What happens if a non-citizen employee loses their entitlement to work in Australia?
A non-citizen, whether a temporary or permanent resident, who loses their entitlement to work in Australia can have their employment terminated for loss of an essential qualification under section 29(3)(b) of the PS Act. Regular checks should be made with DIAC to ensure the person continues to hold the necessary work entitlements. When an agency engages a person holding a visa with work entitlements, the employee should be informed that if they cease to have valid work entitlements the agency has the power to terminate their employment. Agencies should consider including a statement to this effect in the letter of engagement. This will help to avoid complications concerning the person’s continued employment in the APS should they fail to meet the ongoing requirements of their visa.
