Document VEVO checks + retain employer records (s 245AYL Migration Act)
Employers should document VEVO checks at hire; statutory defence for compliant employers.
Who must comply
All Australian employers + labour-hire intermediaries.
What triggers it
Hiring a non-citizen.
When due
At hire; periodic re-check for fixed-term visas.
Evidence required
VEVO check screenshot/PDF; periodic re-verifications; passport scan if relevant.
Max penalty
Loss of statutory defence + criminal exposure for allowing illegal work
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Section 245AYL Migration Act provides statutory defences for employers who undertake + document prescribed work entitlement verifications (typically via VEVO). Without documentation, employer cannot rely on defence if illegal worker prosecution arises.
Enforced by
Source legislation
Topics
Related
- CWLTHVerify work rights via VEVO before employmentEmployers must verify visa work rights via VEVO before hiring non-citizens.
- CWLTHSkills in Demand visa (subclass 482) — 3 streams from 7 December 2024Subclass 482 (Skills in Demand) nominations are made in one of 3 streams: Specialist Skills, Core Skills or Labour Agreement.
- CWLTHComply with Standard Business Sponsor obligations (482 + 494)Business sponsors of 482 / 494 visas must meet labour market testing, equivalent terms + record-keeping.
- CWLTHPay Skilling Australians Fund (SAF) levySponsors of 482 visa applicants pay SAF levy at nomination time.
Frequently asked questions
- Who must comply with Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- All Australian employers + labour-hire intermediaries.
- What triggers Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Hiring a non-citizen.
- When is Document VEVO checks + retain employer records (s 245AYL Migration Act) due?
- At hire; periodic re-check for fixed-term visas.
- What is the maximum penalty for Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Loss of statutory defence + criminal exposure for allowing illegal work
- What evidence is required for Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- VEVO check screenshot/PDF; periodic re-verifications; passport scan if relevant.
Source: https://immi.homeaffairs.gov.au/visas/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.