It is the responsibility of the business to ensure that their employees are allowed to work in Australia.
On 1 June 2013 there were amendments to the legislation that broadens those people that can be found responsible for employing illegal workers.
The changes to the legislation also gives the government greater powers to obtain evidence and introduces not only harsher but more far reaching penalties.
It is the responsibility of the business to take reasonable steps to determine whether a worker is able to work in Australia. It is irrelevant that the workers are sourced directly or through a contractor or a labour hire company.
The fines range from $3,060 per illegal worker for an individual up to $255,000 for a corporation, again per illegal worker. What can you do to ensure that a non-citizen is able to work:
- sight an Australian or New Zealand passport;
- sight an Australian or New Zealand birth certificate;
- use the Department of Immigration and Citizenship Visa entitlement and
verification online services (VEVO); - sight the worker’s passport that has a valid work Visa label.
Copies of all documentation that you sight need to be kept.
It is imperative that workers are checked to ensure that they are able to work in Australia as the penalties are great.
If you need assistance in this regard, please call us as Helping You is Our Business.
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