What is a Notice of Intention to Take Action (NOITTA)? Business Sponsorship Compliance
Suppose you are an Accredited Sponsor or Standard Business Sponsor in Australia. In that case, you may have received a Notice of Intention to Take Action (NOITTA) from the Department of Home Affairs (DOHA) or the Australian Border Force (ABF).
What is a Notice of Intention to Take Action (NOITTA)?
This notice signals that the authorities actively monitor your compliance with sponsorship obligations under the Migration Act 1958. Understanding the implications of this notice and the broader compliance landscape is crucial for maintaining your business's integrity and operational stability.
What are the specific powers held by the DOHA and the ABF?
The DOHA and ABF have several powers to ensure sponsors adhere to their obligations. These powers include:
Entering Business Premises: Immigration inspectors can enter your business premises or any location where records are maintained.
Conducting Interviews: Inspectors have the authority to interview any individuals present at the premises.
Inspecting Work Processes: They may inspect any work processes or objects relevant to compliance.
Document Inspection: Inspectors can examine and make copies of any records or documents, including electronic files, stored on-site.
Requesting Access to Records: They may request immediate access to specific records kept at the premises.
Requesting Document Production: Sponsors may be required to produce documents within a specified timeframe.
What are the Possible Sanctions for Non-Compliance?
Failure to comply with sponsorship obligations can result in severe repercussions, which may include:
Cancellation of Sponsorship Approval: Your approval as a standard business sponsor (SBS) may be revoked.
Bar from Sponsoring Workers: You could be prohibited from sponsoring additional overseas workers.
Ineligibility for Future Applications: There may be a ban on making further applications to become an approved business sponsor.
Infringement Notices and Civil Penalties: Courts may impose financial penalties for non-compliance.
Enforceable Undertakings: You might be required to enter into enforceable agreements with the DHA/ABF to rectify compliance issues.
It is important to note that multiple sanctions can be applied simultaneously, amplifying the impact on your business and leading to further issues to sponsor and nominate an employee.
What are the Next Steps after I receive a NOITTA?
Taking immediate action is critical if your organisation is under scrutiny from the DHA/ABF or has received a NOITTA. Engaging experienced immigration legal representation can provide invaluable support in navigating this complex landscape and can assist in:
Understanding Your Obligations: Clarifying your responsibilities as a sponsor and how to meet them.
Responding to Notices: Formulating appropriate responses to any notices received from the authorities.
Developing Compliance Strategies: Creating a robust compliance framework to prevent future issues.
How Can Agape Henry Crux Help
Receiving a Notice of Intention to Take Action (NOITTA) can be a daunting experience for business sponsors in Australia. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You can book a time with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.