Migrant Worker Rights...
Important Information on Migrant Worker Protections in Australia
Australia has strong laws in place to protect migrant workers – regardless of their visa status. These laws are designed to prevent exploitation and support workers in reporting and resolving workplace issues safely.
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
- Pressure you to surrender your passport or documents
- Threaten to cancel your visa (only the Department of Home Affairs can do this)
- 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
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
