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refused or the nomination was withdrawn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