Strengthening Employer Compliance Act

Migration Amendment (Strengthening Employer Compliance) Act 2024  will commence on 1 July 2024 and aims to improve employer compliance and protect temporary migrant workers from exploitation.

Key Features of the Act

The Strengthening Employer Compliance Act introduces several critical measures to protect workers and ensure employers adhere to ethical hiring practices.
 
These measures include:
 
Criminalising Coercion: It will become a crime to pressure or coerce someone into violating their work-related visa conditions such as forcing a visa holder to work beyond their limits associated with their visa.

Prohibiting Convicted Employers: Employers convicted under these new offences will face a ban on hiring further temporary visa holders for possible period of up to five years, ten years, or indefinitely, depending on the severity of the offence.

Public Disclosure: Much has been made of a list of sanctioned sponsors but it needs to be noted that this information is already available – https://www.abf.gov.au/about-us/what-we-do/sponsor-sanctions/register-of-sanctioned-sponsors#.

Enhanced Penalties: The Act significantly increases pecuniary and civil penalties to deter potential violators. Criminal penalties include up to two years imprisonment or fines of up to 360 penalty units (with each unit currently valued at $313), while civil penalties can reach up to 240 penalty units.

Empowering Authorities: Border Force (ABF) will receive increased powers and tools, including the ability to issue enforceable undertakings and compliance notices.

What does this mean for HR Managers ?
Make sure that you are aware of your sponsorship obligations and if you are not sure, please ask the Visa Executive team member with whom you work.