Acacia Releases vSure to help employers meet new Visa Checking Requirements

krystina By Krystina Szafraniec
Tuesday, 02 April 2013

The Employer Sanctions Bill was passed by the Senate on 27 February 2013 and received the Royal Assent on 14th March 2013, meaning it will come into effect in the next few months.

There is an estimated 100,000 people working illegally in Australia and the legislation raises the bar on businesses to ensure that they are not hiring illegal workers.

Who will be affected?

The new legislation will affect:

  • Employers: who must ensure that direct employees, as well as any temps or contractors, have appropriate work rights
  • Recruiters: who must check work rights before referring a candidate for employment
  • Company Directors & Officers: who may be personally liable if they do not ensure adequate systems and processes are in place to conduct visa checks.
  • What are the consequences?

    The Department of Immigration can issue infringement notices of $9,900 for each offence, and the maximum penalty is $49,500 if court action is initiated.

    Unlike previous legislation, the Department of Immigration does not need to show that the business was negligent, reckless or intended to hire an illegal worker. The mere fact that a person did not have work rights is enough to prove an offence.

    Businesses need to show a "statutory defence" to avoid liability under the new act. In most cases, this would involve showing that the business conducted visa checks at "reasonable times" to ensure that the person had work rights.

    How can you keep compliant?

    Acacia Immigration has developed an innovative software product to make compliance with the new Employer Sanctions Bill easy. vSure is a cloud based immigration compliance software product, providing businesses with:

  • Automated Visa Checks of your full workforce
  • Simple reports on any changes to employees visa status
  • SMS and Calendar Reminders of important visa status changes.
  • Do you want more information?

    If you would like more information on the Employer Sanctions Bill and how you may be affected, please contact vSure.

    You can also request our White Paper on the Employer Sanctions Bill for details on how your business may be affected and how vSure can help.

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