Australian Migration Amendment Act 2024 To Safeguard Immigrant Workers

By Author: Sanjay Yadav
Total Articles: 26
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The Migration Amendment Act 2024 related to Work Visa conditions seeks to safeguard immigrant workers in Australia from employer exploitation. It has been issued by the Immigration, Citizenship, and Multicultural Affairs Ministry in Australia and has implemented major changes to the immigration landscape in Australia effective from 1st July 2024.

Aspiring immigrants seeking to Australia PR from India
must make a note of these crucial changes. The amendments have been designed to boost the mobility of provisional immigrants in the labour market through the following Subclass Visas:
·Subclass 457 Skilled Temporary Work Visa
·Subclass 482 Skill Shortage Temporary Work Visa
·Subclass 494 Employer-Sponsored Regional Provisional Visa

Addressing Exploitation of Immigrant Workers

The latest changes to the Australian Migration Act seek to enhance compliance by employers and safeguard provisional immigrant workers from exploitation. The chief measures ...
... launched include:

·Criminalizing coercion: It is now a crime to unduly pressure or coerce workers to breach the conditions related to their Australia Work Visa
·Restrictions on Employers: Employers who are convicted of such offences are temporarily barred from recruiting extra Provisional Visa holders

·Public revelation: The names of the barred employers are to be published on the website of the Department of Home Affairs

·Enhanced penalties: Major hike in civil and pecuniary penalties to act as a deterrent

·Enhanced powers to ABF: The Australian Border Force has now been offered enhanced tools and powers inclusive of issuing compliance notices and enforceable takings

·Repealing of Sections 235: the Migration Act’s section 235 has been repealed and it had criminalized breaching of work conditions by Visa holders or unlawful nationals to encourage victims to report their exploitation

·Section 116 Considerations: The Section 116 considerations have been specified to address circumstances regarding these offences

Furthermore, the following amendments have been implemented under the provisions of the Infringement Notices:

·Align the amounts of penalty for infringement notice under the Migration Regulations for breach of current penalty provisions with a hike in the amount of the civil penalty incurred through enhancing the Act of Employer Compliance

·Providing notices for infringement about alleged breaches of the latest penalty provisions included in the Migration Act enhancing the Act of Employer Compliance

·Removing the half-penalty amount for infringement notice that was present in the ‘first contraventions’ of the Migration Regulations

·Setting an invariable amount for the penalty under infringement notice at 1/5th of the provision for the civil penalty for a corporate body or individual

The above amendments collectively boost the framework for enforcement, assure enhanced safeguards to provisional immigrant workers, and hold employers accountable for non-compliance.

Another major feature of these initiatives is the amplified program for data matching conducted by the ATO - Australian Taxation Office. It will go ahead with the collection of data approved in the period 2023 to 2026. The aim is to ensure that Visa sponsors, Visa holders, and Immigration Agents fulfill their super and tax obligations.

Strengthening reporting conditions for workplace exploitation

Effective July 1, 2024, these policies will augment the safeguards for immigrant workers who report the exploitation at workplace. These modifications highlight the precise conditions under which there cannot be a cancellation of the Visa in case the holder is affected by exploitation at the workplace. This ensures enhanced security for those who report such incidents.

The Workplace Justice Visa

A new Workplace Justice Visa has been launched by Australia via the Migration Amendment Regulations 2024. It empowers provisional immigrants who have experienced exploitation at the workplace to remain in Australia and pursue justice.

The chief features are:
·Duration of 6 to 12 months and up to 4 years extension allowed
·Applicants have to get certification from authorized agencies
·Visa holders can be employed during the resolution of issues at the workplace
·Close scrutiny of the program to ensure integrity and efficiency
Meanwhile, effective from July 1, 2024 TSMIT - Temporary Skilled Migrant Income Threshold has been increased to $73,150 from $70,000.

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