Alex Hawke MP: New penalties proposed to protect migrant workers from coercive exploitation

·

The Government has released for public consultation an exposure draft of the Migration Amendment (Protecting Migrant Workers) Bill 2021 that proposes new criminal offences and civil penalties to further protect migrant workers from exploitation. 

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, said the proposed Bill sends a strong message from the Australian Government that wage underpayment and other exploitative practices against migrant workers are unacceptable and will not be tolerated.

“This legislation is timely as we work on economic recovery from COVID-19. We want to ensure Australia maintains a strong reputation as a destination of choice for working holidaymakers, students and skilled migrants,” Mr Hawke said.

Building on initiatives previously implemented in response to recommendations from the Migrant Workers’ Taskforce, the Bill proposes a number of new offences designed to prevent an employer from using migration laws to coerce migrant workers.

New penalties have been proposed to protect migrant workers from coercive exploitation.

It will be an offence to coerce or exert undue influence or pressure on migrant workers to accept work arrangements that breach work-related visa conditions. It will also be an offence for a person to coerce, influence or pressure migrant workers to accept work arrangements to satisfy a work-related visa requirement, or to avoid an adverse effect on their immigration status.

The Bill will also introduce other important measures to enhance protections for migrant workers under the Migration Act 1958, including:

  • prohibiting certain employers who have breached specified provisions in theMigration Act or the Fair Work Act 2009 from employing additional non-citizen employees for a specified period;
  • establishing new compliance tools for the Australian Border Force to work with employers, labour hire companies and other parties to improve compliance with Migration Act requirements relating to employing migrant workers;
  • requiring the use of the Visa Entitlement Verification Online (VEVO) system to ensure employers, labour hire companies and others involved in referring non-citizens for work are conducting appropriate checks of prospective employees’ immigration status and work-related visa conditions; and
  • increasing civil penalties for breaches of work-related provisions in the Migration Act.

“We know the majority of Australian businesses and employers do the right thing but there are still a small number of unscrupulous employers who find ways to exploit migrants,” Mr Hawke said.

In addition to the measures proposed in the Bill, the Government has also made regulatory changes to enhance the safety and welfare of working holiday makers in Australia, and discourage them from working for employers with a track record of misconduct.

Prime Minister Scott Morrison and Alex Hawke MP.

The Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 will exclude work for specified businesses counting towards eligibility for a second or third working holiday maker visa.

Considerations for listing a specified business in the legislative instrument would include, for example, any relevant convictions, in particular those relating to safety and welfare of employees.

The exclusion would only apply to work undertaken by working holiday makers after the business is listed in the legislative instrument.

The Department of Home Affairs will implement enhanced communication channels to allow visa holders to easily check the status of their employer.

A specified business will be provided a right of reply, before listing them in a legislative instrument.

Consultation on the exposure draft of the Migration Amendment (Protecting Migrant Workers) Bill 2021 will close on Friday, 16 August 2021. For further information on making a submission visit the Department of Home Affairs website.

Advertisement

Share:

KEEP UP TO DATE WITH TGH

By subscribing you accept our Terms of Service and Privacy Policy.

Advertisement

Latest News

Greece and Libya move toward EEZ agreement in Athens talks

A meeting in Athens between Greek FM George Gerapetritis and acting Libyan Foreign Minister Taher Salem Al Baour has paved the way.

Let’s Go Greek Festival to make history with 500kg gyros in Parramatta

Parramatta will soon be serving up history as the Let’s Go Greek Festival returns on September 21 - with the creation of the largest gyros.

A Life, A Tradition: The Greek Lyceum of SA’s ‘Cycle of Life’ performance

The Greek Lyceum of South Australia transformed the stage into a platform for artistry and community spirit on Sunday, September 14.

Zeibekiko Festival Australia brings dance and song to Melbourne this October

Melbourne will be at the heart of the 3rd Zeibekiko Festival Australia with a rich program of events to the city from 4–5 October.

Panathinaikos BC visit the Greek Centre in Melbourne ahead of the big game

Players and officials from EuroLeague giants Panathinaikos B.C. (PAO) toured the Greek Centre this morning.

You May Also Like

Basil Zempilas launches campaign to become Perth’s next Lord Mayor

Greek Australian radio host Basil Zempilas announced on his social media platforms that he will be running as Perth's next Lord Mayor.

Four Australians of Greek heritage among rugby’s most powerful

NRL’s most influential figures for 2023 has been revealed with four Australians of Greek heritage being recognised for their contributions.

Holy Trinity Greek Orthodox Parish of Hobart in Tasmania consecrated

Archbishop Makarios of Australia officially consecrated the Church of the Holy Trinity in Hobart, Tasmania on Sunday, July 7.