Newsletter 178

Reforms to protect vulnerable workers pass the Parliament. 

The Albanese Labor Government has enhanced safeguards for vulnerable workers who expose exploitation, implementing stricter penalties to curb employers engaging in such practices. The Migration Amendment (Strengthening Employer Compliance) Bill 2023 received unanimous support in Parliament today.

Starting from 1 July, individuals exploiting workers based on their visa status will now face imprisonment, while penalties and fines will triple. Additionally, employers mistreating workers will be prohibited from hiring any temporary visa holders. This reform is designed to benefit all Australians, including ethical local businesses competing with those that cut costs through underpayment.

Despite a decade of the former Liberal Government ignoring exploitation issues, their endorsement of this reform is appreciated. However, it highlights their lack of initiative during their ten-year tenure. The Albanese Labor Government emphasizes the principle that no worker should be subjected to unsafe conditions, irrespective of their visa status. This Bill represents a significant step toward achieving that objective.

Quotes attributable to Minister Giles: 

“Just like our plan to give every Australian taxpayer a tax cut, the Government’s legislation will benefit all workers across the economy – visa holders and Australians alike. 

“Under our new laws, it doesn’t matter if that company is a multinational giant or a hundred years old – if exploitation is happening, they’ll get a knock at the door.

“This reform is a win for all workers – and could not have been achieved without the bravery of those who spoke up and told their story.”

Final closure of the Pandemic Event visa 

The Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event) visa closed to new applicants from 1 February 2024.

In April 2020, the Australian Government introduced the Pandemic Event visa, enabling temporary visa holders to stay lawfully in Australia during the border closure and addressing labor shortages in vital sectors of the local economy.

With Australia’s borders now reopened and the number of temporary visa holders back to pre-COVID-19 levels, the necessity for the Pandemic Event visa has diminished. The decision to discontinue this visa aligns with the goal of maintaining a well-managed migration system. It aims to facilitate more controlled visa pathways and establish a normalized flow of temporary migrants entering and leaving Australia.

Subsequent actions for visa holders

To remain in Australia, visa holders must ensure they adhere to lawful status, as becoming unlawful may impact their future visits to the country. We strongly advise visa holders to utilize the Visa Entitlement Verification Online (VEVO) system for checking their visa conditions and validity. Those staying in Australia without a valid visa face potential detention and removal, along with incurring a debt to the Australian Government for removal costs.

Next steps for visa applicants

The Department will continue processing all visa applications submitted before 1 February 2024. For further information on the upcoming steps for visa applicants and holders, please refer to the COVID-19 Pandemic event visa page.

Individuals with concerns about their expiring or expired visa are encouraged to promptly contact the Department’s Status Resolution Service. This can be done online at Status Resolution Service or by phone at 131 881 (Monday to Friday, 9 am to 5 pm).

Expanded specified work definition and areas for SC 417 and SC 462 visas

Modifications to the regions of Australia and the specific types of employment outlined in the definitions of ‘specified Subclass 417 work’ and ‘specified Subclass 462 work’ have been introduced. These amendments extend the definitions of ‘specified subclass 417 work’ and ‘specified 462 work’ beyond recovery efforts for floods and bushfires to encompass other natural disasters such as cyclones or severe weather conditions. The regulatory instrument also includes additional regions in Australia where recovery work can be conducted, provided the area is affected by bushfires, floods, cyclones, or other severe weather.

Recovery work performed in regions impacted by floods, bushfires, cyclones, or severe storms from December 31, 2021, is considered as specified work. This instrument is applicable to applications for a SC 462 and SC 417 visa that were either made but not conclusively determined before February 2, 2024, or made on or after February 2, 2024.

The implementation of these changes commenced on February 2, 2024. The Department has communicated these modifications on their website, highlighting that Working Holiday Makers can now include paid or volunteer work for natural disaster recovery in declared areas affected by cyclones or severe weather as ‘specified work.’ This provision allows them to apply for a second or third Working Holiday Maker visa. The Department stipulates that this work must have been carried out from December 31, 2021, in areas declared as disaster affected. Additionally, the Department will continue to acknowledge bushfire recovery work undertaken since July 31, 2019, and flood recovery work since December 31, 2021.

Closure WA General Skilled Migration (GSM) nomination applications for 2023-24

WA Migration Services is no longer accepting new General Skilled Migration (GSM) nomination applications for the 2023-24 program year due to the current number surpassing the available allocation. Applications already submitted before February 2, 2024, will undergo evaluation based on the existing eligibility criteria, and nominations will be granted depending on availability.

Certain eligible applications submitted before the program closure date may not be included in the 2023-24 program year, and affected applicants will be notified accordingly.

It is advisable for members to ensure that their clients explore lawful options if their visas are approaching expiration during this period. WA Migration Services remains committed to advocating for nomination allocation numbers that align with the State’s needs.

OMARA Sanctions – Update

Everyone need to be mindful that the OMARA and Operation Inglenook, as part of their inquiries into fraudulent Registered Migration Agent (RMA) activities, are placing specific emphasis on instances where RMAs fail to disclose immigration assistance. When providing immigration assistance, RMAs are obligated to disclose this information as part of the application process, either through online or paper forms where applicants are asked about any assistance received.

Failure to declare such assistance constitutes a violation of the Code of Conduct, and RMAs who do not disclose their involvement may face sanctions.

Backpackers to lend a hand in natural disaster recovery

 The Albanese Labor Government is introducing enhanced incentives for backpackers to contribute to natural disaster recovery through modifications to the Working Holiday Maker (WHM) program. This initiative is part of the ongoing commitment to allocate resources and provide support to communities undergoing recovery from natural disasters.

Previously, individuals holding a Working Holiday Maker visa were eligible to apply for a second or third WHM visa if they worked or volunteered in areas affected by floods and bushfires. Starting today, this eligibility is expanded to include other forms of natural disasters such as cyclones or storm surges, reflecting the government’s response to recent weather events in Queensland.

These adjustments acknowledge the significant role of working holiday makers in assisting regions during the aftermath of natural disasters, providing valuable support to businesses and communities for a swift recovery. The Albanese Government remains dedicated to utilizing the migration system to address the needs of regional Australia. Further modifications to skilled and regional migration, including the WHM program, are being contemplated as part of the Migration Strategy.

Quotes attributable to the Minister for Emergency Management, Senator the Hon Murray Watt:

“When it comes to recovering from natural disasters, it’s always all hands on deck to assist in the cleanup and rebuild.

“So, making it easier for working holiday makers to help out in the aftermath of these events is going to be a great help for local communities, particularly those who have recently experienced cyclones or floods.”

Quotes attributable to the Minister for Immigration, Citizenship and Multicultural Affairs, Andrew Giles MP:

“From supporting the recovery work in the immediate aftermath of natural disasters, to their ongoing participation in the local workforce and economy, backpackers are vital to regional Australia.

“The new arrangements will help regional communities retain backpackers who are already making a contribution to local recovery efforts and attract community-minded working holiday makers to areas where they will make a real difference in the lives of those impacted by natural disasters.”

Quotes attributable to Senator Nita Green:

“Far North Queensland is no stranger to backpackers, they make up a huge part of our communities and support our tourism industry.

“This new arrangement will mean so much for tourism towns like Cairns, who when faced with natural disasters, can often lose that pull for backpackers to come and work here.

“Now, they will be incentivized to come to assist in local recovery, and then hopefully stay in our beautiful regions.”