Department of Home Affairs a wide range of possible sanctions which can be imposed on employers and agencies: Warning – generally an Illegal Worker Warning Notice (IWWN) will be issued on the first offence Infringement Notice – if the conduct continues, the Department can issue an infringement notice

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“Don’t do it” ~ The Immigration Blacklist

Immigration Blacklist
Most employer sponsored visas require the business to show that there is no “adverse information” or that the business has a “record of compliance” with Australian immigration laws for approval. If your business has been non-compliant, this can result in being locked out of employer sponsored visa programs. If your business has engaged staff in

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Hiring Temporary Residents – Is Your Recruiter Compliant?

Under the Employer Sanctions Legislation of 2013, recruiters commit an offence if they refer candidates without appropriate work rights. In other words, recruiters should be checking visa conditions for any temporary residents they refer through to a business. Failure to do so can result in infringement notices of $15,000 or more – for each person

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Directors and Company Officers Personally Liable for Illegal Workers

Under the 2013 Employer Sanctions Legislation, Directors and Company Officers can be personally liable if their business is engaging illegal workers. The legislation extends offences to “Executive Officers” of companies where the business has committed an offence. Under the new legislation, “Executive Officers” include: Directors of companies Chief Executive Officers Chief Financial Officers Company Secretaries

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Employers face “No Fault” fines for engaging illegal workers

The Migration Amendment (Reform of Employer Sanctions) Act 2013 allows Immigration to clamp down on illegal work practices. The 2013 Act introduces a “no fault” system for civil penalties. This means that penalties will apply if a business engages workers illegally regardless of whether the business was actually aware of this. An “infringement notice” system

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Audit exposes serious flaws on tracking visa holders breaching their conditions

The Australian National Audit Office has released a report on the Department of Home Affairs’ ability to manage compliance with visa conditions. The report found that budget cuts had compromised the Department of Home Affairs effectiveness on tracking people overstaying and working in breach of their visa conditions. Recommendations in the report include: Improving the

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Make Checking Your Employee Visa Status Easy

It can be an arduous, costly, and time consuming task to individually check the visa status of all your non-citizen and non-permanent resident employees. It’s also easy to forget that you need to check the visa status of your employees on a regular basis – not only at the start of their employment. Making one simple mistake

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Does Your Recruitment Strategy Protect You From Penalties?

Recruiters and Labour Hire Companies
Employing people without the correct visa status in Australia is a serious problem and prevalent in political discourse.  The Employer Sanctions Legislation has made it clear that businesses and individuals who are found to have illegal workers will receive serious penalties. So what happens if you use a recruitment company for your hiring processes? What

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How Do I know if my Employees have Citizenship or Permanent Residence in Australia?

These are the types of identification that are acceptable to prove citizenship or permanent residence in Australia: Australian passport New Zealand passport Australian citizenship certificate plus photo ID Australian birth certificate plus photo ID Certificate of resident status plus photo ID Certificate of Status for New Zealand Citizens in Australia (CSNZCA) plus photo ID We

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Case Study – How are HR Managers Affected?

Karen works as an HR Manager for xCorp. She loves her job – dealing with people, the constant variety and learning, as well as the ability to really make a difference. What she hates is suddenly finding out at the last minute that a key staff member is no longer able to work due to

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