Australia: New Law Requires Declaration Against Discriminatory Recruitment Practices

A new rule requires sponsors submitting subclass 457 visa applications on or after April 19, 2016 or those awaiting approval as of that date to submit a declaration that they will not engage in recruitment practices that discriminate against potential employees on the grounds of immigration status or citizenship.

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Apr 21, 2016
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A new rule requires sponsors submitting subclass 457 visa applications on or after April 19, 2016 or those awaiting approval as of that date to submit a declaration that they will not engage in recruitment practices that discriminate against potential employees on the grounds of immigration status or citizenship.

The addition of the new sponsorship obligation will allow the Department of Immigration and Border Protection to impose fines on sponsors that violate or do not comply with the new rule on or after April 19.

Background

The new rule implements a recommendation from the independent review of the subclass 457 program held in 2014. This is in addition to the requirement for sponsors to submit an attestation they have a strong record of, or a demonstrated commitment to, employing local labor.

'Discriminatory recruitment practice' is defined in the new regulations as a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.

What This Means for Employers

The new declaration requirement adds an administrative step and potential penalty for sponsors that breach the new sponsorship obligation.

Fragomen will contact clients who are in the process of applying for or renewing their sponsorship status to discuss submitting the new declaration.

This alert is for information purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen worldwide or send an email to fragomenclientcorrespondence@fragomen.com.

© 2016 Fragomen Worldwide

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Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates, (collectively known as “Fragomen Worldwide”) is the world’s largest firm dedicated to corporate immigration, and is recognized as the leading global immigration services provider.

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