Articles
Immigration Law Update
The dynamic area of Immigration law is subject to constant change. Included in recent developments are the following:
- Increase of the Temporary Skilled Migration Income Threshold.
- Living away from home allowance now clarified.
- Employer Nomination Changes to Occur.
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Summary of Foreign Investment Review Board Policy Changes
On 24 April, 2010 the Assistant Treasurer Senator Nick Sherry announced that Temporary Residents are now required to seek Foreign Investment Review Board ("FIRB") approval to acquire residential real estate in Australia. The announcement also foreshadowed tough new penalties for non compliance, including sanctions for purchasers, sellers and agents involved in breaches of the Act.
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Occupational Health and Safety in Victoria
- Safe Working Environment
- Workplace Bullying
In Victoria, the principal duty imposed on employers under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2007 (Vic) is to, so far as reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
In discharging their principal duty towards employees, employers must be able to demonstrate that they have maintained the workplace in a safe manner; provided systems of work that are safe and without health risks; ensured the safe use, handiling, storage and transport of plant substances; and provided adequate facilities, information, instruction and training to enable employees to carry out tasks safely.
The obligations and duties of employers encompass the need to have effective systems in place to eliminate, and deal with, workplace bullying and violence.
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Recent changes to Foreign Investment Policy
In what can only be described as a knee jerk reaction to growing public criticism of foreign investment in Australia, on 24 April, the Assistant Treasurer, Nick Sheery, announced by press release, significant legislative changes to the Foreign Acquisitions and Takeovers Act, designed to tighten foreign investment rules relating to residential real estate. The announcement also foreshadowed tough new civil penalties for non compliance, including sanctions for purchasers, sellers and agents involved in breaches of the Act.
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Amendments to various Parent Category Visas
From 27 March 2010, the Migration Regulations 1994 ("The Regulations") have been amended to:
- allow certain applicants for a Contributory Parent (Migrant)(Class CA) visa and Contributory Aged Parent (Residence)(Class DG) visa to add their spouse, de facto or dependent child to their visa application after it is made but before it is decided;
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Foreign Investors Homing In
Rule changes mean foreign investors are now free to move away from the CBD and into suburban property.
New rules making it easier for foreign residents to invest in local real estate, along with an influx of overseas students, are changing the property market.
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Medical Treatment Visa
Medical Treatment visas may be available if you want to come to Australia for medical treatment, or if you want to accompany someone travelling to Australia for medical treatment. You may also be granted a medical visa if you are coming to Australia to donate an organ for transplant.
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Priority Processing
Updated Priority Processing effective from 23 September 2009
The Minister has set priority processing arrangements which apply to the following visas from 23 September 2009:
- Employer Nomination Scheme (ENS)
- Regional Sponsored Migration Scheme (RSMS)
- General Skilled Migration (GSM) visas except for:
- Skilled - Recognised Graduate Subclass 476
- Skilled - Designated Area - Sponsored (Residence) Subclass 883
- Skilled - Regional Subclass 887
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Same Sex Couples
January 2010
Up until 1 July 2009, same sex partners were recognised as being interdependent partners in interpendent relationships for migration purposes.
From 1 July 2009, same sex partners are recognised as being de facto partners for migration purposes.
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Contributory Parent Visa Changes
From 1 July 2009, the legislation changed to prevent persons who were granted a permanent Contributory Parent category visa from sponsoring their partner or fiance for a Partner or Prospective Marriage visa for five years from the day of their visa grant.
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The Points Test - An Explanation
December 2009
The points test is contained in schedule 6B of the Migration Regulations and is a means by which points are allocated to applicants for various personal attributes. For general migration purposes, the government favours young (under 45), well qualified people with good language skills and points are weighted in favour of applicants who can demonstrate these attributes.
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Contributory Parent Visa
December 2009
A new Parent visa, called the Contributory Parent visa, was introduced in 2003 and was designed to "fast track" applications for Permanent Residence by parents of Australian citizens or Permenent Residents who were prepared to pay a significant application fee and security bond. The number of visa places available in any year is capped by the Government and due to this, and the increase in the popularity of the visa, applications can now take up to two years to process.
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Sponsoring a Temporary Overseas Employee
December 2009
Australia offers a Temporary Residence Program (TRP) which enable overseas persons with employment opportunities, business interests, and/or an involvement in social and cultural activities in Australia, to come to Australia for that specific purpose. The program is designed to benefit Australia in the areas of employment, and social/cultural and international relations.
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Partner Visas - Spouse/de facto/Prospective Spouse
December 2009
This visa type is suitable for the wife, husband or de facto partner of an Australian sponsor. There are several requirements that applicants must meet in order to be considered for a Spouse Visa.
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Subclass 420 - Entertainment Visa
December 2009
The Subclass 420 Entertainment Visa category is a temorary visa designed to assist Australian communites access a wide range of social and cultural events and activities, without jeopardising the employment of Australians in the entertainment industry.
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Adoption Category Visa
December 2009
In Australia, the processing on intercountry adoptions is the responsibility of state and territory adoption authorities such as the Department of Family Services. These authorities manage arrangements for adopting children from overseas including assessing and approving prospective adoptive parents. The Australian Government, through the Attorney-General's Department, has the responsibility for managing existing programs and negotiating new programs with other countries.
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Employer Nominated Migration
November 2009
Under what is known as the Employer Nomination Scheme it is possible for Australian employers to recruit and nominate skilled people to fill positions that cannot be filled from the Australian labour market or through their own staff training. Visa applicants can either be in or outside Australia at the time of visa application.
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Fair Work Act 2009. National Employment Standards. Unfair Dismissals.
October 2009
The Fair Work Act 2009 has introduced major changes to Australian Workforce Laws. They are meant to provide a balance between the needs of Employers and Employees, and particularly to accommodate the needs of the Small Business Sector.
This article summarises the changes and discusses the impact they will have on both Employers and Employees.
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Significant Changes to Subclass 457 Visas
October 2009
Sweeping reforms to the Migration Act and Regulations were introduced on 14 September 2009.
The changes are designed to strengthen the integrity of the Temporary Skilled Visa Program and to ensure that the working conditions of sponsored visa holders meet Australian standards.
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Market Rates for Temporary Skilled Overseas Workers
September 2009
On 6 September 2009, the Minister for Immigration and Citizenship Senator Chris Evans, announced details of the requirement for Temporary Skilled Workers to be paid market salary rates.
The requirement will apply to all new Subclass 457 visa holders from 14 September 2009 except where annual earnings of $180,000 or more are proposed.
Under transitional arrangements, employers currently paying less than the market salary rate to Subclass 457 employees will have until 1 January 2010 to comply.
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Skills Assessments Introduced for Subclass 457 Visas
August 2009
The Australian Government has announced a number of changes to the Subclass 457 Visa Program from 1 July 2009. Two of these changes apply to 457 visa applicants in trade occupation and chefs:
- increasing the existing minimum language requirement from 4.5 IELTS to 5 IELTS; and
- progresssively introducing formal skills assessment for 457 visa applicants from a number of countries in trade occupations and chefs.
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Owner-builder. Liability for defects after sale
July 2009
Owner-builders are subject to significant obligations under the Building Act 1993 (Victoria) when selling their home. What is not sufficiently understood is the continuing liability that owner-builders face with respect to any defects which might be in existence or arise following sale.
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Separating from your spouse .... who will get the kids?
A common concern for a parent experiencing a relationship breakdown is how to sort out arrangements for their children. Once an agreement has been reached between separating parents, these arrangements can be drawn up as Parenting Orders or a Parenting Plan.
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Family Law Act now covers parties in de facto relationship
July 2009
The Family Law Act was recently amended to provide that parties in de facto relationships, whether heterosexual or same sex, who separate after 1 March 2009 will have their property and maintenance matters dealt with under the Family Law Act (although certain exceptions apply). Parties in de facto relationships whose relationship breaks down before 1 March 2009 can "opt in" to the new regime.
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New Minimum Salary Level (MSL) requirements for 457 visa holders*
(June 2009)
On 1 July 2009 the Minimum Salary Level (MSL) for all subclass 457 visa holders will increase by 4.1%. Employers who are found not to be paying the appropriate MSL properly will be in breach of their sponsorship obligations which can result in severe penalties. The penalties include cancellation of sponsorship approval, warning notices, suspension from accessing the 456 visa program or financial penalties.
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Nevett Ford Award for Academic Excellence University of Ballarat
May 2009
Nevett Ford has continued its support of the School of Business of the University of Ballarat in awarding an undergraduate student the Nevett Ford Award 2009.
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Visitors to Australia covered by Reciprocal Health Care Agreements(1)
(May 2009)
Australia has Reciprocal Health Care Agreements with nine countries which provides eligible visitors with access to Medicare and to Pharmaceutical Benefits.
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Employee Work Rights & the Employer Amendments (Employer Sanctions) Act 2007 (Cth)
May 2009
Employers and their agents (including recruitment firms) face significant penalities if employing workers without valid work rights permitting the employee to work in Australia.
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Wind Farm Leases
March 2009
Farmers in the Ballarat and Western Districts are being approached by wind farm companies seeking to place turbines on their land.
Unfortunately, in the excitment of additional income and a chance to "drought proof" their land, many cockies simply sign on the dotted line. The documents are generally option deeds or agreements for lease which commit the landowner, but not the wind farm company.
"Building quality relationships with clients"
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Adult Maintenance for Children Over 18
March 2009
The Family Law Act makes provision for orders to be made for the financial support necessary for the maintenance of a child.
In making orders, the Court must, among other things, take into account the proper needs of the child and have regard to the age, the manner in which the child is being educated or trained and any special needs of the child.
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Child Support Reform
March 2009
The Australian Child Support Scheme is undergoing major reform and is being introduced in three stages. The reform is in response to the report of the Ministerial Task Force on Child Support released in June 2005, "In the Best Interests of Children - Reforming The Child Support Scheme". Stages 1 and 2 of the reform have already been introduced and stage 3, under which the most significant change will occur, was introduced on 1 July 2008.
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Global Financial Crisis
March 2009
The World economic meltdown, known as the Global Financial Crisis, has afftected all of us. Individuals, companies, businesses, are all, in some way or other, affected and are likely to be into the future.
2008 was a tough year and 2009 will continue to present enormous challenges.
Our Business Law Team is well placed and experienced to advise individuals, companies and businesses in dealing with the issues that are likely to confront them in these difficult times.
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Workers Protection Act
February 2009
As a result of the rapid expansion in the use of the Subclass 457 Visa category, a number of problems which required Government attention have come to light.
Over time the range of occupations for which visas were sought had extended to lower skilled occupations with the result that a large number of workers coming into the country had low level English skills. Many of these workers are susceptible to opportunistic employers.
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Changes to Foreign Investment Rules
February 2008
New Regulations are due to come into effect in the first week of March aimed at reducing the restriction on the rights of foreign residents to purchase Australian real estate.
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The Relationships Act 2008 (Vic)
November 2008
The Relationships Act 2008 (Vic) is due to come into force within the next few months. The Act deals with the way in which parties' property and financial resources will be distributed, in the event of the breakdown of the relationship. Parties in domestic relationships (formerly known as de facto relationships) should be aware of the changes to the existing laws and may wish to contract out of the new legislation by entering into a Relationship Agreement.
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Surprise decrease to the penalty interest rate
September 2008
After remaining stable at 12% since 2006, last week the Victorian State Government announced that the official penalty interest rate will decrease to 11% per annum from 1 September 2008.
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Owners Corporations (Some tips on living with the new Owners Corporation Act 2006)
On 31 December 2007 new legislation, the Owners Corporation Act 2006, came into operation.
What is an Owners Corporation?
An Owners Corporation is a separate legal entity which is created when a plan of subdivision creates an area referred to a common property. They were formerly called body corporates.
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Update on Government Home Buyers Benefits and Duty Concessions
August 2008
First home owners grant and bonus.
The first home bonus has been extended to offer an additional $3,000.00 grant to purchase a newly constructed home for those eligible for the first home bonus in regional Victoria.
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457 Visa Scheme - recent changes and what they mean
June 2008
Recent adverse publicity to the 457 Visa Scheme has resulted in a number of amendments to the rules, some of which involve criminal sanctions for breach. Employers need to be aware of how those changes might affect them.
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Borrowing by Super Funds
April 2008
As many would be aware, recent changes to the superannuation laws now enable super funds to borrow money to purchase assets and thereby gear up their holdings - a concession likley to appeal to many clients.
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Recent changes relating to the employment of overseas workers
April 2008
The past 12 months or so has seen a flurry of activity in relation to the Subclass 457 Visa category, culminating in a series of significant changes to the Regulations governing the terms and conditions upon which overseas skilled workers may be employed in Australia - with more changes yet to come.
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Buying a new franchise? Top tips
December 2007
Franchising continues to boom - understandably, being the purchase of a ready-to-go business system, with back-up support and an established product, name and logo. But franchises have a dark side too. Requiring a large investment of time and money over many years, it is not uncommon for a franchisee, only a year or two in, to be floundering because promises of support, customer referrals and revenue have been vastly overstated.
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When employees bolt with your business
December 2007
Many business owners are fearful that their employees may depart with copies of their client details, trade secrets, "know-how" and fellow employee contact details, only to set up business in competition.
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