On 20 December 2017, the Home Affairs Portfolio was established.
This includes the Department of Home Affairs which includes national
and transport security, federal law enforcement, criminal justice,
cybersecurity, border protection, immigration, multicultural affairs,
emergency management, and trade functions.
Communication and consultation on accountabilities, responsibilities
and outcomes within risk management policy enables a common
understanding of risk.
Establishing and maintaining appropriate risk management policies and
procedures are essential to support the business’s strategic plans and
objectives, mitigate risk and implement the risk management framework
by having clear accountabilities and responsibilities for managing risk.
The Board and senior management as the accountable authority must
endorse and oversight the broader enterprise risk management system
across the organisation as a whole.
BDO Migration Services, an incorporated immigration legal practice
provides strategic, expert and practical advice in all aspects of visa and
migration related requirements.
The Department of Home Affairs Portfolio supports a “federation” of
independent security and law enforcement agencies. This includes the
Australian Border Force (as Australia’s frontline border law enforcement
agency), the Australian Security Intelligence Organisation, the Australian
Federal Police and the Australian Criminal Intelligence Commission.
These changes reflect the ongoing commitment by the Australian
Government to protect and manage Australia’s borders at a time
of heightened border security and law enforcement concerns.
As the front-line border law enforcement agency, the Australian Border
Force has responsibility for Compliance and Regulation including:
- Sponsorship monitoring and compliance with sponsorship obligations
- Border protection command operations
- Character consideration
- Compliance assessment
- Case management
- Status resolution
- Surveillance operations
- Targeted enforcement operations.
The establishment of the Home Affairs Portfolio, which includes the
Department of Home Affairs as the agency responsible for all aspects
of border and immigration, heralds a new era in protecting and
managing Australia’s borders.
In this new regulatory environment, the authority and reach of the
Department of Home Affairs has been significantly expanded. At the
same time, the Department of Home Affairs continues its robust
regulatory reforms to ensure regulatory compliance with a range of
penalties and sanctions for breach.
The Department of Home Affairs together with the Australian Border
Force employs sophisticated risk assessments through visa programs,
and works with other government agencies and international partners
to ensure compliance and deliver enforcement outcomes.
The Australian Border Force Commissioner has significant powers held
concurrently with the Secretary of the Department of Home Affairs
and the same standing as other heads of key national security related
agencies, such as the Commissioner of the Australian Federal Police.
The Department of Home Affairs has extensive powers to conduct its
work in enforcing Australia’s sovereignty at the border through the
application of Australia’s immigration and criminal laws.
Apart from the raft of regulatory initiatives and reviews which the
Department of Home Affairs continues to undertake, and which
individuals and businesses must navigate, the level of regulatory
scrutiny and enforcement activity has increased substantially.
This is evident from the number of actions brought by regulatory and
enforcement bodies including the Department of Home Affairs and
Fair Work Ombudsman and the scale of penalties and fines imposed
in respect of breaches of the law.
BDO Migration Services keeps abreast of the changing regulatory environment so as to assist clients to ensure compliance and avoid financial penalties and reputational damage in cases of breach.
BDO Migration Services is focused on best practice, which means that we can provide our local and international clients with the best possible levels of service and as leaders in the field.