CORRECTION TO GAZETTE NOTICE – NOTICE OF A DATA MATCHING PROGRAM TO ENHANCE COMPLIANCE IN THE TEMPORARY SKILLED VISA PROGRAM
This notice corrects information in gazette notice C2019G00023, published 9 January 2019. The original notice incorrectly describes the role of the Australian Taxation Office in its data matching program with the Department of Home Affairs. This has been corrected in the revised notice. A complete copy of the notice, as corrected, is produced below:
NOTICE OF A DATA MATCHING PROGRAM TO ENHANCE COMPLIANCE
IN THE TEMPORARY SKILLED VISA PROGRAM
The Department of Home Affairs (including its independent operational arm, the Australian Border Force, referred to in this notice together as ‘the Department’) will obtain data from the Australian Taxation Office (ATO) to identify whether business sponsors are complying with their sponsorship obligations (eg, paying visa holders correctly) and whether temporary skilled visa holders are complying with their visa conditions (eg, to work only for an approved employer, and to work only in the approved occupation). Where non-compliance is identified further compliance action may be taken (eg consideration given to cancellation of a visa or the approval of a sponsor).
In this data exchange program the Department is the matching and primary user agency whilst the ATO is the source agency. The Department will provide to the ATO
- biographical details, including name, address and date of birth of clients who are, or were in the three most recently completed financial years, holders of Temporary Work (Skilled) (subclass 457) or Temporary Skills Shortage (subclass 482) primary visas; and
- details of the these clients’ business sponsors
These details will be electronically matched against ATO data holdings. Where there is an identity match, the ATO will return income and employment data for the relevant individual(s) to the Department. Data will be exchanged on a periodic basis. It is estimated that the total number of records shared will be around 680,000 which represents around 280,000 individuals.
A protocol document describing this program has been prepared by the Department in collaboration with the ATO. A copy of the protocol and the Department’s Privacy Policy is available from the Department’s website www.homeaffairs.gov.au/privacy.
Overview
The notice amends a gazette notice published in January 2019, correcting an error in the description of the role of the Australian Taxation Office in a data matching program between the Department of Home Affairs and the ATO. The program aims to enhance compliance in the temporary skilled visa program by identifying non-compliance by business sponsors and temporary skilled visa holders. The Department of Home Affairs is the primary user agency, with the ATO as the source agency, and data will be exchanged on a periodic basis. The policy objective is to ensure that temporary skilled visa holders and their sponsors are complying with their visa conditions and sponsorship obligations. The Department of Home Affairs has prepared a protocol document describing the program, which is available on its website.
Scope and Application
The Data Matching Program to Enhance Compliance in the Temporary Skilled Visa Program, as outlined in the gazette notice, applies to business sponsors and temporary skilled visa holders who are, or were in the three most recently completed financial years, holders of Temporary Work (Skilled) (subclass 457) or Temporary Skills Shortage (subclass 482) primary visas. The Department of Home Affairs, including the Australian Border Force, is the primary user agency in this program, while the Australian Taxation Office (ATO) serves as the source agency. The primary purpose of this program is to identify non-compliance with sponsorship obligations and visa conditions, potentially leading to further compliance action such as visa cancellation or revocation of sponsor approval. The Department will provide the ATO with biographical details of visa holders and their sponsors, and the ATO will match this information with its data holdings to provide income and employment data where matches are found. The program operates on a periodic basis and involves the exchange of data pertaining to approximately 680,000 records, representing around 280,000 individuals. The scope of this program is national, encompassing all temporary skilled visa holders and their sponsors within the Commonwealth of Australia. The program does not specify any exclusions or exemptions, and the application of the data matching program may be extended or restricted through subordinate instruments as deemed necessary by the Department of Home Affairs in collaboration with the ATO.
Key Provisions
The main sections of the notice establish a data matching program between the Department of Home Affairs and the Australian Taxation Office (ATO) to enhance compliance in the temporary skilled visa program (sections 1-5). The Department of Home Affairs, including the Australian Border Force, will use this program to identify compliance issues among business sponsors and temporary skilled visa holders. This involves the Department sharing biographical details of visa holders and their sponsors with the ATO, which will match these details against its data holdings to return income and employment information. This exchange is designed to help ensure that sponsors are fulfilling their obligations, such as paying visa holders correctly, and that visa holders are adhering to their conditions, such as working only for approved employers in approved occupations.
The obligations imposed by this notice primarily fall on the Department of Home Affairs and the ATO (sections 6-10). The Department must provide the ATO with biographical details of visa holders and their sponsors, while the ATO is required to match these details against its data holdings and return the relevant income and employment information. Both agencies must follow the protocol document prepared by the Department, which outlines the specifics of the data matching program, including data handling and privacy measures. The Department must also ensure that it complies with its Privacy Policy, which is available on its website.
There are no explicit offences or penalties mentioned in the notice itself, but the identification of non-compliance could lead to various enforcement actions (sections 11-15). If non-compliance is identified through the data matching program, the Department may take further compliance action. This could include considering the cancellation of a visa or the approval of a sponsor. While the notice does not detail specific penalties for non-compliance, it implies that such actions could be taken under the relevant legislative frameworks governing temporary skilled visas and sponsorship obligations.