The Act, aimed at tightening the regulatory regime governing the employment of non Australian citizens and permanent residents, carries new no-fault provisions which essentially removes the defence by employers who may have argued they were not aware of the issue and were not reckless in being unaware of the issue.
Employers found in contravention of the new legislation may be liable for civil penalties or face an infringement notice. Corporate officers including CEOs, CFOs and company directors can now be held individually liable for immigration compliance breaches within the business.
As a result, there is an even greater need for businesses to implement measures to ensure that foreign nationals are not allowed to work without entitlement or in breach of visa conditions.
Employers should ensure appropriate systems and procedures are in place before 1 June 2013 to avoid possible penalties.
This Migration Newsflash includes full details and implications for businesses.
- Statutory defences can either be carried out by the employer directly, or in the case of those referred via labour hire or recruitment firms, by these other parties.
- Companies relying on labour hire and/or recruitment firms to conduct these necessary checks for any referred employees should ensure that this is clearly stated in any service agreements they have in place.