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Stephen Howells  Employer Sanctions Legislation Report for the Australian Government has been Released

In May 2010 independent legal expert and Stone Chambers Associate Member Stephen Howells was appointed to provide options for giving the Employer Sanctions legislation more teeth and strengthening the suite of penalties available to effectively penalise employers who do the wrong thing by employing illegal workers in Australia.

The Australian Minister for Immigration and Citizenship Chris Bowen has recently released the review of the Migration Amendment (Employer Sanctions) Act 2007 that looks at penalty and enforcement arrangements for businesses employing non-citizens working in Australia without permission.

The Australian Government has agreed in-principle to the review's recommendations, which include:

  • Introducing a new three-tiered employer sanctions regime with civil penalties and fines, as well as maintaining the current criminal penalties;
  • Putting in place protections for employers that do the right thing by checking work entitlements;
  • Better education and awareness for employers and labour hire groups on their obligations; and
  • Greater powers for compliance officers to gather documentary evidence against non-compliant employers.

A copy of the report is available at

http://www.immi.gov.au/media/publications/compliance/review-employer-sanctions/