Temporary 457 Visas AFAO General Meeting May 2009

Temporary 457 Visas

Outline Background of 457 Visas How they work Health criteria and eligibility Current cases Recommendations of Deegan Review December 2008 Policy ramifications for HIV sector

Outline

Background of 457 Visas

How they work

Health criteria and eligibility

Current cases

Recommendations of Deegan Review December 2008

Policy ramifications for HIV sector

History of 457 Visas Introduced during Howard government Granted for up to 4 years Between 1997 and 2004 about 30-40 000 visa granted annually Dramatic increase since (in2007-2008 110 000 visas granted) 25-30% of permanent migrants are former 457 visa holders

History of 457 Visas

Introduced during Howard government

Granted for up to 4 years

Between 1997 and 2004 about 30-40 000 visa granted annually

Dramatic increase since (in2007-2008

110 000 visas granted)

25-30% of permanent migrants are former 457 visa holders

2 Critical Challenges Australia remaining internationally competitive in facilitating labour movement, particularly skilled labour in the context of Australia’s changing demographic and skill needs Safeguarding employment and training opportunities for Australians and protecting overseas workers from exploitation

2 Critical Challenges

Australia remaining internationally competitive in facilitating labour movement, particularly skilled labour in the context of Australia’s changing demographic and skill needs

Safeguarding employment and training opportunities for Australians and protecting overseas workers from exploitation

How they work 3 processing steps Sponsorship = Business Nomination = Job Visa = Person Monitoring = Business and Person

How they work

3 processing steps

Sponsorship = Business

Nomination = Job

Visa = Person

Monitoring = Business and Person

Application process assesses Appropriateness for the match between nominated position and the personal attributes of the applicant Applicant’s health and character requirements Nominated salary – do they meet the minimum salary requirements English proficiency

Application process assesses

Appropriateness for the match between nominated position and the personal attributes of the applicant

Applicant’s health and character requirements

Nominated salary – do they meet the minimum salary requirements

English proficiency

Conditions Sponsor ensures return travel costs are met Takes responsibility for health costs of the visa holder and their dependents, including potential repatriation to home country. Employers are strongly advised to arrange health insurance for visa holder and their dependents. Pay a proscribed minimum salary Notify Immigration if visa holder leaves employ Comply with workplace laws

Conditions

Sponsor ensures return travel costs are met

Takes responsibility for health costs of the visa holder and their dependents, including potential repatriation to home country. Employers are strongly advised to arrange health insurance for visa holder and their dependents.

Pay a proscribed minimum salary

Notify Immigration if visa holder leaves employ

Comply with workplace laws

Principles guiding health criteria Designed to Minimise the public health and safety risks to the Australian community Contain public expenditure on health and community services including social security, allowances and pensions Maintain access of Australian residents to health and community services

Principles guiding health criteria

Designed to

Minimise the public health and safety risks to the Australian community

Contain public expenditure on health and community services including social security, allowances and pensions

Maintain access of Australian residents to health and community services

Health criteria Major interest is TB – specifically mentioned in legislation Chest x-rays are required for applicants who have lived >3 months in past 5 years in high prevalence areas OR the applicant intends to stay in Australia for >12 months OR other special significance circumstances

Health criteria

Major interest is TB – specifically mentioned in legislation

Chest x-rays are required for applicants who have lived >3 months in past 5 years in high prevalence areas OR the applicant intends to stay in Australia for >12 months OR other special significance circumstances

Special Significance Circumstances for chest x-ray Visa holder is going to work in hospital health care area child care centre classroom situation Visa holder is over 70 years Other indications that the person may not meet the health requirements

Special Significance Circumstances for chest x-ray

Visa holder is going to work in

hospital

health care area

child care centre

classroom situation

Visa holder is over 70 years

Other indications that the person may not meet the health requirements

HIV testing Doctors, dentists and nurses are required to have a medical examination PLUS HIV, HBV and HCV blood tests

HIV testing

Doctors, dentists and nurses are required to have a medical examination PLUS HIV, HBV and HCV blood tests

Medical assessment Self reported Have you ever had hospital treatments? An infectious disease lasting more than 2 weeks? Any illness, injury or medical condition lasting more than 2 weeks or a recurring condition not mentioned above? Any medical, physical, psychological or other treatments in the last 5 years? Any addiction to a drug or illegal substance?

Medical assessment

Self reported

Have you ever had hospital treatments?

An infectious disease lasting more than 2 weeks?

Any illness, injury or medical condition lasting more than 2 weeks or a recurring condition not mentioned above?

Any medical, physical, psychological or other treatments in the last 5 years?

Any addiction to a drug or illegal substance?

HIV cases in WA 2 families in WA (one from Zambia, one from Zimbabwe) with similar histories Initially children diagnosed with HIV Presumed vertical transmission Both sets of parents have tested HIV+ Both families refuse to let employers know All family members require HIV treatment which the employers are technically required to pay Zimbabwe family is now seeking refugee status

HIV cases in WA

2 families in WA (one from Zambia, one from Zimbabwe) with similar histories

Initially children diagnosed with HIV

Presumed vertical transmission

Both sets of parents have tested HIV+

Both families refuse to let employers know

All family members require HIV treatment which the employers are technically required to pay

Zimbabwe family is now seeking refugee status

Non-HIV Case Nurse Katula had 457 visa granted for employment in SA After visa granted but prior to start of employment, Ms Katula found she was pregnant Commenced work but was effectively dismissed Sponsor argued that they would be in contravention 457 rules as Ms Katula would need unpaid leave when she had baby Taken to SA Equal Opportunity Tribunal Ms Katula found alternative employment

Non-HIV Case

Nurse Katula had 457 visa granted for employment in SA

After visa granted but prior to start of employment, Ms Katula found she was pregnant

Commenced work but was effectively dismissed

Sponsor argued that they would be in contravention 457 rules as Ms Katula would need unpaid leave when she had baby

Taken to SA Equal Opportunity Tribunal

Ms Katula found alternative employment

Deegan Report Commissioned in early 2008 to look at integrity of 457 Visa system GFC has since occurred and number of 457 visa applications have dropped since then Deegan acknowledged that 457 scheme has become a route for people with pre-existing conditions to take advantage of Australia’s health system Some employers have discouraged employees from seeking medical attention Some 457 Visa holders have cancelled insurance

Deegan Report

Commissioned in early 2008 to look at integrity of 457 Visa system

GFC has since occurred and number of 457 visa applications have dropped since then

Deegan acknowledged that 457 scheme has become a route for people with pre-existing conditions to take advantage of Australia’s health system

Some employers have discouraged employees from seeking medical attention

Some 457 Visa holders have cancelled insurance

Deegan cont’d Deegan recommended that Government provide Medicare coverage of public health costs to 457 visa holders and their dependents by means of a levy OR A visa obligation for all 457 visa holders is to maintain insurance cover for themselves and their dependents. It would be up to Insurance companies to determine cover which would probably be refused for pre-existing conditions

Deegan cont’d

Deegan recommended that Government provide Medicare coverage of public health costs to 457 visa holders and their dependents by means of a levy

OR

A visa obligation for all 457 visa holders is to maintain insurance cover for themselves and their dependents. It would be up to Insurance companies to determine cover which would probably be refused for pre-existing conditions

Government response In response, the Prime Minister said that he would not entertain Medicare coverage for 457 Visa holders So..... Left with dilemma -

Government response

In response, the Prime Minister said that he would not entertain Medicare coverage for 457 Visa holders

So.....

Left with dilemma -

Policy issues Should the health criteria be modified for 457 Visas and, if so, to what? What medical screening should occur for insurance coverage? Who should pay for the treatment of the existing 457 visa holders and their dependents with HIV (Employers or the Government)?

Policy issues

Should the health criteria be modified for 457 Visas and, if so, to what?

What medical screening should occur for insurance coverage?

Who should pay for the treatment of the existing 457 visa holders and their dependents with HIV (Employers or the Government)?