On the 7th of February 2024, a significant milestone was achieved in Parliament with the passing of the Migration Amendment (Strengthening Employer Compliance) Bill 2023. This key legislation targets the exploitation of temporary migrant workers by unscrupulous employers and third-party providers.
Key Amendments Introduced by the Migration Amendment Bill
The Migration Amendment Bill introduces several critical changes aimed at protecting migrant workers. Below is a breakdown of the key amendments:
- Introduction of Criminal Offences: The bill introduces criminal offences aimed at penalizing employers who coerce non-citizens into breaching visa conditions or accepting exploitative work arrangements.
- Employer Restrictions: Measures are implemented to restrict employers found in violation of migration and workplace laws from hiring additional temporary migrant workers for a specified period.
- Increased Penalties: Both criminal and civil penalties are increased to dissuade employers from engaging in exploitative practices.
- Enforceable Undertakings and Compliance Notices: The bill expands the utilization of enforceable undertakings and introduces compliance notices for suspected breaches of work-related provisions.
- Repeal of Existing Legislation: The bill repeals existing legislation criminalizing temporary visa holders for breaching work restrictions or unlawful non-citizens for undertaking any work.
- Amendments to Visa Cancellation Powers: The bill amends visa cancellation powers to broaden the considerations for visa cancellations prescribed by regulations.
These amendments mark a pivotal step towards safeguarding the rights and welfare of temporary migrant workers. Immigration Minister Andrew Giles emphasized the importance of this transformative motion in his media release.
