Citizenship and Work Rights Check: Protecting Employers and Workers
In 2021, a man was sentenced to at least five months of a 14-month prison term for dealing with proceeds of crime at a vegetable farm. He pleaded guilty over his involvement in an illegal worker scheme and was also fined $40,000 for his involvement in breaches of the Migration Act.
The Australia Government enforces strict obligations on employers for pre-screening checks, including validating workers right to work. The Migration Amendment (Reform of Employer Sanctions) Act 2013, compels employers to verify the work rights and visa status of non-Australian citizens and collect evidence of and validate Australian citizens.
Non-compliance can result in significant fines and penalties. According to the AHWC Immigration Law, this includes:
Monetary penalties:
- $28,170 + for an individual (e.g. a sole trader); or
- $140,850 + for a body corporate (e.g. a company).
Criminal sanctions:
- Primary offences (per illegal worker): $37,560 and two years imprisonment for an individual (e.g. a sole trader) or $187,800+ for a corporate body (e.g. a company).
- Aggravated offences (per illegal worker): $93,900+ and up to five years imprisonment for an individual or $469,000+ for a body corporate (e.g. a company).
This can also lead to “adverse information” being held against the employer. If the employer is an approved business sponsor, “adverse information” may result in the sponsor being barred from sponsoring further workers or having their sponsorship cancelled. If the sponsorship is cancelled, all visas associated with the sponsorship will also be cancelled.
The Department of Home Affairs imposes a strict liability system, ensuring that even unintentional employment of unauthorised workers can lead to severe repercussions.
Find out more information about the penalties
here or check out our blog,
The Legal Consequences of Non-Compliance with Citizenship and Work Rights Checks.
WorkPro: Leading Digital Work Rights Checks in Australia
In 2009, WorkPro was appointed to partner with the Australian Department of Immigration (now the Department of Home Affairs) in an exclusive pilot program to integrate the VEVO service to WorkPro’s workforce compliance platform. This pioneering effort established a foundation for an efficient, secure, and reliable work rights check program.
In early 2024, WorkPro was approved by the Attorney-General’s Department as a Gateway Service Provider of the Document Verification Service. This appointment extended WorkPro’s capability as a full scope work rights checking service, allowing for the instant validation of Australian citizens.
As a company committed to proper and consistent job-readiness, we are acutely aware of the careful balance between compliance and an elongated hiring process. WorkPro’s citizenship and work rights solution helps to reduce time, improve the candidate experience, and encourage operational efficiency by eradicating manual effort and conducting automatic re-checks, ensuring your organisation is compliant.
This diligent approach fosters a compliant, secure, and fair working environment, benefiting everyone involved.
Australian Citizenship & Work Rights Validation with WorkPro
Our mission is to ensure individuals are job-ready by managing all initial screenings and background checks, including work rights verification.
Whether managing a small or large workforce, WorkPro simplifies the process with biometric facial verification technology, combined with the Document Verification Service (DVS), creating an end-to-end work rights check program. Employers can instantly confirm citizenship and work rights checks online, receiving fast, official results that facilitate confident hiring decisions. Checks can be submitted individually or in bulk, with secure access to VEVO and the DVS to confirm work visa statuses anywhere, anytime, for convenient, ongoing workforce compliance.
Compliance is an ongoing responsibility, especially with the varied conditions for non-citizens. WorkPro simplifies this with a personal reporting dashboard and smart notifications, continuously monitoring the VEVO database for any updates to candidates' work rights. This ensures no missed expiry dates and 100% workforce compliance.
Each work rights check performed through WorkPro provides a full disclosure certificate and details of any work restrictions. All results and details are permanently stored securely online, forming a comprehensive audit trail.
Comprehensive Compliance Solutions with WorkPro
Work rights checks are part of WorkPro's broad spectrum of background checking solutions. Employers can combine these checks with others, such as police checks, eLearning, and employment-related document verification, to create tailored compliance packages. This all-in-one platform centralises compliance needs, offering a seamless experience for candidates and a more efficient way to meet legal obligations and duty of care.
Take Action with WorkPro
Navigating the complex landscape of workforce compliance is simplified with WorkPro’s comprehensive platform. From initial screenings to ongoing compliance, WorkPro helps you focus on finding the right people to grow your business while ensuring compliance. Hire with confidence and protect your business with WorkPro’s streamlined work rights checks and complete compliance solutions.
Ready to simplify your compliance process and ensure your workforce is always job-ready? Get started with WorkPro today!
Read more about Citizenship and Right to Work Check
- The Importance of Re-checking Work Rights
- The Legal Consequences of Non-Compliance with Work Rights Checks in Australia
- How to Streamline Your Work Rights Check Process with Technology
- Common Mistakes in Work Rights Checks and How to Avoid Them
- An Up-to-Date Guide to Work Rights Checks in Australia
- Case Studies and Testimonials: Work Rights Checks and Background Checks with WorkPro
