Every Australian employer has a legal obligation to verify that their workers hold valid work rights before they start employment. Most venue operators know this. What far fewer understand is the obligation to re-check those work rights, particularly for staff on temporary visas whose conditions can change, expire, or be cancelled at any time.
The law doesn't specify an exact frequency. It says employers must take "reasonable steps at reasonable times" to make sure workers maintain valid work rights. But what does "reasonable" actually look like in a busy hospitality venue?
The legal framework
Under the Migration Act 1958, employers who knowingly or recklessly employ a non-citizen without valid work rights face severe penalties:
- Up to $19,800 per illegal worker for an individual, or $99,000 per illegal worker for a body corporate (civil penalties).
- Up to 2 years imprisonment for knowingly employing an illegal worker, and up to 5 years for exploiting one (criminal penalties).
The "reasonable steps" defence is your protection. If you can show that you took reasonable steps to verify work rights, both at the start of employment and at reasonable intervals throughout, you have a defence against civil penalties even if a worker's status changes without your knowledge.
The catch is that "reasonable" is not defined in the legislation. It's assessed based on the circumstances, which is why having a documented, consistent process matters.
What is VEVO and how does it work?
The Visa Entitlement Verification Online (VEVO) system is the Australian Government's official tool for checking visa status and work rights. Employers can access VEVO through:
- VEVO online (via ImmiAccount or the Department of Home Affairs website)
- The myVEVO app (for visa holders to share their own status)
- Immigration-integrated systems that connect to VEVO via API
A VEVO check confirms whether the person holds a valid visa, the visa type and conditions, work rights and limitations (e.g., 48-hour fortnightly work limit for student visa holders), and the visa expiry date.
One thing to understand: a VEVO check is a point-in-time snapshot. It tells you the person's status at the moment you check. Visa conditions can change the next day, which is exactly why periodic re-checks matter.
Recommended re-check schedule
Based on Department of Home Affairs guidance and industry best practice, here's a practical re-check schedule for venue operators.
Before employment starts (mandatory)
This is non-negotiable. Every worker, including Australian citizens and permanent residents, should have their work rights verified before their first shift.
For Australian citizens and permanent residents, sight and copy a valid Australian passport, birth certificate, or citizenship certificate. A single check is generally sufficient as these rights don't expire.
For temporary visa holders, run a VEVO check and record the result. Note the visa type, conditions, work limitations, and expiry date.
Every 3 months for temporary visa holders
For staff on temporary visas (student visas, working holiday visas, partner visas, bridging visas), a quarterly VEVO check is considered best practice. This catches visa expiry or cancellation, changes to work conditions, and transitions between visa types where the worker hasn't informed you.
When circumstances change
Regardless of your regular schedule, trigger an immediate re-check when:
- A visa expiry date is approaching. Check at least 2 weeks before the recorded expiry date to confirm whether the visa has been renewed or a new visa granted.
- The worker mentions a visa change. If a staff member tells you they've switched from a student visa to a graduate visa, verify the new visa and its conditions straight away.
- You receive a warning notice from the Department of Home Affairs. Employers enrolled in the Visa Notification Service may receive alerts when a worker's visa is about to expire or has been cancelled.
- The worker's hours or role changes. If a student visa holder moves from part-time to full-time, re-verify that their visa conditions permit the increased hours.
- After a period of extended leave. If a worker has been away for several months, run a fresh check before they return to active shifts.
Building a practical re-check system
For a venue with 30 to 50 staff members, many of whom may be on temporary visas, manual re-checks quickly become unmanageable. Here's how to build something that works.
Categorise your staff
Sort your team into three categories:
| Category | Re-check frequency | Examples |
|---|---|---|
| Australian citizens / permanent residents | Once (at hire) | Born in Australia, citizenship granted, permanent visa (subclass 801, 186, etc.) |
| Temporary visa holders, stable | Every 3 months | Working holiday (subclass 417/462), graduate visa (subclass 485) |
| Temporary visa holders, high risk | Monthly | Student visas (subclass 500), bridging visas, visas expiring within 3 months |
Record visa expiry dates at onboarding
When you run your initial VEVO check, record the visa expiry date in your compliance system. This date becomes your anchor for scheduling future checks.
Set calendar reminders
At minimum, set reminders for:
- 3-month re-check dates for all temporary visa holders
- 2 weeks before visa expiry for an urgent re-check
- Monthly reviews of any staff on bridging visas or student visas approaching their expiry
Keep a written record
For every VEVO check, initial and re-check, record the date the check was performed, who performed it, the VEVO result (screenshot or printout), and any action taken based on the result.
This paper trail is your "reasonable steps" defence. If a worker's visa is cancelled between checks, your documented re-check history shows you were acting responsibly.
What to do when work rights change mid-employment
Finding out a staff member's work rights have changed, or ended, is stressful. Here's how to handle it.
Visa has expired, no new visa granted
You must stop rostering them immediately. An expired visa means no work rights. The worker cannot legally perform any work, paid or unpaid. Stand them down and advise them to seek immigration advice. Document the conversation and the date you became aware.
Visa conditions have changed
If the new conditions still permit work (perhaps with different hour restrictions), adjust the worker's roster accordingly. If the conditions no longer permit work, treat it as an expired visa.
Worker has transitioned to a new visa
This is often good news. A student visa holder who has transitioned to a graduate visa, for example, may now have unrestricted work rights. Run a fresh VEVO check to confirm the new visa type and conditions, and update your records.
Worker is on a bridging visa
Bridging visas can be tricky. Some carry full work rights, others carry restricted work rights, and some carry none at all. Never assume. Always check the specific conditions of the bridging visa via VEVO.
Common mistakes venue operators make
Only checking at hire
A single check at onboarding satisfies the initial requirement, but it won't protect you if a worker's visa expires six months later. Ongoing re-checks are what make the "reasonable steps" defence work.
Accepting expired documents
A visa grant letter from two years ago doesn't confirm current status. Always use VEVO for up-to-date information. Paper documents can be outdated or forged.
Not checking Australian citizens
While citizens have permanent work rights, you still need to verify their identity and citizenship. Sighting a passport or birth certificate at hire protects you from fraud claims.
Relying on staff to self-report
Expecting visa holders to tell you when their conditions change is not a reasonable step. Some workers may not understand their own visa conditions, and others may be reluctant to disclose changes that could affect their employment.
Automated re-check scheduling
The reality of running a venue is that compliance checks compete with a hundred other priorities. The rosters need writing, the stock needs ordering, and the fridges need cleaning. Scheduled VEVO re-checks are easy to let slide when you're dealing with a packed Friday night.
VenueShield automates work rights tracking by recording visa types and expiry dates at onboarding, then scheduling re-check reminders at the right frequency for each staff member's visa category. When a re-check is due, the responsible manager gets an alert. No spreadsheets, no calendar reminders, no guesswork.