Global Mobility Needs Overview

06 September 2019

Maria Jockel, Global and National Immigration Leader, Legal Principal, Accredited Specialist, Immigration Law |

Do you understand the risks your business is facing in meeting its global mobility needs?

In December 2018, the Home Affairs Portfolio and the Department of Home Affairs were established to combat the increased complex security environment and as part of an unprecedented commitment to managing Australia’s borders.

The Home Affairs Portfolio supports a federation of independent security and law enforcement agencies, including the Australian Border Force, which is an operationally independent body of the Home Affairs Portfolio.

The Department of Home Affairs includes the former Department of Immigration and Border Protection, and other functions, including those related to organised crime, national security and counterterrorism coordination, cyberpolicy, and countering foreign interference. This “once in a generation” change touches upon every part of Australian life. This includes commerce, trade and travel. It replicates other global models, including that of the UK.

The bringing together of law enforcement, security, intelligence and other border-related functions and agencies has profound implications for the management of Australia’s borders and migration law, and reflect an unprecedented commitment to a strong regulatory and compliance regime.

Companies recruiting overseas skilled workers to meet workforce needs must navigate this new regulatory framework in this era of Border Protection.

Recent high profile cases including George Calombaris, Neil Perry, Caltex and others show the importance of understanding the law and ensuring regulatory compliance.

Businesses which are subject to sanction because of visa and related breaches can face significant civil and criminal pecuniary penalties (and even jail). Such breaches, including the associated poor press undermine the confidence in an organisation and damage its reputation and its brand.

Risk, governance and compliance is now a broader enterprise risk management system which should be embedded into the strategic, business planning, human resource and decision-making processes of the organisation as a whole.

This requires a review of the current operational risk management and regulatory compliance. The aim is to avoid breaches at a time of increased emphasis on the role that directors and boards must play in corporate culture and corporate governance.

Increasingly Human Resources operations must be part of the broader enterprise risk management approach where talent strategies are aligned with regulatory compliance.

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.

Boards must have a thorough understanding of their risks, and how to mitigate against these so that these have the same level of importance as they would manage “traditional” risk such as cyber risk, occupational health and safety and reputational risks.

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Global Mobility Checklist

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