Reporting migrant worker exploitation — how to report without visa penalties
The fear that 'reporting gets your visa cancelled' is what keeps exploitation going. You can report exploitation even if you have breached a visa condition — this guide sets out the reporting protections currently in operation (the Strengthening Reporting Protections Pilot and the Workplace Justice visa, subclass 408), how to report, how to gather evidence and how to use an interpreter.
The fear that 'reporting means visa cancellation' — the biggest mechanism keeping exploitation alive
The biggest reason people working on temporary visas put up with unpaid wages is the fear that 'if I report, my visa will be cancelled'. Exploitative employers weaponise exactly this fear — 'if you report me, I'll tell immigration', or 'you've breached your conditions too, you'll go down with me'. In Australia, however, every worker — regardless of visa type — has the same workplace rights as citizens, including the minimum wage and the NES (National Employment Standards), and there is even an official scheme protecting visa holders who cooperate with the Fair Work Ombudsman (FWO) to report exploitation. Knowing this is the first step to breaking the cycle of exploitation.
The spectrum of exploitation — knowing where your situation sits is the starting point
Exploitation comes in degrees. The most common is wage theft — unpaid wages, unpaid entitlements and no payslips; next comes control through threats, passport confiscation, or using your accommodation as leverage; and the most serious level is forced labour, debt bondage and human trafficking, which are federal crimes. Wage issues are handled by the FWO, while signs of forced labour or trafficking are handled by the AFP (Australian Federal Police) and the Red Cross STPP. Knowing which level your situation sits at makes it clear where to ask for help.
Reporting protections — cooperate with the FWO and that breach alone won't cancel your visa
As at July 2026, two arrangements are in operation to protect temporary visa holders who report exploitation, and both are run by the Department of Home Affairs with the Fair Work Ombudsman (FWO) taking part as a certifying agency. The first, the Strengthening Reporting Protections Pilot, protects you — while you report the exploitation and work through it — from visa cancellation on the ground of a work-related visa condition breach connected to that exploitation (for example, an international student exceeding the work-hour limit). The second, the Workplace Justice visa (subclass 408), is a temporary visa that lets you stay in Australia longer while you resolve the matter. The Assurance Protocol that used to be pointed to — an arrangement between the FWO and Home Affairs — is paused while these two arrangements operate, and the FWO now directs people to the two above. In other words, the protection has not disappeared: the door to it has changed. The mix of arrangements can change, so before you report, check which one currently applies at fairwork.gov.au and immi.homeaffairs.gov.au.
The conditions — it is not an 'unconditional exemption'
The protection is not an automatic free pass but protection that comes with conditions. Across both arrangements you are expected to have sought help in a situation where you reasonably believed you were being exploited, to cooperate with the process, and to commit to complying with your visa conditions in the future; and separate cancellation grounds unrelated to the exploitation — fraud, false documents or character issues — are assessed separately. The Workplace Justice visa has more specific requirements. You must apply online while in Australia (you cannot apply at immigration clearance) and, most importantly, your current temporary substantive visa must have 28 days or less remaining, or have expired no more than 28 days ago. If you miss this 28-day window, eligibility to apply falls away altogether, so if your visa expiry is approaching and the matter is not resolved, work out your dates now. You also need a certification confirming the exploitation, issued by a participating agency such as the FWO or by an accredited third party; you must maintain adequate health insurance for your whole stay; and while the application charge is nil, associated costs such as health examinations and police certificates are at your own expense. The stay is 6 months, and up to 12 months may be granted depending on your circumstances.
Preparing before you report — evidence determines what you recover
What determines whether a report succeeds and how much unpaid wage you recover is your records. If your employer did not give you payslips, that is a breach in itself (see the payslip and wage-theft check guide for details), and in that case the FWO may treat the records a worker has kept themselves as important evidence. Start gathering the three things below, even from today.
- Records of hours worked — record dates, start and finish times, and breaks every day in a notebook, phone calendar or notes app (along with photos of your rosters)
- Pay documents — payslips, your employment contract, bank deposit records, and notes of the date and amount whenever you were paid in cash. If you never received payslips, record that fact itself
4 common types of exploitation — be suspicious if this sounds like your situation
These are four exploitation patterns frequently reported to the FWO and Home Affairs. If your situation looks like one of these, it is very likely exploitation — not 'just how things are'.
Being paid in cash is not illegal in itself, but when pay below the minimum wage or the Award is combined with unpaid tax and Super and no payslips, it is classic wage theft. Check the exact hourly rate for your occupation with the FWO's P.A.C.T. calculator.
Demanding, giving or receiving money, unpaid work or fees in return for visa sponsorship is a criminal offence under the Migration Act. Legitimate sponsorship does not pass its costs on to the worker. Do not comply — report it.
Taking or keeping another person's passport without consent is a crime in Australia and a key indicator of forced labour. If they refuse to return it, report to the police or the AFP. Even 'we're just keeping it safe for you' can be a means of control.
This is the pattern of taking excessive amounts out of wages for accommodation arranged by the employer. Wage deductions are only lawful under strict conditions, such as the worker's written agreement and the deduction being principally for the worker's benefit. Deductions combined with compulsory accommodation priced above market rates are a sign of exploitation.
5 reporting channels and tips for each stage
Choose your channel based on how serious the situation is and what you need. Whichever channel you use, starting is the hardest part — once you start, interpreting and support follow.
- Report to the FWO online — request assistance at fairwork.gov.au. If you are worried about being identified, an anonymous tip-off is also available, and it supports a number of languages other than English
- Phone advice — Fair Work Infoline 13 13 94. If English is difficult, call the interpreting service TIS National on 131 450 first and ask to be connected with a free interpreter
5 cautions and common misconceptions
Misinformation is what stops people from reporting. Get the following five facts straight.
- 'Reporting always gets your visa cancelled' is not true — if you cooperate with the FWO, reporting protections are in operation under which your visa will not be cancelled solely for condition breaches connected to the exploitation. It is a conditional scheme, though, so do not mistake it for an 'absolute guarantee' either
- 'I was paid in cash, so I'm complicit and can't report' is a misconception — even if you were paid in cash, your right to claim unpaid wages is unchanged. If you failed to declare income, you can voluntarily correct it with the ATO
Useful official links
- Fair Work Ombudsman(opens in a new window)
Report workplace exploitation, check for unpaid wages (P.A.C.T.), and make an anonymous tip-off (available in languages other than English) — the starting point for any report.
- Home Affairs — Workplace Rights of Visa Holders(opens in a new window)
Official guidance on workplace rights for visa holders and the reporting protections — check which arrangement currently applies and the latest conditions of protection here.
- Australian Red Cross (STPP)(opens in a new window)