Look, I have seen too many workers stay silent when they were being exploited. They knew something was wrong. They were underpaid, overworked, or threatened. But they said nothing because they were terrified of losing their visa.
That changes now.
The Migration Amendment (Strengthening Employer Compliance) Act 2023 passed Parliament on 7 February 2024. From 1 July 2024, you can report exploitation without risking your visa status. And employers who mistreat workers will face real consequences.
What the New Laws Actually Do
These are not minor tweaks. The penalties tripled. Here is what employers now face:
• Up to two years in prison for exploiting workers because of their visa status
• Fines increased to three times previous levels
• Banned from hiring anyone on a temporary visa if they have a history of mistreating workers
That last one matters. An employer who exploits one worker cannot simply move on to the next. They lose access to the entire temporary visa workforce.
Why This Matters If You Are on a Work Visa
I have had clients sit across from me, clearly exhausted, clearly being taken advantage of, and tell me they cannot complain because their employer "controls" their visa.
That fear was real. It kept people trapped in terrible situations.
Now you can report exploitation without jeopardising your work visa. The law specifically protects workers who come forward. Your visa status is not a weapon your employer can use against you anymore.
What Counts as Exploitation
If any of this sounds familiar, pay attention:
• Underpaying you (even "just a little" below the award rate)
• Threatening to report you to immigration if you complain
• Forcing you to work outside your visa conditions
• Using your visa status to make you accept things you should not have to accept
It does not matter if your employer is a multinational or a small business. Size is not a defence. Exploitation is exploitation.
What This Means for Employers
If you sponsor workers or employ anyone on a temporary visa, your obligations just got more serious.
This is not about catching employers out. It is about making sure the rules are clear. Pay the correct wages. Follow visa conditions. Do not use visa status as leverage. If you are unsure whether your practices are compliant, now is the time to check.
The penalties are not theoretical anymore. Two years in prison is real. Losing access to sponsored workers is real.
What Should You Do
If you are being exploited, you have options now that you did not have before. You can report it. You can protect yourself.
If you are an employer, make sure you are on the right side of these laws before the Department comes knocking.
Either way, do not guess. Book a consultation and let us work out exactly where you stand.
This article provides general information only and does not constitute legal advice. For advice on your specific circumstances, book a consultation.
