For employers · Compliance · Exploitation laws
Migrant worker exploitation laws: what every employer needs to know
Since 1 July 2024 it has been a crime to use a worker's visa status to exploit them, and employers who seriously breach the rules can be barred from hiring temporary visa holders and named publicly. In 2026 a further law allowed Home Affairs to publish information about approved sponsors. This guide summarises the rules for employers, checked against Home Affairs and the legislation on 10 November 2026.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 10 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - In force
- 1 July 2024
- Criminal offences
- Up to 2 years and/or 360 penalty units
- Prohibited employers
- Barred from hiring temporary visa holders; named
- 2026 Act
- Sponsor information may be published
The migration agent that other migration agents learn from. WIDEN is an OMARA-approved CPD provider — our training is rated ★4.8 by 40+ registered migration agents.
About the CPD →The new offences
The 2024 Act made it an offence for an employer (or anyone in the labour chain) to coerce, unduly influence or unduly pressure a non-citizen to accept or agree to an arrangement that breaches a work-related visa condition, or to accept an exploitative arrangement in order to meet a visa condition or support a future visa application. Home Affairs states these offences carry up to 2 years' imprisonment and/or 360 penalty units. The old offence that could deter workers from reporting (former section 235) was repealed. Typical risk areas: making a worker exceed student work hours, unpaid "trial" work tied to a promised sponsorship, demanding payment for sponsorship, and threats about visa cancellation. Source: Home Affairs factsheet (PDF).
Prohibited employers
The Minister can declare an employer prohibited after certain serious, deliberate or repeated breaches of migration or Fair Work laws. A prohibited employer cannot employ additional temporary visa holders for the period of the declaration, and the declaration is published on the Home Affairs website. Prohibition decisions can be reviewed. Source: Home Affairs prohibition factsheet (PDF).
Compliance notices, undertakings and penalties
Authorised officers can issue compliance notices setting out what an employer must do to fix a breach, and accept enforceable undertakings. Civil penalties for existing work-related breaches were increased, with matching infringement notices. Penalty units are indexed, so the dollar figure changes; Home Affairs and the courts apply the value current at the time. For sponsors, these sit alongside the existing sponsor sanctions.
Publishing sponsor information (2026 Act)
The Migration Amendment (Combatting Migrant Exploitation) Act 2026 (No. 39, 2026, assented 8 April 2026) inserted a power for the Secretary to publish prescribed information about approved work sponsors on the Department's website, such as name, ABN and nomination details, as set by regulations, and not personal identifiers. Assume your sponsorship activity may become visible.
The Workplace Justice visa
Temporary visa holders with a certified workplace exploitation claim can apply for the Workplace Justice stream of the subclass 408, which lets them stay 6 months, or up to 12 depending on circumstances, to pursue the claim, at nil cost. Practically, a worker who reports you is no longer forced to leave Australia before the claim is heard.
Practical steps for employers
- Check work rights before employment and during it (VEVO), and record the checks.
- Never ask for or accept payment for sponsorship, and never recover sponsorship costs from a worker (what you cannot recover).
- Pay sponsored workers at least the nominated salary (paid less than nominated) and the award or agreement for everyone.
- Do not link hours, pay or conditions to a promise of future sponsorship or a visa outcome.
- Keep sponsorship notifications and records up to date (obligations).
Consultation for employers
A sponsor compliance consultation with Keshab Chapagain, registered migration agent (MARN 1576536, registered since 2015, more than 10 years and hundreds of cases), reviews your practices against these rules or helps you respond to a notice. A$330 inc. GST for 30 minutes or A$550 for 60, credited in full if you engage the practice. This is general information, not legal advice on a prosecution; serious matters may need a lawyer. Book a consultation →
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
Not sure which visa fits you?
Answer three questions. An automated guide points you to the route that usually applies. General information only.
Book 30 minutes with Keshab.
Keshab Chapagain, registered migration agent (MARN 1576536), reads your situation with you and tells you which route fits, what it costs and what happens next.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: ABN, what the business does, the role and salary, the candidate’s CV and current visa.
- Prefer no call? The sponsorship readiness check is done in writing, A$550.
Book an employer sponsorship consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
MARN 1576536 · practising since 2015 · contact details
Questions we get asked first
What is the Strengthening Employer Compliance Act?
The Migration Amendment (Strengthening Employer Compliance) Act 2024 amended the Migration Act from 1 July 2024. It created criminal offences for using a person's migration status to exploit them at work, allowed employers to be declared prohibited from employing more temporary visa holders, added compliance notices and enforceable undertakings, and increased penalties.
What conduct is now an offence?
In summary, coercing, unduly influencing or unduly pressuring a non-citizen to accept or agree to an arrangement that breaches a work-related visa condition, or to accept an exploitative arrangement to satisfy a visa condition or support a future visa application. Home Affairs states these offences carry up to 2 years' imprisonment and/or 360 penalty units.
What is a prohibited employer?
An employer the Minister has declared prohibited after certain serious or repeated breaches of migration or workplace laws. A prohibited employer cannot employ additional temporary visa holders for the period of the declaration, and the declaration is published on the Home Affairs website.
Can Home Affairs publish information about our business as a sponsor?
Yes, in a separate change. The Migration Amendment (Combatting Migrant Exploitation) Act 2026 (assented 8 April 2026) allows the Secretary to publish prescribed information about approved work sponsors, such as the name, ABN and details of nominations, as set out in regulations.
What is the Workplace Justice visa?
A stream of the Temporary Activity visa (subclass 408) that lets eligible temporary visa holders with a certified workplace exploitation claim stay in Australia for 6 months, or up to 12 months depending on circumstances, to pursue it. Home Affairs lists the cost as nil.
Does this only apply to sponsors?
No. The offences and prohibition powers apply to employers, labour hire firms and others in the labour supply chain, whether or not they sponsor anyone, wherever they employ a non-citizen.
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