Section 245AYAA — Objects of this Subdivision

245AYAA Objects of this Subdivision

(1) The objects of this Subdivision are as follows:

(a) to protect, to the extent possible, non-citizens (other than holders of permanent visas) from being exploited, or further exploited, by employers;

(b) to ensure that such non-citizens are not exposed to employers or workplaces that have engaged in serious, deliberate or repeated non-compliance with certain laws;

(c) to ensure that non-compliance is dealt with in a way that considers the impact of any sanctions on such non-citizens, the employer and the community as a whole.

(2) This Subdivision aims to achieve its objects by:

(a) empowering the Minister to declare persons to be prohibited employers; and

(b) requiring the Minister to ensure that imposing such a prohibition, including the duration of such a prohibition, is proportionate to the person’s misconduct; and

(c) requiring the Minister to consider the impact on non-citizens (other than holders of permanent visas) of making such a declaration; and

(d) encouraging employers to demonstrate their ability to:

(i) remediate their non-compliance; and

(ii) comply with the law relating to migrant worker sanctions in the future.