Navigating Australia’s Recent Immigration Changes: Assessing Compliance Risk and Monitoring Readiness

The onset of a new financial year typically heralds immigration adjustments, and 2024 is no exception.

New Legislation Targeting Employer Compliance

To combat migrant worker exploitation, the Australian Government implemented the Migration Amendment (Strengthening Employer Compliance) Act 2024 on July 1. Key provisions include:

• • • Introduction of criminal offenses for coercing individuals into work arrangements;
    • Authority to prohibit employers from hiring more migrant workers for a period following certain immigration or employment related breaches; and
    • Enhanced penalties and compliance measures, like compliance notices and enforceable undertakings for Right to Work violations.

In support of this legislation, the Department of Home Affairs (the Department) has bolstered its intelligence and compliance capabilities, alongside implementing stricter post-arrival monitoring to ensure employees are paid at least their nominated earnings.

Educational Campaign and Enhanced Monitoring

The Australian Border Force's (ABF) Sponsor Monitoring Units have conducted an educational campaign for sponsors nationwide, raising awareness of sponsorship obligations and informing them of their obligations under the Strengthening Employer Compliance legislation. Increased monitoring and enforcement activities are now expected.

Preparation and Protocol Implementation

Employers are advised to establish internal protocols for ABF site visits promptly and ensure relevant information can be provided to the ABF officers without delay. In case of monitoring, the Department typically requests, within 14 days:

1. 1. 1. Organizational chart;
      2. List of all visa-holding employees;
      3. Details of any sponsored employees who have ceased employment;
      4. Updates on business circumstances since the last sponsorship approval;
      5. Disclosure of adverse information; and
      6. Documentation for selected visa holders, such as employment contracts, payslips, leave records, evidence of market rates, etc.

Assessing Compliance Risk and Monitoring Readiness

Evaluate your readiness for a potential ABF monitoring using our checklist below. The checklist can also help you to identify key risk areas and actions required to mitigate these risks to protect the business from consequences of non-compliance. 

Need to Know More?

Fragomen can assist with reviewing the current state of your immigration program and compliance and assess the business’ readiness to respond to a monitoring request. We can also help with developing immigration policies, conduct training for your HR teams and implement an automated VEVO check solution via our proprietary tool, WorkRight. Please contact [email protected] to learn more.

This blog was published on 5 July 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.