Terms sheet for Exchange Visitors – 401 Visa - Adm.monash.edu ...
Terms sheet for Exchange Visitors – 401 Visa - Adm.monash.edu ...
Terms sheet for Exchange Visitors – 401 Visa - Adm.monash.edu ...
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<strong>Terms</strong> and In<strong>for</strong>mation Sheet<br />
Temporary Work (Long Stay)<br />
Activity <strong>–</strong> Subclass <strong>401</strong><br />
<strong>Exchange</strong> Stream<br />
Sponsor Approval Date:<br />
23 July 2012<br />
Sponsor Class:<br />
<strong>Exchange</strong><br />
Sponsor Application ID:<br />
285550025<br />
1. Scope and coverage<br />
The following in<strong>for</strong>mation and terms apply to skilled workers to come to Australia <strong>for</strong> a temporary stay to participate in<br />
a staff exchange arrangement, undertake ongoing sporting activities or religious work.<br />
There are three streams under this visa:<br />
• <strong>Exchange</strong> stream<br />
• Sports stream (not available to Monash)<br />
• Religious Worker Stream (not available to Monash)<br />
Monash University is only able to nominate visa applicants <strong>for</strong> sponsorship under the <strong>Exchange</strong> Stream. Nomination<br />
under this stream requires proof of a reciprocal arrangement with an organisation overseas to allow Australian<br />
residents similar opportunities abroad.<br />
2. <strong>Visa</strong> and Immigration Requirements<br />
The invitation is conditional upon the visitor obtaining any approval and visas required from the Australian Department<br />
of Immigration and Citizenship (DIAC) <strong>for</strong> the visit.<br />
The University will sponsor the applicant <strong>for</strong> a Temporary Work (Long Stay) Activity (Subclass <strong>401</strong>) visa under the<br />
<strong>Exchange</strong> stream unless advised otherwise by the visitor. (ie. dual Australian citizen or permanent resident).<br />
Applying <strong>for</strong> this visa<br />
A nomination approval from Monash University is initially required prior to the visitor commencing the lodgment of their<br />
application <strong>for</strong> a Subclass <strong>401</strong> visa.<br />
Completion of the Application Form 1<strong>401</strong> is required attaching all the necessary supporting paperwork as indicated on<br />
the <strong>for</strong>m. Form 1<strong>401</strong> is available from the DIAC website www.immi.gov.au/all<strong>for</strong>ms/application-<strong>for</strong>ms<br />
Other supporting documentation required <strong>for</strong> the visa application is detailed in the application document checklist<br />
prepared by DIAC and can be found at: www.immi.gov.au/visas/temporary-visa/_pdf/<strong>401</strong>-document-checklist.pdf<br />
The visitor will need to lodge their application <strong>for</strong> the visa through the nearest Australian Diplomatic Mission.<br />
Cost of visa application<br />
There is a non-refundable visa application cost of AU$315 (correct as of 1 January 2013) that must be paid at the time<br />
of visa lodgement.<br />
The cost of the visa is the responsibility of the visitor unless stated otherwise in the invitation letter.<br />
Further in<strong>for</strong>mation<br />
For more in<strong>for</strong>mation on the Temporary Work (Long Stay) Activity (Subclass <strong>401</strong>) visa, please refer to the DIAC<br />
website: www.immi.gov.au/visas/temporary-visa/<strong>401</strong>/ .<br />
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<strong>401</strong> - Temporary Work (Long Stay)<br />
Activity<br />
3. Health Insurance<br />
In order to be granted a Temporary Work (Long Stay) Activity (Subclass <strong>401</strong>) visa, visitors under this category are<br />
required to provide evidence that adequate arrangements in Australia <strong>for</strong> health insurance during the visit period stay<br />
on this visa have been made. This evidence will need to be lodged in support of the Subclass <strong>401</strong> visa application<br />
hence this must be arranged prior to the visitor’s departure from their home country.<br />
<strong>Visitors</strong> under this category are required to take out private health cover that DIAC deems to be adequate. The health<br />
insurance cover does not have to be held with an Australian insurer, arrangements made in the visitor’s home country<br />
may be assessed as being acceptable. In<strong>for</strong>mation regarding appropriate cover can be found at the following DIAC<br />
link: www.immi.gov.au/skilled/_pdf/hi-template.rtf<br />
More in<strong>for</strong>mation on private health cover can be found at www.privatehealth.gov.au<br />
Medicare, the scheme through which the Australian Government provides help with basic medical expenses through<br />
the public health care system, provides reciprocal benefits to visitors from certain countries. It is recommended that<br />
visitors contact the Medicare offices (www.humanservices.gov.au/customer/dhs/medicare) prior to arrival in Australia<br />
to determine the scope of the Medicare benefits (if any) that may be available, as Medicare membership processing<br />
may take between three to six weeks. Private health insurance as outlined above, must be arranged be<strong>for</strong>e departure<br />
from a visitor’s home country to cover this processing period and visitors may still choose to maintain their private<br />
health insurance, even if eligible <strong>for</strong> Medicare benefits.<br />
Subclass <strong>401</strong> visa holders who are enrolled with Medicare under reciprocal health care arrangements will be<br />
considered as having met the health insurance requirement.<br />
The cost of health insurance is the responsibility of the visitor unless stated otherwise in the invitation letter.<br />
4. Other Insurance<br />
It is strongly recommended that visitors take out travel and any other appropriate insurance from a reputable<br />
insurance provider to cover all periods of travel associated with their visit.<br />
5. Statement from home institution<br />
<strong>Visitors</strong> under the <strong>Exchange</strong> stream of the Temporary Work (Long Stay) Activity (Subclass <strong>401</strong>) visa are required to<br />
supply Monash University a statement from their home institution to confirm the following:<br />
• the purpose of the exchange<br />
• the duration of the staff exchange<br />
• the benefits of the staff exchange to both participant<br />
• the name of the visitor and the Australian resident participant<br />
• the name, title and signature of the approver.<br />
6. Reimbursement of expenses<br />
Where Monash has agreed to reimburse expenses, the visitor should ensure that receipts are kept and provided to the<br />
University, together with a completed <strong>Visitors</strong>’ Claim Form be<strong>for</strong>e the conclusion of their visit.<br />
7. Return of Invitation, associated documentations and <strong>Visa</strong> Approval<br />
The visa nomination process cannot commence until the visitor returns their signed letter accepting Monash<br />
University’s invitation and the statement from the visitor’s home institution The signed invitation letter can be returned<br />
to HR Operations via email attachment, fax or post. The invitation letter also includes these contact details.<br />
Where visa approval is electronic, visitors must also provide their written consent <strong>for</strong> HR Operations to obtain<br />
confirmation of the visa approval from DIAC, including accessing electronic records held by DIAC.<br />
A visitor’s written consent is provided when the signed invitation letter is returned to Monash University.<br />
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<strong>401</strong> - Temporary Work (Long Stay)<br />
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All copies of required documentation must be certified as being a true copy of the original by an authorised person. A<br />
list of authorised persons can be obtained from www.adm.<strong>monash</strong>.<strong>edu</strong>.au/workplace-policy/<strong>for</strong>ms/certifiedcopies.html<br />
.<br />
8. Visitor ID Cards<br />
Upon the inviting Department completing a Confirmation of Commencement of Visitor Form and submitting this to<br />
hrvisitors@<strong>monash</strong>.<strong>edu</strong>, a SAP ID number will be <strong>for</strong>warded to the inviting Department.<br />
The inviting Department can subsequently apply <strong>for</strong> a Visitor ID card and, once approved, an ID card can be issued to<br />
the visitor at the nearest Campus ID issuing location.<br />
9. Induction<br />
All visitors must undergo an induction process conducted by the University. In<strong>for</strong>mation about Monash University and<br />
the online induction process may be accessed at www.adm.<strong>monash</strong>.<strong>edu</strong>.au/human-resources/induction/.<br />
10. Equal Employment Opportunity and Anti Discrimination<br />
The University is committed to the principles of equal employment opportunity in employment and <strong>edu</strong>cation. All<br />
visitors are required to comply with all policies and requirements of the University in relation to equal opportunity and<br />
must not at any time unlawfully discriminate against or sexually harass any staff members, students, contractors or<br />
other visitors. See: www.<strong>monash</strong>.<strong>edu</strong>.au/equity-diversity/policies/ .<br />
11. Occupational Health and Safety<br />
The University is committed to providing staff members, students, contractors and visitors with a healthy and safe<br />
environment. It is the responsibility of each visitor to ensure that any tasks per<strong>for</strong>med at Monash reflect good<br />
occupational health and safety standards to protect their own health and safety and the health and safety of others.<br />
This is to be achieved through compliance with all occupational health and safety laws, policies and proc<strong>edu</strong>res.<br />
12. Workers Compensation Insurance<br />
Monash University holds compulsory workers compensation insurance under State workers compensation scheme in<br />
respect of its employees. The scheme provides certain benefits and payments to employees injured in the course of<br />
their employment. The scheme does not generally apply to visitors.<br />
13. Confidentiality and Intellectual Property<br />
Both during the visit and thereafter, visitors must maintain the confidentiality of any “confidential in<strong>for</strong>mation of the<br />
University” of which they either are or become aware through their attendance as a visitor. Such in<strong>for</strong>mation must not<br />
be used otherwise than in the discharge of their attendance at Monash University as a visitor.<br />
"Confidential in<strong>for</strong>mation of the University" means all in<strong>for</strong>mation such as trade secrets, business and research,<br />
student recruitment in<strong>for</strong>mation and plans, research sponsor and sponsor contact lists, methodologies, financial,<br />
marketing, technical, scientific or commercial in<strong>for</strong>mation of or relating to Monash or its related entities and associates,<br />
which in<strong>for</strong>mation is by its nature confidential or is marked as confidential, proprietary or restricted, or is unmarked as<br />
such but treated as confidential, proprietary or restricted at the time of disclosure.<br />
The University will treat any confidential in<strong>for</strong>mation provided by the visitor to the University during their visit as<br />
confidential and shall not use or disclose that in<strong>for</strong>mation other than in respect of facilitating the visitor’s attendance.<br />
Monash University exclusively owns and is entitled to the exclusive benefit of all documents, software, in<strong>for</strong>mation and<br />
all intellectual property rights in such documents, software and in<strong>for</strong>mation and all inventions and discoveries (whether<br />
or not patentable) created during the visit, unless otherwise agreed in writing between the visitor and the University.<br />
The visitor assigns to Monash University all right, title and interest in or derived from such documents, software and<br />
in<strong>for</strong>mation, and all such inventions and discoveries created during the visit, with such assignment to be effective from<br />
the date that the intellectual property comes into existence. The visitor agrees to execute all and any documents and<br />
do all acts and things necessary to effect the assignment under this provision, including after the termination or expiry<br />
of the visit. Consideration <strong>for</strong> the obligations contained in this clause is constituted by the provision of the benefits<br />
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associated with the visit, including the opportunity to participate in the University’s business operations or research.<br />
The obligations contained in this clause survive beyond the expiration or cessation of this visit.<br />
If the visitor expects to contribute any background intellectual property (being any intellectual property which is made<br />
available by the visitor <strong>for</strong> the purposes of the visit and not created during or <strong>for</strong> the purposes of the visit) the visitor<br />
shall notify the University and enter into an agreement with the University to set out the terms upon which the<br />
background intellectual property is contributed.<br />
14. Privacy Laws<br />
<strong>Visitors</strong> may handle personal in<strong>for</strong>mation (as defined in the In<strong>for</strong>mation Privacy Act 2000 (Vic)) and health in<strong>for</strong>mation<br />
(as defined in the Health Records Act 2001 (Vic)). <strong>Visitors</strong> must handle such in<strong>for</strong>mation in accordance with the<br />
privacy principles which govern the handling of such in<strong>for</strong>mation by Monash University and all applicable guidelines,<br />
determinations, or recommendations made pursuant to those laws.<br />
15. Other Conditions<br />
<strong>Visitors</strong> may have been in correspondence with other staff of the University concerning terms and conditions of their<br />
visit. Please note that the University is only bound by statements made in the name of the Executive Director,<br />
Monash HR, or an officer of HR Operations, on behalf of the Executive Director.<br />
16. Applicable Law<br />
The laws applicable in Victoria, Australia apply <strong>for</strong> all visitors to Monash University’s Australian campuses.<br />
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