Employer Penalties - employing a non-citizen who is not allowed to work in Australia

Employer Penalties:

Since 2007, it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labor hire companies, employment agencies, and anyone who allows illegal workers to work, or refers illegal workers for work.

On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. Criminal penalties remain.

The new penalties apply where a person allows or refers:

• An unlawful non-citizen to work
• A lawful non-citizen to work in breach of a visa condition that limits or restricts work.

Maximum Penalties for Employees and Employers

Illegal Worker Warning Notice

Administrative Warning

Infringement
$3,060 fine for individuals
$15,300 fine for bodies corporate


Civil penalty
$15,300 fine for individuals
$76,500 fine for bodies corporate


Criminal offence
$20,400 fine and/or two years imprisonment for individuals
$102 000 fine for bodies corporate


Aggravated criminal offence
$51,000 fine and/or five (5) years imprisonment for individuals
$255,000 fine for bodies corporate


Note: All penalties are per illegal worker. An example of an individual would be a sole trader; a body corporate would be a company.