ON 27 February 2013, the Migration Amendment (Reform of Employers Sanction) Bill 2012 passed both Houses.

The Bill creates new sanctions for employers who engage or refer workers without valid working rights.

“The application of the criminal offences and civil penatly provisions will be broadened so that a person who participates in the chain of events that results in a non-citizen allowed or referred tow ork without the required permission can be held liable for contravening the work-related offences and work-related provisions,” the Bill’s explanatory memorandum states.

“In addition, the Bill will extend both criminal and civil liability, in certain circumstances, to executive officers of bodies corporate, partners in a partnership and members of an unincorporated association’s committee of management.

“The Bill will also introduce new investigation powers to allow authorised officers to gather evidence of suspected breaches of the work-related offences and work-related provisions.”

AREEA opposed the Bill in its August 2012 submission stating that the existing framework was sufficient provided there is greater awareness of the current penalties and sanctions against employers who do the wrong thing.

A link to the Bill and Explanatory Memorandum can be found here.