A NOITTA is an official notification from the Department of Home Affairs (DHA) indicating that your business may have breached sponsorship obligations. It provides an opportunity to respond before penalties or sanctions are imposed.
Have You Received a Notice of Intention to Take Action (NOITTA)?
If you are an Accredited Sponsor or Standard Business Sponsor, the Department of Home Affairs (DHA) and the Australian Border Force (ABF) have the authority to monitor your compliance with sponsorship obligations.
Under the Migration Act 1958, immigration inspectors have the power to:
- Enter business premises or locations where records are kept.
- Interview employees and management at the premises.
- Inspect work, processes, or objects at the site.
- Review and make copies of electronic and physical documents.
- Request access to specific records.
- Demand the production of records within a set timeframe.
Failure to comply with these requirements may result in serious penalties.
Possible Sanctions for Non-Compliance
- Cancellation of sponsorship approval.
- Banning the business from sponsoring future overseas workers.
- Prohibiting further applications for sponsorship approval.
- Infringement notices and civil penalties issued by the courts.
- Enforceable undertakings, requiring specific actions to remedy compliance breaches.
- More than one sanction may be imposed depending on the severity of non-compliance.
Strengthening Employer Compliance Bill 2023
The Strengthening Employer Compliance Bill introduced in 2023 has made non-compliance a criminal offence for employers and third-party providers who misuse visa programs to exploit temporary migrant workers.
By proactively addressing compliance concerns, businesses can:
- Protect their reputation.
- Ensure legal integrity.
- Continue successfully employing sponsored workers in Australia.
If you are being monitored by the DHA/ABF or have received a Notice of Intention to Take Action (NOITTA), it is strongly recommended that you seek immediate legal assistance.
Assistance & Next Steps
If your business is facing scrutiny from the DHA or ABF, timely action is essential. Global Vision Migration provides expert assistance to help navigate the NOITTA process.
How Global Vision Migration Can Help
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Reviewing Allegations
Our team will carefully examine the allegations in your NOITTA. We assess whether the claims are legally valid and backed by proper evidence.
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Preparing a Strong Defence
A comprehensive defence is crucial to ensuring all relevant information is considered before the Department makes a decision. We work closely with you to prepare a strategic response to contest or mitigate the allegations.
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Minimising Sanctions
We help reduce potential penalties by ensuring the best possible representations are made. Our team works to negotiate and mitigate any adverse consequences that may impact your business.
Need Help with a NOITTA?
If you have received a Notice of Intention to Take Action (NOITTA), do not delay. Seeking professional immigration legal representation can significantly improve your chances of a favorable outcome.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs for Accredited Sponsorship (TSS 482 Visa)
You may have received a NOITTA due to alleged breaches of sponsorship obligations, such as failing to comply with visa conditions, salary requirements, or record-keeping duties. If not addressed promptly, it could lead to fines, sponsorship bans, or visa cancellations.
At GVM, we provide expert legal support to review the allegations, prepare a strong response with supporting evidence, and negotiate with the DHA to minimize penalties and protect your business.
Failure to respond could result in serious consequences, including cancellation of sponsorship approval, bans on future sponsorships, financial penalties, and even legal action under the Strengthening Employer Compliance Act 2023.
Typically, you have 14 days from the date of the notice to submit a response. Acting quickly and seeking professional advice is crucial to ensuring the best outcome.
Depending on the severity of the alleged breach, your ability to sponsor new employees may be restricted. However, a well-prepared response can help retain your sponsorship status and prevent disruptions.
GVM specializes in business immigration compliance, offering fast, tailored, and legally sound responses. Our proven success rate, industry expertise, and direct liaison with DHA ensure that we deliver the best possible outcome for your case.
