Immigration experts in Australia and NZ

Protecting Foreign Workers from Exploitation

The Government is moving to protect foreign workers from exploitation by employers. The plans include listing certain employers as ‘prohibited employers, barring them from employing and/or sponsoring foreign workers. Criminal and other prosecution of prohibited employers who breach these proposed amendments may occur.

If working for an ‘excluded employer’, 417 and 462 visa holders will be prevented from using this work for eligibility for further applications for a second or third working holiday visa.

The draft of a new Bill has been released for public consultation by 16 August 2021 and include the following key proposals aimed at deterring unscrupulous employers, informing potential migrant workers, providing increased visibility of employers using the migrant workforce and equipping the ABF to meet compliance expectations.

  1. New criminal offences in relation to the coercion or the exertion of undue influence or pressure on a migrant worker in relation to a work arrangement in certain circumstances
  2. Provisions to prohibit employers declared as ‘prohibited employers’ from employing additional non-citizen workers
  3. Positive obligations on employers and other parties in the employment chain to use the relevant departmental system to verify a non-citizen’s immigration status and visa conditions prior to employing or referring a non-citizen for work
  4. Aligning and increasing penalties for work-related breaches and related offences
  5. New compliance tools for the ABF to support behavioural change

For any inquiries

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