Compliance and Monitoring

Compliance and Monitoring

Department of Immigration Monitoring and Compliance

When an Australian Employer applies to be approved as a Standard Business Sponsor (SBS), they make a declaration to abide by certain obligations. One of these obligations is to submit the business to a compliance audit, which the Department of Immigration and Border Protection (DIBP) may conduct at any time and with minimal notice. Accordingly, you also have a legally enforceable obligation to maintain records on your visa holder, employee population. If you are found to have not complied with your obligations then you may be subject to a number of sanctions, which include: • A ‘no fault liability – which extends to Corporate Officers/Directors. • Infringement Notices • Civil Penalties • Extreme Breaches – Criminal Penalties. • Cancellation or suspension of existing sponsorship approvals • A bar from any future sponsorship approval It should be noted that the DIBP have the power to cross-reference information with both the ATO and the Fairwork Commission. It an audit is conducted by the DIBP and their monitoring officers believe a breach has occurred, then they may issue what is called a Notice of Intention to Take Action (NOITTA). Should you be the subject of a NOITTA, Education Embassy  can assist you in preparing a defense.

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