Obligation – Records That Must Be Kept

Types of records that must be kept

In relation to the obligation to report certain events:

• a record of a notification that was made to the department that the sponsor was required to make
• a record of the date on which the sponsor notified immigration, the method by which the notification was made and where the notification was made.

A detailed list of the types of events that must be reported to Immigration is available.
See: Obligation – Provide Information to Immigration When Certain Events Occur

How records must be kept

All the records must be in a reproducible format and some must be capable of being verified by an independent person.

How long records must be kept

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends two years after the concurrence of the following two events:

• the approved sponsorship ceases
• there are no sponsored applicants in relation to the sponsorship.

However, no record need be kept for more than five years under this obligation.

The information provided in the sponsor application regarding the sponsor's or a sub contractor's capacity to deliver the approved professional development program has changed.

The legal status of the sponsor ceases to exist.

A new director is appointed (applicable to sponsors who are companies).

A new partner joins a partnership (applicable to sponsors who are a partnership).

A new member is appointed to the managing committee of the association (applicable to sponsors who are an unincorporated association).

The sponsor has become insolvent as defined within the Bankruptcy Act 1966 and the Corporations Act 2001.

The primary sponsored person is unable to participate in the professional development program.

The primary sponsored person has ceased participation in the professional development program prior to the ending of the program.

The primary sponsored person has failed to attend the professional development program and the absence was unauthorised by the professional development sponsor.

Where the sponsor is a company, a partner of a partnership, or a member of a managing committee for an unincorporated association, any of the following apply:

• an administrator is appointed for the company/partnership/association under the Corporations Act 2001
• the company/partnership/association resolves by special resolution to be wound up voluntarily under the Corporations Act 2001
• a court has ordered that the company/partnership/association be wound up in insolvency under the Corporations Act 2001
• a court has appointed an official liquidator to be the provisional liquidator of the company/partnership/association under the Corporations Act 2001
• a court has approved a compromise or arrangement proposed by the company/partnership/association under the Corporations Act 2001
• the property of the company/partnership/association becomes subject to a receiver or other controller under the Corporations Act 2001, or
• procedures are initiated for the deregistration of the company/partnership/association under the Corporations Act 2001.