By Liana Allan

The 2017 Global Estimate of Modern Slavery by the International Labour Organisation (ILO) estimated that at any one time in there are 24.9 million victims of forced labour, with 16 million people exploited in the private sector such as domestic work.

The granting of a subclass 600 visitor visa to a nanny being paid to work in a private home in Australia.  Is this the tip if the iceberg?

It has come to our attention that the Australian Consulate General in Hong Kong has granted a subclass 600 visa to a Filipino nanny who has been working with an Australian family in Hong Kong.  The nanny has now come to Australia with them to continue providing them with services as their paid, live-in nanny.   The application form stated that she would be working and being paid.  The visitor visa was granted.

This came to our attention as the family wanted to know if there was 'any other way around it than sending their nanny outside Australia' after the first 90 days due to the 8503 'no further stay' condition on the nanny's visa. 

Is this modern-day slavery or servitude aided and abetted by the Consulate General in Hong Kong? 

Could it be suggested that what is happening here is akin to modern day slavery, if not servitude?  Anti-Slavery Australia  has a fact sheet which clearly explains what a slave is: http://www.antislavery.org.au/resources/fact-sheets/100-fact-sheet-4-what-is-labour-trafficking.html

What is a business visitor application supposed to include?  Did the nanny supply this documentation?  Could she reasonably have supplied this information? 

A business visitor visa requires the applicant to show:

  • Evidence of why they need to visit Australia on business, such as:
    • a letter of invitation from the host organisation in Australia
    • conference registration details
    • a letter from their (outside of Australia) employer stating the reasons for your visit
    • their itinerary, with contact details of the business parties involved.

  • Their educational or professional qualifications.
  • Their current employment outside of Australia and their role during their visit to Australia.
  • Details of previous contacts with Australian businesspeople or organisations.
  • Documents to show that the company they work for is an actively operating business, such as a business registration certificate or annual report.

A paid nanny is not a genuine visitor due to the requirements a person must meet in order to be granted a visitor visa

The following are requirements for demonstrating you are a genuine visitor:

  • Evidence of sufficient funds, such as personal bank statements, pay slips, audited accounts, taxation records or credit card limit.
  • If the person is visiting relatives or friends, a letter of invitation from their relative or friend in Australia. If their relative or friend is paying for their visit, evidence that they have the necessary funds.
  • Other information to show that they have an incentive and authority to return to their home country, such as:
    • a letter from their employer stating their intention to return to your job
    • evidence of enrolment at a school, college or university in their home country
    • evidence of immediate family members in their home country
    • evidence of their visa or residence status in their home country, and their right to return
    • evidence of property or other significant assets owned in their home country.

Nowhere does it state that a nanny from the Philippines, who has been working in Hong Kong, can come to Australia and WORK as a paid nanny.  A subclass 600 visa carries no work rights.  It's purpose is to attend business meetings, conferences, or business related events.  

Work is defined as an activity which would normally attract remuneration.  The nanny is working.  The nanny is being paid.  

Red flags

A nanny from the Philippines who works in Australia on a subclass 600 visa raises the following red flags in my head:

1. What is the salary level being paid to this nanny?

2. Which tasks, duties and hours is this nanny expected to work?

3. Is the nanny being paid the award wage for the position of nanny/ au pair in Australia

4. Is the nanny aware of her rights in this country?  Does she know how to join a union to ensure she has access to fair wages and working conditions?  Does she know about Fair Work Australia?

5. Given that the Australian couple are effectively the nanny's sponsor whilst she is in Australia, what are their sponsorship obligations towards this nanny?

6. Does the nanny have health insurance such as overseas visitors cover whilst visiting and working in someone's home in Australia?

7. Does the nanny have access to workers compensation information if she injures herself whilst working on the visitor visa?

8. Is there an underground economy in Australia made up of Filipino nannies  / au pairs who are in Australia, granted their 600 visitor visas out of Hong Hong?

9. Does the nanny know of and have access to Australia's National Employment Standards, the Fair Work Ombudsman and the Fair Work Commission?

10. Does the nanny ever get to go out?  Socialise?  Leave the house?

Slave labour comes to mind. 

After all, why would a wealthy Australian couple employ a nanny from a foreign country and go to the time, trouble and expense of lodging a visa application on her behalf if they are easily able to find a qualified, skilled nanny inside Australia? And yes, there are plenty of nannies here.  They just need to be paid the right amount of money for the work they do.

My answer is that the Australian nannies cost too much money and the Filipino nannies can be paid a lot less.   Who really knows what they are being paid? Who really knows what their work conditions are?

This needs to be exposed.  It now has been.

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