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IMPACT – MEDIUM
What is the change? Assistant Minister for Immigration and Border Protection Michaelia Cash issued a determination Friday to restore work rights to hundreds of non-Australian citizens working in the country’s offshore oil and gas industry.
What does the change mean? Cash’s move came a day after a Federal Court invalidated a previous attempt to exempt certain non-Australian workers from a law that effectively required them to obtain permanent visas in order to work on oil and gas rigs.
Background: A three-judge Federal Court panel issued a ruling Thursday invalidating a determination Cash issued in 2014 to “except” offshore oil and gas workers from visa requirements imposed by the Labor government before the current government gained control. The Court said Cash had exceeded her authority by reversing “Parliament’s desire and intention” to require non-citizens to obtain permanent visas in order to work on offshore oil and gas rigs. Friday’s determination is designed to restore work rights to non-Australians whose status was thrown into uncertainty following the ruling. The determination will have the effect of allowing non-Australian citizens to lawfully work on offshore rigs that are fixed to the seabed.
BAL Analysis: The Court’s ruling left the status of the workers and offshore oil and gas industry in flux. The new determination, however, may restore stability. BAL will continue following the situation and update clients accordingly.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
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