Worker Protection (Migrant and Other Employees) Bill

4 New section 275A and cross-heading inserted

After section 275, insert:

Power to access employment documents

275A Power to access employment documents

(1)

An immigration officer may exercise the power in subsection (2) for the following purposes:

(a)

determining whether a supporting employer is employing (or has employed) a supported employee in accordance with the work-related conditions of the supported employee’s visa:

(b)

determining whether a supporting employer is complying (or has complied) with the supporting employer’s obligations (which, to avoid doubt, include the obligation not to commit an offence) under this Act.

(2)

An immigration officer may require a supporting employer to supply a document (or a copy of it) that is—

(a)

a wages and time record, or leave record kept in accordance with the provisions of any Act; or

(b)

any other document relating to the remuneration or employment conditions of a supported employee (for example, an employment agreement).

(3)

A supporting employer must comply with the requirement immediately after receiving it, or, if that is not practicable, within 10 working days of the date on which the requirement is received.

(4)

A supporting employer is not excused from complying with the requirement on the ground that complying might tend to incriminate them or expose them to a penalty.

(5)

In this section, supporting employer means an employer in relation to either of the following people (who is a supported employee of that employer):

(a)

a person who was required by immigration instructions to have an offer of employment to be granted a visa and had an offer from that employer; or

(b)

a person who has work-related conditions of their visa specifying that they must work for that employer.