Originally posted by johngreek
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Consequences of being unlawful
Unlawful non-citizens have no entitlement to remain in Australia and are expected to depart. Where unlawful non-citizens refuse to leave Australia voluntarily, they may be detained and removed from Australia at the earliest practicable opportunity.
What happens to illegal workers?
People who work in Australia without immigration authority or who do not comply with the work condition attached to their visas, for example, by working more hours than their visa allows, are breaking Australian law.
The department treats the issue of people working illegally or in breach of visa conditions very seriously and is committed to working with the community, employers, labour suppliers and industry to combat illegal work in Australia.
The department requires visa holders to comply with their visa conditions. Action against those who seriously breach these requirements can lead to possible visa cancellation, removal from Australia and re-entry bans of up to three years. ***
The department undertakes a broad range of activities to address illegal work. Employer awareness information sessions are conducted to educate employers, industry peak bodies and unions about immigration status checking with the aim of reducing the number of illegal workers.
The department also works with the Fair Work Ombudsman, Australian Taxation Office, Department of Human Services, Australian Federal Police and state police authorities to locate and identify illegal workers.
Penalties for employing an illegal worker
Since 2007 it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labour hire companies, employment agencies and anyone who allows illegal workers to work, or refers illegal workers for work.
On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. The existing criminal penalties remain.
The new penalties apply where a person allows or refers:
an unlawful non-citizen to work
a lawful non-citizen to work in breach of a visa condition that limits or restricts work.
Businesses can avoid penalties by taking reasonable steps to check their workers can be legally employed.
Overstayers and others who are working illegally are taking job opportunities away from unemployed Australian citizens and residents.
The department provides support for employers to assist them to confirm whether people who are temporarily in Australia are entitled to work.
Locating unlawful non-citizens and people in breach of their working conditions
The department uses a wide range of sources to locate unlawful non-citizens and people breaching their visa conditions. Referrals may be made by employers, educational institutions, departmental investigations, community information, police or other government agencies.
Three government departments—the Department of Immigration and Border Protection, Centrelink and the Australian Taxation Office—share information so as to locate non-citizens who are employed illegally, or claiming welfare payments and benefits to which they are not entitled.
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