Temporary Relaxation of Working Hours for SC500 Student Visa Holders
Due to many exceptional circumstances that the COVID-19 pandemic has brought us as well as the great the need to ensure the supply of essential services, the Department of Home Affairs and Australian Boarder Force are going to take a more malleable path when it comes to student visa holders working beyond their current work limitations. However, this will only be applied in specific fields.
The temporary changes are as follows – You can work more than the usual 40 hours a fortnight if:
You are employed by an aged care Approved Provider or Commonwealth-funded aged care service provider with a RACS ID or a NAPS ID, before 8 September 2020
You are employed by registered National Disability Insurance Scheme provider
The Department of Home Affairs does not require NDIS providers to register with the said Department. There has been a letter provided by the NDIS Commission for further details and they recommend that NDIS providers review the letter.
Australian workplace law is still to be followed by employers. Workers from overseas which include international students as well, have the same Australian workplace law rights as all other employees.
The measures that are being put in place at this time are only temporary and are to be regularly review by the Australian Government. As these may be changed at any time, employers will be advised when these measures no longer apply.
While these measures are in place, the Department of Home Affairs and Australian Border Force will:
Exercise their discretion under s116(1)(b) of the Migration Act 1958 to not cancel the visas of students who work in excess of 40 hours each fortnight to support your organisation
Not refer student visa holders for investigation of any potential offence under s235 of the Migration Act 1958 that might relate to the hours worked by a student visa holder in breach of their visa conditions.
Not refer you or relevant third-party labour hire companies, as an employer, for investigation of any potential offence under s245AC of the Migration Act