What is the Regulatory Systems (Immigration and Workforce) Amendment Bill?

The Regulatory Systems (Immigration and Workforce) Amendment Bill is an omnibus bill aimed at improving the effectiveness and efficiency of regulatory systems.

What are the main objectives of the Bill?

The main purposes are to reduce unnecessary compliance burdens for businesses, clarify and update statutory provisions, address regulatory duplication, gaps, and inconsistencies, and ensure legislation keeps up with changing technologies and environments.

What changes does the Bill introduce to the Employment Relations Act 2000?

• Employment Agreements: Employers are required to retain a copy of individual employment agreements so that employees do not hold the only copy and it is easily accessible.

Labour Inspectors must give employers seven working days to produce a copy of the agreement before taking action for non-compliance.

• Infringement Offences: A new infringement offence is introduced for employers who fail to ensure individual employment agreements are in writing.

How does the Bill impact parental leave under the Parental Leave and Employment Protection Act 1987?

• Primary Carer Leave: Weeks in which preterm baby payments are made do not count towards primary carer leave. The start of parental leave payment can be deferred if the employee takes paid leave at the beginning of the parental leave period.
• Eligibility Criteria: New provisions clarify eligibility criteria for parental leave payments, particularly concerning the duration of employment and self-employment.

What amendments are made to the Health and Safety at Work Act 2015?

• Notifiable Incidents: The definition of notifiable incidents is updated to ensure it covers unplanned or uncontrolled incidents posing serious risks.

New provisions allow regulators to refuse enforceable undertakings if they do not cover the reimbursement of costs incurred by the regulator.

What changes are introduced regarding immigration advisers under the Immigration Advisers Licensing Act 2007?

• Licensing Requirements: Immigration applications submitted by unlicensed advisers must be refused unless the adviser is exempt from licensing requirements. Employees of lawyers and incorporated law firms are exempt from licensing requirements, along with the lawyers themselves.
• Complaints and Disciplinary Actions: Complaints against immigration advisers must include the complainant’s details and a detailed account of the matter. The Immigration Advisers Complaints and Disciplinary Tribunal can downgrade licences and set conditions for reapplying for licences.

What is the significance of these changes for businesses?

• Simplified Compliance: The amendments reduce unnecessary regulatory burdens, making it easier for businesses to comply with employment and health and safety regulations.
• Clarity and Consistency: By addressing inconsistencies and updating statutory provisions, the Bill provides clearer guidelines for businesses, enhancing compliance and reducing legal risks.
• Technological Adaptation: The Bill ensures regulations keep pace with technological advancements, helping businesses adapt to new technologies without facing outdated regulatory barriers.
• Enhanced Employee Protections: Updates to employment and health and safety laws strengthen protections for employees, which can improve workplace relations and reduce disputes.

What are the broader benefits of the Bill?

By aligning with best regulatory practices, the Bill aims to foster a more efficient and fair regulatory environment. This not only benefits businesses by reducing compliance costs and legal risks but also enhances the overall business climate, potentially attracting more investment and supporting economic growth. The Bill’s provisions also ensure that regulations remain relevant and effective in a rapidly changing world, ultimately benefiting the wider economy.