Adverse information about your business may have an impact on endorsement of the Pilbara DAMA.

If you are seeking endorsement to access the Pilbara Designated Area Migration Agreement (Pilbara DAMA) certain information about your business could be considered to be adverse information.

This may include any investigation, conviction, finding of non-compliance, administrative action or legal proceeding relating to a federal, state or territory law in areas like:

  • immigration

  • industrial relations

  • workplace health and safety.​

What you must disclose

You must provide a statement confirming that your business or any entity you have been associated with has not been investigated or audited in the past five years for:

  • migration

  • industrial relations and workplace relations

  • workplace health and safety.

What to do if your business has been investigated or audited

If a current or past business has been investigated or audited during the last five years you must provide the Pilbara DAMA Designated Area Representative with details on why this happened and the outcome.

You should explain any mitigating circumstances that you think should be considered.

The following information is required:

  • the nature of the adverse information

  • how the adverse information arose, including the credibility of the source of the adverse information

  • in the case of an alleged contravention of a law, whether the allegations have been substantiated or not

  • whether the adverse information arose recently or some time ago

  • whether your business has taken any steps to ensure the circumstances that led to the adverse information don’t happen again

  • information about findings made by a relevant authority* in relation to the adverse information and the significance attached by the competent authority to the adverse information.

*Relevant authorities include the following:

  • the Department of Home Affairs or another Australian Government agency

  • the Office of the Fair Work Ombudsman, or former authority with this function, or the relevant state or territory government authority in relation to compliance with workplace relations provisions

  • the relevant state or territory government authority in relation to compliance with occupational health and safety provisions.

What happens if your business receives endorsement

If the Pilbara DAMA Designated Area Representative decides to endorse your business to access Pilbara DAMA it will provide the Australian Government with information on the outcomes of the investigation or audits. It will also provide any statements about mitigating circumstances you may provide. The Australian Government will then take this into consideration when negotiating a labour agreement under the DAMA with your business. If the Pilbara DAMA Designated Area Representative has endorsed your business, this does not guarantee that the Australian Government will grant a labour agreement to your business.

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