Employers sponsoring visa holders must be aware of impending changes to the Migration Act, set to take effect later this year. These amendments, prompted by recommendations from a Senate Legal and Constitutional Affairs Legislation Committee report released on August 31, 2023, aim to prevent the exploitation of temporary migrant workers within the migration framework.
The Migration Amendment (Strengthening Employer Compliance) Act 2024 introduces criminal offences and associated penalties for individuals who exert undue influence, pressure, or coercion on non-citizens to breach work related visa conditions or accept exploitative work arrangements.
Under these changes, the Minister will wield extensive powers, including the authority to prohibit certain employers from hiring additional non-citizens and the ability to publicise information about prohibited employers. Furthermore, enforceable compliance notices may be used when officers suspect a breach of work or sponsorship related offences.
Violations of the Act’s requirements may lead to legal action and substantial financial penalties. It is incumbent upon employers to familiarise themselves with these amendments and assess whether the business practices require clarification, amendment, or discontinuation. A thorough understanding of the duties associated with sponsored worker roles is essential to ensure compliance with relevant laws, potentially necessitating audits.
Employers should also consider seeking legal advice if they do not fully comprehend the implications of the changes or if audits reveal areas of potential risk that require attention. Compliance with these amendments is crucial to uphold the integrity of the visa system and protect the rights of temporary migrant workers.
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