Employment Workplace Relations
Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.
Corporate and Business Law
The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.
Dispute Resolution ( Litigation)
Nevett Ford has wide experience in all manner of litigation.
Mediation
Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.
Property Law
Nevett Ford has been conveying Victorian property for more than 150 years.
Thursday, 23 October 2014
Subclass 457 business sponsors - penalties, sanctions & enforcement
Wednesday, 22 October 2014
$15m Premium Investor Visa (PIV) update
The PIV would offer a more expeditious pathway for international investors to permanent residency as compared to the existing Significant Investor Visa (SIV). Under the PIV a 12 month pathway to permanent residency would be available for investors meeting a $15 million threshold in an eligible investment.
Monday, 20 October 2014
Abbott announces reforms to 457 visa program
Ryan Curtis-Griffiths, Director at Nevett Ford, provided insight into the reforms for HC Magazine online.
The full article can be found on HC online.
Attention 457 business sponsors - Powers of immigration inspectors
Immigration inspectors have powers under the Migration Act 1958 that provide the mechanism for the department to investigatesponsor compliance with the visa program requirements.
Inspector powers include the right to:
- enter business premises
- require a 'person' to produce a record or document
- inspect and make copies of records or documents
- interview 'persons' while at premises.
The purposes for which the powers of an inspector may be exercised are:
- to determine whether a term or a condition of a work agreement is being, or has been, complied with (e.g.in relation to a 457 visa holder employee);
- to determine whether a prescribed circumstances to bar a sponsor or cancel the approval of a person as a sponsor exists;
- investigate a circumstance, if a circumstance exists or has existed, in order to assist the Minister (or delegate) in determining what (if any) action to take under section 140M of the Migration Act 1958.
Wednesday, 15 October 2014
Significant Investor Visa (SIV) Update - Victoria
- Reforms to
Significant Investor and 457 visa programs
- Significant
Investor nomination update
- Victoria’s flexible
visa nomination requirements
- Victoria’s new
feature web page for Chinese Significant Investors
- Significant
Investment Managers’ seminar
- Victoria’s new
Commissioner in Greater China
- Information
resources for Significant Investors
- Significant
Investor Services Director
Monday, 13 October 2014
Significant Investor Visa (SIV) changes & creation of Premium Investor Visa (PIV) ($15 million) category
- the involvement
of Austrade in the nomination of applicants on behalf of the
Australian Government and in determining complying investment policy
- allowing 'role
swapping' between primary and secondary applicants during the provisional
visa stage
- introduction of 180
day residency requirements for secondary visa holders
- changes to improve visa processing times
Have you entered the Diversity Visa Lottery? Beware of fraudulent emails and letters!
Please refer to the following link for further information: http://travel.state.gov/content/visas/english/general/fraud.html
Subclass 485 (temporary residence) Visa - you may be eligible if you're currently in Australia and studying a bachelor degree (or higher)
You may be eligible for the subclass 485 (temporary residence) visa.
This visa has two streams:
- Graduate work stream – for international students who graduate with skills and qualifications that relate to an occupation on the Skilled Occupation List (SOL): Schedule 1. A visa in this stream is granted for 18 months.
- Post-Study work stream – for international students who graduate with an eligible qualification. This stream is only available to students who applied for and were granted their first student visa to Australia on or after 5 November 2011. A visa in this stream can be granted for up to four years, depending on the applicant's qualification.
English Language Intensive Courses for Overseas Students (ELICOS) Sector, Schools Sector and Foreign Affairs or Defence Sector students are not eligible unless they subsequently complete an eligible qualification on a qualifying student visa.
Applicants who have undertaken studies while on other visas that allow study, such as dependents of Temporary Work (Skilled) (subclass 457) visa holders, are not eligible for this visa.
In addition, applicants must:
- be in Australia
- be under 50 years of age
- have attained an eligible qualification within six months of applying for the visa.
Graduates of an Australian bachelor degree (including honours), masters by coursework degree, masters (extended) degree, masters by research degree or doctoral degree can apply for this stream, provided they meet the other eligibility requirements.
The visa is only available to graduates who applied for their first student visa (including subclasses 570, 571, 572, 573, 574, 575, 576 or 580) on or after the introduction of the Genuine Temporary Entrant (GTE) requirement on 5 November 2011.
Graduate work stream
This stream is for international students who have recently graduated with skills and qualifications that relate to an occupation in demand in the Australian labour market, as determined by the Skilled Occupation List. Applicants in this stream must have completed a trade qualification, diploma or degree. Successful applicants are granted a visa of 18 months validity.
Sunday, 12 October 2014
How do children adopted outside Australia become Australian citizens?
1. Adoptions finalised outside Australia - under full Hague Convention arrangements under section 19C of the Australian Citizenship Act 2007.
The key requirements of section 19C are that:
- at least one adoptive parent is an Australian citizen;
- an adoption compliance certificate has been issued by the child's country of origin in accordance with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Hague Convention); and
- the adoption is recognised in Australia under the law/s of the Commonwealth and each State and Territory.
Some of Australia's intercountry programs require the adoption to be completed after the child returns to Australia. Where the final adoption order has been made in a State or Territory court after the child arrives in Australia as a permanent resident, and at least one of the adoptive parents is an Australian citizen, the child will automatically acquire Australian citizenship under section 13 of the Australian Citizenship Act 2007 (at the time the adoption order is made).
3. Adoptions finalised outside Australia - under other arrangements such as expatriate adoptions.
Where the adoption has been finalised outside Australia under other arrangements, and the adoption does not need to be finalised in Australia, children may be eligible, under subsection 21(5) of the Australian Citizenship Act 2007. The child must have at least one adoptive parent who is an Australian citizen, must hold a permanent visa for entry into Australia (eg Adoption (subclass 102) visa) and have entered Australia on that visa.
What is the difference between the SOL and the CSOL?
The current Skilled Occupation List (SOL) is relevant for applicants for:
- independent points-based skilled migration who are not nominated by a state or territory government agency (such as the subclass 189 visa);
- Temporary Graduate visa (subclass 485) - Graduate Work stream.
Whereas whe current Consolidated Sponsored Occupation List (CSOL) is relevant for applicants for:
- points-based skilled migration who are nominated by a state or territory government agency under a State Migration Plan
- the Employer Nomination Scheme (ENS), who must have been nominated by an Australian employer to fill a position in an occupation that appears in the CSOL (such as the subclass 186 and 187 visa)
- the Temporary Work (Skilled) visa (subclass 457)
- the Training and Research visa (subclass 402).
Wednesday, 8 October 2014
New Character Provisions Likely
The Bill has been referred to the Senate, Legal and Constitutional Committee for consideration.
or participation in, the suspected criminal conduct by the visa applicant or visa holder.
Federal Court - review of adverse ASIO security assessments
The Full Court considered how public interest immunity claims for information said to relate to national security were to be determined, how statements of reasons voluntarily supplied to the Court in confidence were to be considered, what constitutes a "serious threat" and what constitutes Australia's "territorial and border integrity".
The Court rejected as misconceived an argument that the making of a security assessment constituted interference with judicial power of the Commonwealth. It rejected a submission that the Minister of Immigration had denied Jaffarie procedural fairness, by considering classified material but only advising Jaffarie of unclassified reasons.
Visa Targets Reached by Australian Immigration
The information from the Department of Immigration and Border Protection (DIBP) is showing that Australian industry benefited from some one hundred twenty eight thousand five hundred fifty places being granted within the stream of skilled positions.
Mr. Scott Morrison, the minister of DIBP, said that this is equal to almost sixty eight per cent of the programme. He also said that the skill stream is aimed towards giving assistance to filling the identified skill shortages in the country’s economy. He explained that it has resulted to giving the Australian economy the major boost that it needs.
Overall, in the year 2013 to 2014, more than sixty three per cent of visas given in the skilled stream was accounted for by occupational professionals. This was followed by twenty two per cent from trades workers and technicians, and nine per cent of the skilled stream visas granted to managers.
Over sixty per cent of skilled migration visas have been delivered within the designation that is sponsored by employers. This amounted to forty seven thousand four hundred fifty places. Six thousand one hundred sixty places were taken by business innovation and investment, and twenty four thousand six hundred fifty six visa categories were nominated by state and territory governments.
The family stream accounted for sixty one thousand one hundred twelve places, which represents around thirty two per cent of the migration programme. The family stream prioritised the reunion of the workers’ partners as well as their children.
Within this particular visa stream, forty seven thousand seven hundred fifty two places were accounted for by the partner category. This was equal to seventy eight per cent of the family sector. Meanwhile, in the child category, three thousand eight hundred fifty places was delivered. What remained of the family stream places were given within the other family (585 places), contributory parent (6,675), and parent categories (2,250).
”The delivery of a well-managed migration scheme demonstrates our capacity to carefully structure our programmes to deliver the size & composition required to meet the needs of the Australian economy,” said Mr. Morrison, also saying that the purpose of having migration is to drive the country’s economy, as well as shape society, and give the labour market the support that it needs and also to reunite family.
The largest source country of migrants for Australia was India, where it got thirty nune thousand twenty six places, or 23.1 per cent of the total. It was followed by China which got twenty six thousand seven hundred seventy six places. The third country is United Kingdom, which got twenty three thousand two hundred twenty places.
A breakdown of the figures however, has shown that the number of visas given to Indian applicants has decreased by 2.6 per cent. For China, the numbers also went down two per cent compared with the financial year before. For British people, the number of visas increased by seven per cent.
Most of the people settled in New South Wales. 33.7 per cent of the new migrants was in the state, and the numbers actually went up from 30.2 per cent in the prior financial year. The second largest number of migrants, which was 24..4 per cent was in Victoria, followed by 17.8 per cent in Western Australia.
It has been recorded that over the past decade, only Victoria and New South Wales were the only states that had decreases in the numbers of the total migration programme. The largest fall recorded in New South Walwes was 4.7 per cent in 2013/2014. During the same period, Victoria was down 2.8 per cent.
The largest increase in numbers over the past decade was recorded in Western Australia, which went up 5.8 per cent in the proportion of the migration programme. A 0.7 per cent increase was recorded in South Australia, and in the Northern Territory it saw a case of a threefold increase, going up from 0.5 per cent in 2003/2004, to 1.4 per cent in 2013/2014.
In the data, it also shows how the size and composition of the migration programme has been made flexible, and how it changed over the years. It was a much smaller programme that consisted of mostly family migrants in 1993/1994 that became a larger programme that consisted more of skilled migrants in 2013/2014.
The government is the one that sets planning levels each year. The size and the composition adapts to meet the country’s social and economic needs.
Source: www.AustraliaForum.com
Michael Pezzullo Appointed New Secretary of DIBP
It has been twenty seven years ago since Mr. Pezzullo joined public service and he is currently a part of the Australian Customs and Border Protection Service. He is at present, serving as the agency’s chief executive.
In Mr. Abbott’s official statement, he says that Mr. Pezzullo has ”extensive experience in the public sector, predominantly in the Department of Defence in strategic policy and intelligence roles,” therefore would fit right in the role.
The newly appointed secretary also worked as an adviser to Mr. Gareth Evans, the former foreign minister. He also served as the former chief of staff to Mr. Kim Beazley, who was at that time the opposition leader.
Mr. Pezzullo is going to be replacing Mr. Martin Bowles, who was also recently appointed as the secretary of the Health Department.
Earlier this year, Mr. Fabio Pezzullo, Michael Pezzullo’s brother, was able to escape a criminal conviction after he made a confession that he did not tell the truth at an inquiry that was in the midst of investigating corruption at the Sydney Airport.
In a note sent to staff members with regard to the case that involved his own brother, Mr. Pezzullo said: ”From the outset, I asked & expected to be treated as a detached family member with no official rights, interests, or powers in the matter.”
Mr. Roman Quaedvlieg, the former Policing boss of the Australian Capital Territory (ACT), and the current deputy chief executive of the Customs department, is going to be heading the agency from hereon.
Source: www.smh.com.au