Work Rights Check

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If you employ people you have a legal obligation to validate their citizenship.

Australia is an incredibly multi-cultural country, attracting workers from all over the world who contribute strongly to the economy. While this gives Australian businesses access to a wide range of talented and skilled workers, it also creates a compliance challenge for companies who are required to validate and monitor non-Australian citizens work rights as a mandatory employment requirement.

The immigration rules in Australia are constantly being reviewed and Inspectors from the Department of Immigration and Border Protection (DIBP) also conduct regular spot audits on companies to ensure that any non-Australian staff are legally entitled to work in Australia and not being exploited by employers.

For organisations, the requirements that come with monitoring non-Australian staff presents a significant regulatory burden, as companies need to understand visa entitlements and implement a methodology that easily monitors and alerts of changes and expiries. It is also critical to understand sponsorship arrangements between foreign workers and Australian businesses.

To meet these demands, many companies use WorkPro as a free, integrated online platform to handle all their visa checks. With a secure connection to the Department of Immigration and Border Protection’s Visa Entitlement Verification Online (VEVO) system, WorkPro offers organisations a simple, effective tool, with immediate results, to manage and monitor checks. This includes a simple, transparent, administration dashboard.

 

What information can an online visa check uncover?

The key risk for companies comes from potentially hiring someone illegally, even unwittingly most non AU citizens will be granted work rights, but how you manage staff who are limited to work a certain number of hours each week? Companies will need to be aware of these restrictions during the hiring process and during employment.

The same rules apply to individuals who have entered the country on a sponsored visa arrangement. If these individuals then look to find a new employer, that employer needs to take on the obligations associated with sponsoring a foreign worker in Australia and understand the arrangements and conditions surrounding the sponsorship.

Finally, there are times when an individual will not be eligible to work – if their visa is out-of-date, for example. In other cases, individuals may enter the country on a student visa that prohibits paid employment, a condition that employers will need to be aware of before hiring a new worker.

This information and detail will be uncovered through an online visa check through WorkPro, integrated with VEVO, making it a crucial step in mitigating the risks that come with hiring employees.

 

How choosing WorkPro can ensure the process runs smoothly
  • It’s Free

    WorkPro customers gain simple access to the visa checking service.

  • Evidence-based information

    It is critical that any visa check conducted includes evidence of the outcome and that it is date and time stamped for audit purposes. WorkPro recognises this, and offers companies a certificate for every check that is date and time stamped. The check is then stored securely in WorkPro against the employees name or the company can externally store the information.

    WorkPro also facilitates the entire document handling requirements for this process. This reduces the administrative costs that come with handling a large number of visa checks, and ensures the information is managed against national audit, security and privacy requirements.

  • Timely Reminders

    Business can also benefit from the ongoing monitoring that WorkPro offers as part of their software. If a visa holder has an expiry on their work visa, companies can set an alert leading up to the expiry of the visa, and the system will automatically alert the company as the expiry approaches, making it easy to manage this ongoing responsibility.

  • A single view and reporting

    For audit purposes, WorkPro offers companies a single view of the visa checks conducted, their work rights status and expiry date. WorkPro’s simple, just in time reporting mechanism also provides management with a clear perspective to assist in the auditing and tracking process.

Online visa checks are just one aspect of the suite of services that companies can access through the WorkPro system. This means that companies can also use an online police check service, licence or ticket management service and work health and safety induction program alongside to create a holistic pre-employment screening and on-boarding program.

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Most temporary visa holders have work rights, although some classes of visas do have restrictions.

Proposed Legislative Reforms and Policy Commentary

The migration Amendment (Employer Sanctions) Act 2007 has been amended following a 2010 investigation and report (known as Howells review).

The amendment changed the Acts criminal offences and create ‘new non-fault’ civil penalty provisions for ‘organisations’ who allow an unlawful citizen to work, or refer a person to work or allow a lawful non-citizen to work in breach of their visa.

The amendment was reviewed as Howell’s investigation found that the existing sanctions framework was ineffective in that it was not a large enough deterrent against employers and labour hire firms who persistently engaged illegal workers.

The amendment is designed to educate first, and then introduce ‘graduated sanctions': Warning Notices, Infringement Notices, Civil Penalty Order, Criminal Prosecution.

The amendment and sanctions were broadened to include ‘any person who participates in the chain of events’ and these can now be held liable.

THE NEXT STEP

We can help you with:

Inductions & eLearning

If you employ people you have a legal responsibility to ensure you provide WHS and EEO induction training for new employees to minimise the risk of work related injury.

WorkPro takes the complexity out of this compliance for you and provides an online solution that delivers and manages these mandatory training requirements. Easily and confidently fulfil your legal obligations, protect your staff and access your information whenever and wherever you need it. Benefit from:

  • Legally Approved Content
  • Web-based management, monitoring and delivery
  • A Friendly Pricing Structure

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