Right to Work Checks in Australia – A Compliance Priority

The landscape of Australian employment is constantly evolving, but for employers, one critical compliance obligation which remains constant is often overlooked: Right to Work Checks.

The current environment in Australia is one of increased scrutiny and recent crackdowns on migrant worker exploitation. This enforcement trend confirms it’s a critical compliance priority that every employee and contractor must have the legal right to work in Australia. This mandate directly impacts your organisation’s legal standing and reputation.

The High Cost of Overlooking Compliance

Navigating the complexities of Australia’s employment law requires diligence, especially when it comes to work rights. The Migration Act 1958 sets clear legal obligations for every employer. It mandates that you, as an employer, must actively verify the work eligibility of all prospective employees, irrespective of their citizenship status.

The consequences of non-compliance are not limited to financial penalties. They can also affect workforce planning, business reputation, and access to important immigration programs.

What Non-Compliance Actually Costs:

• Financial Penalties: The Australian government takes a strong stance on unlawful non-citizen worker employment. Businesses can face substantial fines, with penalties potentially reaching hundreds of thousands of dollars per illegal worker. This financial burden can severely impact your bottom line.
• Reputational Damage: News of non-compliance can quickly spread, eroding public trust and damaging your brand's reputation. This can deter future talent, customers, and even investors.
• Disruption to Operations: Discovering that your employee doesn't have the right to work can lead to immediate termination, leaving you with sudden staffing gaps and increased recruitment costs to fill the role again.
• Potential for Legal Action: Beyond government penalties, non-compliance could expose your business to further legal challenges, including civil suits.
• Ethical Implications: Employing individuals without work rights can inadvertently contribute to exploitation and undermine fair labour practices within the community.

Compliance Across the Employee Lifecycle

Many employers focus their verification efforts solely on the initial hiring stage. However, true compliance requires a view of the entire employee lifecycle, particularly for non-citizen workers whose work rights are tied to temporary visas.

Listed below are a few checkpoints for Australian employers to consider:

1. The Pre-Employment Check

Before any offer is made, a comprehensive check is essential. For non-citizens, this means requesting documentation (such as a foreign passport or ImmiCard), obtaining explicit consent, and validating their current work entitlements through the Visa Entitlement Verification Online (VEVO) system.

2. Rescreening and Audits

Compliance doesn't stop once your employee starts the job. Work entitlements for visa holders are often temporary and subject to conditions. Best practice dictates implementing a system for:

• Regular Re-Checks: For workers whose entitlements are conditional or temporary, periodic rescreening (e.g., every few months) are necessary to ensure their ongoing eligibility.
• Right to Work Visa Expiry Reminders: As a visa nears its expiry date, employers should proactively check in with the employee to understand their plans (renewal, extension, or departure). This is a crucial moment for re-verification.

3. Engaging Contractors and Subcontractors

Your compliance obligations extend well beyond your direct employees to also cover your contractors and subcontractors. You must ensure that the companies or individuals you engage are also meeting their legal responsibilities.

Technology-Driven Compliance with National Crime Check

Mitigating these risks requires more than just manual processes and paperwork. Effective compliance demands a proactive, technology-driven approach.

At National Crime Check, we understand that juggling complex visa rules and monitoring hundreds of expiry dates can be cumbersome and prone to human error. This is where modern, automated tools become invaluable for your business.

A technology-driven compliance solution helps employers:

1. Streamline Verification: Automating the process of document verification and VEVO checks dramatically increases speed and accuracy, ensuring eligibility is confirmed quickly and correctly during the crucial hiring phase.
2. Centralise Record-Keeping: Maintain a secure, centralised audit trail of all checks conducted, consent collected, and eligibility status. This record is invaluable in the event of an audit or compliance review.
3. Automate Reminders: Eliminate the risk of human forgetfulness. A robust system automatically flags upcoming visa expiry dates and schedules necessary re-checks, ensuring continuous compliance.
4. Mitigate Risk: By easing the manual workload and providing up-to-date compliance tools, technology allows your HR team to focus on talent acquisition rather than complex, high-risk administrative tasks.

By integrating these tools, Australian employers can transform Right to Work compliance from a potential liability into a seamless, protective element of their HR and onboarding strategy.

Learn how National Crime Check's Australian Right to Work Checks can simplify your compliance obligations.