Worker Protection Act introduces three new immigration offences for employers

13 February 2024

On 6 January, The Worker Protection (Migrant and Other Employees) Act 2023 came into effect to target the issue of migrant exploitation. The legislation has introduced several modifications across the Employment Relations Act, the Immigration Act, and the Companies Act.

It is important for members to be aware that MBIE will not start issuing penalty notices until relevant updates to immigration regulations specifying the form of the infringement notices have been made by the new government. We will keep you updated as things progress.

Once in full effect MBIE will have the authority to issue notices for offences occurring before the regulations were enacted, up to a maximum of 90 days preceding or until 6 January 2024, whichever is later. Offences that will lead to a stand-down and the formula for calculating a stand-down period are yet to be approved by the government.

Aims Global has kindly provided a more detailed summary of what can be expected from these changes on their website and RCSA encourages its members to familiarise themselves with these changes.

Further information can be accessed here.

If you have further questions, please don’t hesitate to reach out to Lily Andrews in the Advocacy team on [email protected] or on +61 448 332 610