On 12 December 2011, the Minister for Immigration and Citizenship announced reforms to the sanctions regime for allowing non‑citizens to work (or referring for work) who do not have permission to work in Australia or who are working in breach of a visa condition. The existing criminal penalties will be supplemented with new ‘non-fault’ based civil penalty provisions and infringement notices. The proposal will establish an employer sanctions framework designed to maximise voluntary compliance and a graduated series of sanctions where the response can be tailored to the level of non compliance—from education and information, warnings, infringements and civil penalties to criminal prosecution for the most serious of breaches. Defences will be available where an employer/referrer took ‘reasonable steps’ to verify the employee’s work entitlements. The scope of potentially liable parties will be clarified. Also, new evidence gathering powers will be provided to officers of the Department of Immigration and Citizenship. Education and awareness campaigns will be launched prior to the commencement of the changes. The new laws will also be accompanied by changes to the Visa Entitlement Verification Online, or VEVO system, to improve access and usability. The Regulation Impact Statement was prepared by the Department of Immigration and Citizenship and has been assessed as adequate by the Office of Best Practice Regulation.
- Sanctions Reform: Employing or Referring Illegal Workers RIS – RTF version [
1.16 MB] - Sanctions Reform: Employing or Referring Illegal Workers RIS – PDF version [
570 KB]