Penalties for Employers Engaging Illegal Workers

A wide range of possible penalties can apply for employers engaging overseas workers illegally (ie in breach of visa conditions):

  • 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 requesting payment of a fine. This does not require the Department to undertake court proceedings, and the fine will stand unless the business can provide evidence in defence.
  • Proceedings for Civil Penalty Order – The Department can also undertake civil proceedings for offences. This can result in a higher fine for the business, as well as the additional costs and inconvenience of undertaking court proceedings.
  • Criminal Proceedings – For serious or repeated offences, criminal proceedings can be undertaken. In this case, the Department would need to show intention or recklessness on behalf of the business. Higher fines are applicable, as well as possible imprisonment of up to 2 years for each offence.
  • Aggravated Offence – These are criminal offences which apply where there has been exploitation of workers (e.g. forced labour, sexual servitude or slavery). Imprisonment of up to 5 years is possible for these offences.

The penalties and process for each level of offence are summarised below:

  Infringement Notice Civil Penalty Order Criminal Offence Aggravated Offence
How Enforced Issued by DIPB Civil Court Proceedings Criminal Court Proceedings Criminal Court Proceedings
Fault Element None None Knowledge or Recklessness Knowledge or Recklessness
Fine – Corporate $18,900 $94,500 $126,000 $315,000
Fine – Individual $3,780 $18,900 $25,200 $63,000
Other     Up to 2 years’ imprisonment Up to 5 years’ imprisonment

Note that these penalties apply for each offence – if a number of workers are detected working illegally, the fines could be very significant indeed.

References

Home Affairs – Legal Workers – a Guide for Employers

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