Overview

The Migration Regulations 1994, as amended by the CLASSES OF PERSONS 2015 (F2015L00708), address a specific legislative gap in the Migration Act 1958 by granting Temporary Protection visa applicants who have been granted a Bridging E (Class WE) visa permission to work. This legislative instrument, enacted by the Parliament of Australia, was introduced to provide clarity and ensure that these applicants, who have been granted a Bridging E visa under section 195A of the Migration Act 1958, are permitted to work during their stay in Australia. The policy objective is to streamline the process for these applicants by granting them the necessary work permissions, thereby integrating them more effectively into the Australian workforce while they await the finalisation of their visa status. This legislative amendment operates under the authority of paragraphs 050.613A(1)(b) and 051.611A(1)(c) of the Migration Regulations 1994, effectively revoking the previous Classes of Persons instrument (IMMI 12/114) dated 20 November 2012. It is important to note that this instrument was exempt from the requirement for a Regulatory Impact Statement and a Statement of Compatibility with Human Rights, as it is considered a minor or machinery nature and does not substantially alter existing arrangements. The changes introduced by this instrument commenced on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Classes of Persons 2015 legislative instrument operates under the Migration Regulations 1994 and revokes the previously issued IMMI 12/114 Classes of Persons signed on 20 November 2012. Its primary objective is to extend work permissions to certain visa applicants, specifically those granted a Bridging E (Class WE) visa. This instrument applies to individuals who have been granted a Bridging E (Class WE) visa (subclass 050 or 051) under section 195A of the Migration Act 1958 and who meet the conditions specified in clauses 050.613A or 051.611A. The instrument is crafted in a manner that does not substantially alter existing arrangements, hence consultation was deemed unnecessary as per subsection 18(1) of the Legislative Instruments Act 2003. Furthermore, the instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation and in accordance with section 44 of the Legislative Instruments Act 2003. This legislative instrument commences on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key provision of this legislation is found in clause 4, which grants Temporary Protection visa applicants who have been granted a Bridging E (Class WE) visa (subclass 050 or 051) permission to work. This is a significant change as it expands the categories of visa applicants who are permitted to work under the Migration Regulations 1994. Specifically, it now includes those who have been granted a Bridging E (Class WE) visa under section 195A of the Migration Act 1958 and meet certain criteria as outlined in clauses 050.613A or 051.611A of the Regulations. This change aims to provide greater flexibility and support for individuals in temporary protection situations. In terms of obligations, the Regulations impose certain conditions and requirements on those who are granted the permission to work under these provisions. For instance, they must comply with any conditions attached to their Bridging E (Class WE) visa, such as restrictions on the type of work they can undertake or the number of hours they can work. Furthermore, they must adhere to all other relevant employment laws and regulations, such as those relating to workplace health and safety or minimum wage rates. Failure to comply with the obligations or requirements of the Regulations may result in civil or criminal consequences. For example, an employer who knowingly hires or continues to employ a person who does not have the legal right to work in Australia may be subject to penalties under section 267 of the Migration Act 1958. This can include fines of up to $33,000 for an individual and $165,000 for a corporation, as well as potential imprisonment for serious or repeated breaches. Additionally, an individual who knowingly makes a false or misleading statement in their application for a visa or other benefit may be subject to penalties under section 131A of the Act, which can include fines of up to $22,000 and/or imprisonment for up to two years. It is important to note that the Regulations also contain provisions for the cancellation or revocation of a visa if it is found that the holder has engaged in conduct that makes them ineligible for the visa or that poses a risk to the community. For example, under section 116 of the Migration Act 1958, a visa may be cancelled if the holder has been convicted of a serious criminal offence or if they pose a risk to Australia's national security. The maximum penalty for contravening these provisions can include fines of up to $165,000 and/or imprisonment for up to ten years.