Migrant Worker Rights
Important Information on Migrant
Worker Protections in Australia
Migrant Worker Rights
Important Information on Migrant
Worker Protections in Australia
Your Rights Are Protected
No Matter Your Visa
National workplace laws apply to all workers in Australia, including temporary visa holders. New laws make it illegal for any employer — including visa sponsors or others in the labour supply chain — to exploit or intimidate a worker by using their visa status.
It’s Against the Law for an Employer To:
Underpay you or withhold wages
Threaten to cancel your visa (only the Department of Home Affairs can do this)
Pressure you to surrender your passport or documents
Force you to work beyond your visa’s legal work hours
Pressure you into unwanted sexual activity
Force you to live in unsafe or overcrowded housing (e.g., no water, electricity, etc.)
Remember:
Costs associated with becoming a sponsor must not be transferred to the visa holder or their family members. It is also illegal for a person to pay an employer to sponsor them for a visa. Employers who engage in these actions face serious consequences. There are serious penalties for employers who breach these laws, including up to 2 years’ jail and fines. Employers may also be prohibited from employing more temporary visa holders for a period.
Your employer CANNOT cancel your visa.
Only the Department of Home Affairs can do that — and reporting
exploitation will NOT lead to visa cancellation if you are the victim.
Speak Up – You Are Not Alone
If you believe you are being exploited or pressured unfairly, report it early. You can remain anonymous and still get help.
Contact:
- Fair Work Ombudsman – for pay, hours, and working conditions
- Border Watch – to report serious visa-related abuse or exploitation
Recourses and Links:
- Employing overseas workers
- Fair Work Ombudsman
- Entering Australia
- Settling in Australia
- Explore visa options
- Check visa details and conditions
- Border Watch Online Report
- Work visa scams
- Work Restrictions
- Migrant Worker Protection
- Information for employers and labour hire intermediaries
- Workers rights and visa reporting protections
