Australia: Stricter Compliance Enforcement and Penalties Now in Effect

There has recently been a notable increase in compliance and enforcement activity by the Australian Border Force (ABF) and Fair Work Ombudsman (FWO) following the implementation of new employer compliance legislation in July 2024, which granted expanded enforcement powers. Many businesses in Sydney, Melbourne, and Hobart have experienced unannounced inspections by the ABF and FWO or received formal monitoring requests to assess compliance with sponsorship obligations related to 482 visa holders, right-to-work verification requirements, and broader immigration regulations. Several employers across various industries have been sanctioned, leading to sponsorship cancellations, bans on sponsoring foreign workers lasting between three months and three years, and, in some cases, infringement notices with fines ranging from AUD 9,390 to AUD 16,500.

Additionally, the Department of Home Affairs has intensified its enforcement efforts against sponsors who fail to notify the Department of certain events within the required 28-day timeframe. The Department has started issuing Notices of Intention to Take Action (NOITTA) to sponsors for failing to report changes such as company name updates, new director appointments, or modifications to work duties within the prescribed period. Consequences for these breaches may include administrative warnings, infringement notices, sponsorship bars, or even sponsorship cancellations.