The process for assessing employers for DAMA endorsement is not prescribed by the Commonwealth. Notwithstanding, the Commonwealth does require that a decision by the Designated Area Representative (DAR) to endorse an employer should demonstrate consideration of the risk(s) that the request might pose to the integrity of the program.
The Commonwealth has developed a declaration form that reduces the evidentiary requirements on the requesting employer at the DAR endorsement stage. Under this revised process, there would be a reduced range of documents that a DAR would need to collect and assess for each endorsement.
Instead, the business seeking endorsement is now required to complete a declaration that they will meet the requirements for DAR endorsement, with detailed evidence to support their claims provided to the Department of Home Affairs at the Labour Agreement request stage and/or the Nomination stage. The declaration form is included in the Request for Endorsement application form
To enable the DAR to endorse a request, the DAR will need to be satisfied that:
- The requested occupations and concessions sought are available;
- The maximum ceiling numbers have not already been reached for that year;
- The concessions are reasonable with regards to current labour market conditions in the region;
- The request supports the objectives outlined in the DAMA; and
- The employer has completed the declaration form.
If for any reason the DAR has concerns about an employer’s circumstances or the validity of any aspects of their request to utilise the DAMA, the DAR can seek clarification or information from the employer as it deems necessary.