Employing Legal Workers

Every Australian employer has a

legal obligation

to only employ legal workers.

Employing Legal Workers

Every Australian employer has a legal obligation to only employ legal workers. You may employ Australian citizens. Special laws apply to non-citizens.

It is a crime to

• Allow a person to work (for you, or your company)
• Refer a person to work (for someone else)
• Coerce, influence, or pressure a person to work

without a visa, or in breach of their visa conditions.

Severe Penalties

The penalty (per offense listed above) is 2 years gaol for a person, $120K fine for a company. If there is exploitation the penalty goes up to 5 years gaol for a person, $300K fine for a company.

Company executives can bear

• Criminal liability for breaches of these laws (‘executives’ means company directors, CEOs, CFOs and Company Secretary). If the executive should have known the company may breach these laws and failed to take all reasonable steps to prevent that happening, they can be prosecuted. The penalty is a fine equal to 1/5 of the corporate rate above, with a conviction recorded.
• Civil liability as well, with fines of up to $80K per breach.

Before You Employ

Confirm the person has the right to work for you. This is quick and easy to do, and very important. All Australian employers have a legal obligation to check people they intend to employ (even casuals and contractors) have appropriate work rights. There are harsh penalties (mentioned above) for just allowing someone to work without work rights, or in breach of their visa conditions. Immigration provides an online system so employers can easily check the status of prospective employees before employing them. I strongly recommend you use it, every time. It only takes a few seconds and gives you confidence that you are complying with the law. Access it here: https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions

Recheck Visa staff 3-monthly

You should recheck current staff on a visa every 3 months to make sure their visa has not expired, or been cancelled, or been replaced by a visa with different work rights. Staff won’t always update you, especially if it is to their disadvantage. You don’t have to check every day. One quick check every 3 months is enough to show Immigration that you are taking your legal obligations seriously.

Caution!

This page is general information only, and it is a simplification. It is a conversation-starter, not legal advice. It does not take your circumstances into account. Laws can and do change. If you think this information may apply to you, get legal advice about your situation.