Immigration Guidelines - Right to Work

Overview

Under current (June 2007) Department of Immigration and Citizenship (DIAC) legislation, the University of Ballarat is responsible for ensuring that all it's employees have the right to work in Australia. Breaches of this legislation can result in fines of up to "$66,000 per illegal worker and/or two years imprisonment, where a worker has be exploited, the penalties will be higher for both individuals and companies" (DIAC Website, June 2007).

In order ensure that all employees have the right to work in Australia, the University will ask individuals before their employment commences to state whether or not they are Australian citizens.

If an individual is not an Australian citizen, they will then be asked to provide evidence of their right to work before commencing employment with the University.

Applicants without the right to work in Australia may still apply for a position with the University of Ballarat. In some cases the University may be able to assist in obtaining the right to work.

In order to ensure potential applicants are aware of this, all application forms include the following wording:

"Please note that in order to work at the University of Ballarat you must have the right to work in Australia. If you do not currently have that right, you may apply for this position and the University may be able to assist you in obtaining that right. However the University offers no guarantee of such assistance."

Procedures

Continuing contracts

Applicants may apply for continuing appointments with the University, however most positions advertised are subject to the successful completion of a probationary period. A continuing appointment can only be confirmed upon successful completion of the probation period which may affect an application for permanent residency (as employment can not be guaranteed until the continuing appointment is confirmed).

At this point UB will assist by lodging an Employer nomination for Permanent Residency. The nomination application must be lodged with, or before, the visa application. If Permanent Residency is granted the University must sight the relevant documentation and place a copy on the personnel file.

For full details on the procedures and implications of sponsorship, please refer to to the section on Sponsorship, or the DIAC website.

Fixed-term contracts

Applicants with Australian Permanent Residency or another Visa with unrestricted work rights, will need to provide evidence to the University prior to commencing employment, to varify their right to work.

The Human Resources Directorate may seek assistance from School or Directorate senior administrative staff to obtain documentary evidence of an employee's right to work in Australia.

Casual or sessional staff

Casual and sessional staff are generally managed within individual Schools and Directorates. In this case employees and/or their supervisor must complete the "right to work" statement on their casual/sessional employment contract before the employee commences employment.

The supervisor must sight the original documentation certifying the employee has the right to work. A certified copy of this documentation should be provided to Human Resources along with the Employment Contract.

If you are unsure of a persons right to work please contact Richelle Brehaut on ext 9367 for clarification and advice.

It is important this process is followed even if the person has been employed by the University before, as their Visa status and Right to Work may have changed. The University must ensure staff have the right to work in Australiaon commencement of their employment. However, the employee is responsible for advising the University should their Visa conditions change at any time during their employment.

Evidence

DIAC provides very clear guidelines about what constitutes acceptable documentary evidence:

Documents which provide proof of the right to work ARE :

• Full Australian Birth certificate
• Australian Citizenship certificate
• Australian passport
• Certificate of evidence of Citizenship
• Valid visa with work rights

Documents which are NOT acceptable as proof of the right to work are:

• Tax File Number
• Driver's licence
• Medicare card
• Bank account
• Referrals from employment agencies or labour suppliers
• References from previous employers

People visiting Australia from overseas do so under a visa or similar arrangement. In all cases, their "visa notification" will clearly state whether or not they have the right to work and any restrictions on that right.

Some individuals will have permanent residency. This means they still hold an overseas passport, but their Australian visa allows them full permanent resident rights, including the right to work.

In most cases casual employees from overseas will be International Students. If DIAC restrictions are creating a problem for a student, the student should be encouraged to seek support and advice from International Student Programs or the Department of Immigration and Citizenship.

If a student has the right to work, but their visa limits the number of hours they can work, the student must abide by such restrictions. If the University becomes aware a student is working too many hours, the University must not continue to employ the student, and should advise the student to seek support from International Student Programs on how to manage their work appropriately.

For full details regarding Immigration and the Right to Work, please refer to the DIAC website .