In Short
- A Notice of Intention to Take Action (NOITTA) indicates suspected non-compliance with sponsorship obligations for overseas migrants.
- Respond promptly to a NOITTA by providing evidence and relevant information to address the concerns raised.
- Failure to comply can result in severe actions such as sponsorship cancellation or civil penalties.
Tips for Businesses
If you receive a NOITTA, promptly consult a migration lawyer to understand the allegations and prepare a comprehensive response. Implement robust internal processes to ensure ongoing compliance with sponsorship obligations. Being proactive and seeking expert advice can significantly minimise potential penalties and protect your sponsorship status.
Table of Contents
If you are an approved Standard Business Sponsor (SBS) for the purposes of employer sponsorship for overseas migrants, you should be aware of your sponsorship obligations. If the Department of Home Affairs (DOHA) suspects any contravention, they may request more information through a written notice, and you must respond to this within a prescribed timeframe. This article provides information on responding to a Notice of Intention to Take Action (NOITTA) from DOHA.
What is a NOITTA?
If DOHA suspects that your business, being an SBS, is in breach of its sponsorship obligations, they can take action against you, including:
- issuing infringement notices; or
- imposing bars to prevent them from further visa sponsorships for a specific period.
While DOHA is considering taking action to cancel the sponsorship or imposing a temporary bar from sponsoring migrant workers, they must provide a written NOITTA. This gives you an opportunity to provide:
- evidence that any suspected contravention did not occur;
- information to mitigate against potential administrative sanctions or civil penalties; and
- comments against the criteria listed in the NOITTA.
What Information Does the NOITTA Contain?
The NOITTA will provide the specific circumstances for which the potential action is being considered and will also mention the specific details of the actions that can be taken in this specific situation.
In addition, the notice will specify the address to which the response must be addressed and the deadline for this response to be sent.
What Actions Can DOHA Take After Issuing a NOITTA?
As the NOITTA originates from a suspected failure to comply with sponsorship obligations, if DOHA is not satisfied with the response provided to the NOITTA, they may take actions directly related to the breach of specific sponsorship obligations.
DOHA could take one or more of the following actions against your business, with sanctions varying in severity based on the nature and extent of non-compliance:
- Cancellation of Sponsorship: By cancelling your existing sponsorship approval, DOHA effectively terminates your ability to continue sponsoring current workers.
- Sponsorship Bars: This prevents you from sponsoring new workers and making future applications for sponsorship approval.
- Civil Penalties: These may be administered through a tiered system of infringement notices, with corporations facing penalties of up to $82,500 and individuals up to $16,500 for each identified breach.
- Enforceable Undertaking: This requires you, the signatory, to promise, in writing, to undertake actions to rectify your failure to comply with your obligations, rectify the actions that led to the breach, and that non-compliance will not be repeated.
- Publication of Information: DOHA may publish information, including your personal details, to identify you as a sponsor who has not complied with the sponsorship obligations. This can also include any action taken against you.
- Civil Litigation: DOHA may commence any civil litigation in relation to the contraventions if they consider it to be in the ‘public interest’.
These actions are to be enforcement tools that enable DOHA to:
- maintain the integrity of the sponsorship program;
- ensure proportionate responses to different types of non-compliance; and
- protect migrant workers from being exploited under the guise of employer sponsorship.
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
What Should I Know About Sponsorship Monitoring?
It is essential for every approved SBS to be aware of their sponsorship obligations and to comply with them appropriately. DOHA can monitor approved sponsor’s compliance with their sponsorship obligations. Inspectors representing the Department have a number of powers under the Migration Act 1958, including but not limited to:
- comprehensive investigative powers to monitor and enforce compliance with sponsorship obligations;
- statutory authority to enter business premises or any location where the relevant records are maintained, enabling them to conduct thorough on-site investigations;
- during these inspections, interviewing personnel who are present at the premises and examining any work processes or objects pertinent to their investigation; and
- documentary access powers, including inspecting and duplicating both physical and electronic records maintained on-site, requesting immediate access to records or requiring their production within a designated timeframe.
How Should I Respond to a NOITTA?
It is important to discuss this with a migration lawyer or agent as soon as possible, as they will help you review the notice carefully to identify all alleged breaches and assist you in drafting the submissions addressing them through appropriate and relevant supporting documentation. This is especially so in relation to:
- sponsorship monitoring;
- information requests received from the DOHA;
- site visits; and
- any potential breaches.
Key Takeaways
DOHA maintains rigorous monitoring of sponsorship arrangements through various enforcement mechanisms. Approved sponsors must implement internal systems and processes to ensure continued adherence to sponsorship obligations, as non-compliance could trigger significant and long-term consequences. If you breach your sponsorship obligations, you must seek professional advice.
If you have received a NOITTA, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Acting promptly is crucial if you receive a Notice of Intention to Take Action (NOITTA). Engage a migration lawyer to help you understand the alleged breaches and draft a detailed response with supporting documentation. Timely and thorough responses can help mitigate potential sanctions.
DOHA may take various actions, including cancelling your sponsorship, imposing sponsorship bars, issuing civil penalties or requiring enforceable undertakings. They may also publicise your non-compliance and initiate civil litigation. Each action depends on the severity of the breach.
We appreciate your feedback – your submission has been successfully received.
