Adverse information is any adverse information relevant to a person’s suitability as an approved sponsor, and includes information that the person or persons associated with the person:
- has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
- in relation to a Commonwealth, state or territory law:
- has been found guilty by a court of an offence
- has been found to have acted in contravention of the law by a competent authority
- has been the subject of administrative action (including being issued with a warning) by a competent authority
- is under investigation, subject to disciplinary action or subject to legal proceedings.
The Commonwealth, state or territory law must be about:
- industrial relations
- occupational health and safety
- people smuggling and related offences
- slavery, sexual servitude and deceptive recruiting
- trafficking in persons and debt bondage.
Adverse information is relevant if it:
- raises doubts about a person’s suitability as an approved sponsor
- is about something that happened in the previous three years
- is known to us.
There are limits to what is relevant. For example, information that a business has received a fine for having an unregistered vehicle on a public road is not likely to be relevant. On the other hand, information that the managing director of a company was being investigated for people trafficking offences would be relevant.
When we become aware of adverse information, we can:
- disregard it if it is reasonable to do so
- refuse an application to sponsor or nominate someone, where relevant, refuse a visa application, cancel the approval of a sponsor, or impose administrative sanctions if a person is already an approved sponsor.