The Department of Home Affairs has the power to impose a range of penalties and sanctions on sponsors that fail to meet their sponsor obligations. The penalties or sanctions that are imposed will depend on a number of factors, including the nature and severity of the non-compliance, and any mitigating factors such as any attempts made by the sponsor to rectify the non-compliance.
Penalties and sanctions for sponsors include:
- Formal or informal warnings
- Cancellation of a sponsorship approval
- Being barred from being a sponsor for a specified period
- Receiving an infringement notice (a fine)
- Civil litigation (being taken to court)
If the Department of Home Affairs has imposed a penalty or sanction against your organisation, or if a court has made an order against your organisation, you may have the right to appeal the decision. There are different avenues of appeal, including:
Internal review (ie. asking the Department of Home Affairs to review their decision)
Merits review (ie. appealing to the Administrative Appeals Tribunal)
Judicial review (ie. appealing to a federal court)
Different avenues of appeal will be available depending on the types of sanctions or penalties imposed. There are also different time limitations for appealing a penalty, sanction or court order. It is important for you to have legal representation so that you are informed about your rights to appeal a decision against your organisation.
Has your organisation been sanctioned or penalised for non-compliance with sponsor obligations? We can help. Contact us today for a free, confidential discussion about how we can assist you.