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ARTICLE · 28 MARCH 2013

It pays to check your employees’ visa work rights

Employers accused of breaches must prove they have taken reasonable steps to check the visa conditions of the employees.

AustraliaEmployment and HR

If you are seeking to employ overseas nationals to work for you in Australia, it is imperative to check their visa work rights as this can save you thousands.

Under the Migration Amendment (reform of Employer Sanction) Bill 2012, it is now much easier for the Government to prosecute non-compliant companies. Employers are defined as either 'knowing' or 'should have known' about their employees' work rights.

Under the new Act, employers accused of breaches must prove that they have taken reasonable steps to check the visa conditions of people found to be working illegally within their business. There are statutory defences available to individuals and businesses that make genuine attempts to verify the status of an overseas national, through means such as checking the Federal Government Visa Entitlement Verification Online (VEVO) electronic system.

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