What is adverse information?
For the purposes of a request for endorsement to access the Northern Territory DAMA, adverse information about a business may include: any investigation, conviction, finding of non-compliance, administrative action, or legal proceeding in relation to a federal, state or territory law relating to immigration, industrial relations or occupational health and safety.
What must be disclosed?
When making a request for endorsement to access the Northern Territory DAMA to the Department of Trade, Business and Innovation (DTBI), the employer must provide a statement confirming that their business, or any associated entity the employer may have been previously associated with, has not been investigated or audited in the past five years in relation to:
- compliance with migration provisions
- compliance with industrial relations and workplace relations provisions, and
- compliance with occupational health and safety provisions.
If the current business, or an entity with which the employer has been previously associated has been investigated or audited during this period of time, details of the outcomes of those investigations or audits must be provided.
What do I do if my business has been investigated or audited?
If a business has been investigated or audited it should provide information explaining why this happened as well as any mitigating circumstances that may apply and should be considered.
The statement that is provided with the request for endorsement should provide information on the following:
- the nature of the adverse information
- how the adverse information arose, including the credibility of the source of the adverse information
- in the case of an alleged contravention of a law, whether the allegations have been substantiated or not
- whether the adverse information arose recently or some time ago
- whether your business has taken any steps to ensure the circumstances that led to the adverse information do not recur, and
- information about relevant findings made by a relevant authority* in relation to the adverse information, and the significance attached by the competent authority to the adverse information.
*A relevant authority includes the following:
- the Department of Immigration and Border Protection (DIBP)
- the Office of the Fair Work Ombudsman, or former authority with this function, or the relevant state or territory government authority in relation to compliance with workplace relations provisions
- the relevant state or territory government authority in relation to compliance with occupational health and safety provisions.
What happens if my business receives endorsement?
If DTBI endorses a business to access the DAMA after considering the adverse information, it will provide the DIBP with information about the outcomes of the investigation or audits, along with any statements about mitigating circumstances the employer may provide. The DIBP will then take this into consideration when negotiating a Labour Agreement under the DAMA with the employer.
The fact that DTBI has endorsed an employer does not necessarily mean that the DIBP will agree to grant a Labour Agreement to the business.