On 14 September 2009, the Migration Amendment (Worker Protection) Act 2008 (“the Worker Protection act”) gave effect
to reforms to the temporary sponsored worker program (subclass 457).
The laws introduced a new enforcement regime, including the introduction
of civil penalty provisions. The laws
enabled the department of immigration to apply to a court (that is, an eligible court as defined in section
5(1) of the Act) for a civil penalty order or, alternatively, serve an
infringement notice on a 457 business sponsor that is believed to have
contravened a civil penalty provision.
In addition to the civil penalty provisions, the administrative
sanctions to bar a sponsor or cancel the approval of a 457
business sponsor were expanded to provide that action could be taken against
all classes of approved sponsor in certain circumstances.
On 1 July 2013, the Migration Act
1958 was amended to introduce enforceable undertakings as an alternative
sanction option that may be applied if an approved 457 business sponsor is
found not to have mat the applicable sponsorship obligations. Enforceable undertaking may be used in
addition to, or instead of, other administrative penalties available to the
department of immigration.
The various actions that may be taken in relation to approved 457
business sponsors or former approved sponsors are as follows:
·
Bar or cancel the sponsor (under section 140M);
·
Serve an infringement notice
·
Obtain an enforceable undertaking
·
Pursue a civil penalty
Business Monitoring
The department of immigration routinely monitors approved and former
approved 457 business sponsors to determine their compliance with the
sponsorship obligations. Monitoring of
sponsors typically requires the provision of records and documents, and may
involve a site visit to the sponsor’s premises to interview visa holders, other
employees and the sponsor.
