Right to Work – Legal Requirements

It is a legal obligation for all employers to confirm that employees have valid work rights in Australia and are only employed within those conditions.

Most candidates will have permission to work, but conditions vary depending on visa type. These may include limits on hours, contract length, employer type, or location. Verification must be completed during recruitment, and records must be stored and monitored.

The Department of Home Affairs states a person can work in Australia if they are:

· an Australian citizen or permanent resident

· a New Zealand citizen

· a visa holder with permission to work

Anyone without a valid visa cannot be employed, including those with expired or cancelled visas.

Acceptable evidence:

· Australian citizens: Passport, birth certificate + photo ID, or citizenship certificate

· Permanent residents: Passport with PR or VEVO check

· New Zealand citizens: NZ passport and VEVO check (Special Category Visa 444)

· Visa holders: Foreign passport or ImmiCard with VEVO check, plus any work conditions (e.g. hours, employer limits)

Optimum must:

· sight and store valid work rights evidence

· verify via VEVO where required

· apply visa conditions to employment

· set reminders for visa expiry or review dates

This is a critical compliance step and must be managed accurately to avoid penalties and ensure legal hiring.