Ang Kalatas October 2018 Issue | Page 12

perspective JESSIE ICAO is a practising solicitor in NSW and registered migration agent (MARN 9367993). The information provided is of a general nature and cannot be relied as a definite legal advice. The reader should seek advice from a registered migration agent if it applies to their situation. IT'S THE LAW A mandatory SAF levy Are you an employer who wants to sponsor a foreign skilled worker to work on your company? Commencing 12 August 2018, the law requires that an employer nominating a job to a foreign worker will now pay the Skilling By JESSIE ICAO Australians Fund (SAF) levy and must advertise the position in a designated recruitment publication. SAF levy is mandatory for the following visa: Temporary Skills Shortage visa (TSS 482); Employer Nomination Scheme (ENS 186) visa; and Regional Sponsored Migration Scheme (RSMS 187) visa. The purpose of SAF levy is to require employers who sponsor temporary skilled workers to contribute to the broader skills development of Australian traineeship and apprenticeship. The levy will be administered by the Department of Education and Training (DET). This new requirement replaced the training benchmark requirement under the old 457 visa which ceased on 18 March 2018 which previously required employer to contribute 1% of their payroll towards training Australian citizen or permanent resident. There is no exemption on SAF levy except religious worker like Minister of Religion who is sponsored under the Labour Agreement Stream. Refund is allowed in limited circumstances, among others: if the sponsorship and nomination is approved but the visa applicant did not arrive or did not commence working; nomination application is refused; visa application is refused or the nomination was withdrawn before the decision. LABOUR MARKET TESTING STARTING 12 August 2018, all applicants in short and medium term streams; labour agreement stream and global talent scheme must submit evidence of testing the labour market during the lodgement of nomination application and this must be undertaken within four months before filing the nomination and the advertisement must be made within 28 days. The details of the advertisement must include: title or description of the position; advertisement must be made in Australia and in English; contain skills and experience required for the position; name of sponsor and annual salary if the salary offered is less than $96,400. It is also important that the two advertisements will be advertised in either of the following: jobactive.gov. au or SEEK or Career One; recruitment websites with national reach; LinkedIn recruitment platform but not on members only LinkedIn; national print media with national reach; national radio or business website if the sponsor is accredited. Twitter or Instagram or Gumtree is not accepted. ON DOMESTIC VIOLENCE New laws for better protection on the way VICTIMS of domestic violence will have greater protection in NSW with the introduction of tougher strangulation laws and longer Apprehended Domestic Violence Orders (ADVOs). A simpler ‘strangulation’ offence that will be easier to prove will be introduced, with a maximum sentence of five years imprisonment. “If passed, these reforms will provide better outcomes for victims, make perpetrators more accountable and help reduce domestic violence reoffending,” said NSW Attorney General Mark Speakman. The Minister for Prevention of Domestic Violence and Sexual Assault, Pru Goward, said the new strangulation offence recognised the results of research which demonstrate such attacks can be a precursor to tragedy. “The new offence will resolve the current situation whereby many strangulation incidents are being prosecuted under lesser charges such as common assault, for which the maximum sentence is two years imprisonment,” she said. The new laws also give the NSW Police Force the power to immediately vary ADVOs to respond to serious and immediate risks to victims. NSW Police Commissioner Mick Fuller said this new power will help reduce stress on victims. 12 OCTOBER 2018 | AK NewsMagazine, Vol 9 No 1 www.kalatas.com.au