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Sham contracting: compliance checklist for contractors

Contractors in building and construction can use this checklist to assess whether they are complying with laws relating to visas and sham contracting.

Sham Contracting and Visa-Compliance Code of Conduct

The Sham Contracting and Visa-Compliance Code of Conduct is a voluntary, industry-led initiative developed by the Building Industry Consultative Council (BICC). 

The Code has been developed to help Principal Contractors and Subcontractors understand their legal obligations under immigration and workplace laws concerning these matters.

A failure to comply with visa requirements or allowing sham contracting to occur are unlawful practices and punishable at law with significant penalties.

Read the code

Principal contractors in building and construction should consult this checklist regularly to ensure they are meeting their legal obligations.

If you have any doubts about your compliance with any Australian law, you should seek independent legal advice.

It is best practice for principal contractors to provide this checklist to subcontractors as part of the engagement process.

Sham contracting compliance checklist

Statement of non-compliance

If you answer ‘No’ to any of the questions in this checklist, please use the space provided in this document to give a detailed explanation of the non-compliance and the remedial actions you plan to take.

Sham contracting - compliance checklist for contractors
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