Introduction

1.1        On 22 June 2017 the Senate referred the provisions of the Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017 (the bill) to the Legal and Constitutional Affairs Legislation Committee (the Committee) for inquiry and report by 17 October 2017.[1] In referring the bill for inquiry, the Selection of Bills Committee noted that stakeholders had voiced concerns in relation to the unintended consequences of the proposed changes to skilled migration visas; and that the complexity of the bill warranted further consultation and investigation.[2]

Background and purpose of the bill

1.2        On 16 August 2017, Mr Alex Hawke MP, Assistant Minister for Immigration and Border Protection, outlined the key measures proposed in the bill and provided the following explanation for the bill:

The measures in this bill will:

• allow the public disclosure of sponsor sanctions;
• allow the Department of Immigration and Border Protection to collect, record, store and use the tax file numbers of certain visa holders for compliance and research purposes;
• provide certainty around when merits review is available for visas that require an approved nomination; and
• allow the department to enter into an enforceable undertaking with a sponsor who has breached their sponsor obligations.

These measures complement and are part of the significant reform package to abolish the subclass 457 visa and replace it with a new temporary skill shortage visa. The measures in this bill will apply to temporary and permanent sponsored skilled work visas, which include the 457 visa and its replacement, the temporary skill shortage visa.

These measures strengthen the integrity of these visa programs, and protect Australian and overseas workers.

Tax file number sharing and the disclosure of sponsor sanctions will also give effect to recommendations made in Robust new foundations: an independent review into integrity in the subclass 457 program.[3]

Conduct of the inquiry

1.3        Details of this inquiry were advertised on the Committee's website, including a call for submissions to be received by 8 September 2017.[4] The Committee also wrote directly to some individuals and organisations inviting them to make submissions. The Committee received two submissions, which are listed at appendix 1 of this report.

Financial implications of the proposed measures

1.4        The Explanatory Memorandum notes that the financial impact on the proposed amendments is 'low'.[5]

Reports of other Committees

1.5        The Senate Standing Committee for the Scrutiny of Bills,[6] as well as the Parliamentary Joint Committee on Human Rights,[7] raised concerns in relation to the Bill. These concerns will be discussed in chapter two.

Structure of this report

1.6        This report consists of two chapters:

• This chapter provides an overview of the bill, as well as the administrative details of the inquiry.
• Chapter two outlines the provisions of the bill, discusses the key issues raised about the proposed amendments, as well as providing the committee's views and recommendation.

Acknowledgements

1.7        The committee thanks the organisations that made submissions to this inquiry.

Navigation: Previous Page | Contents | Next Page