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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 457 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, TSS Immigration can assist you in preparing a defense.

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