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Article

31 Jan 2024

Author:
Andy Kollmorgen, Choice (Australia)

Australia: Upcoming reforms to enable migrant workers to speak about abuse without fear of deportation would be "game changer"

"Ending the silence on migrant worker exploitation,"

For many migrants in Australia on a temporary work visa, being underpaid and exploited is part of the experience...

If a migrant worker dobs in an employer for underpayment or being compelled to put in overtime, they're putting themselves at risk because – according to Section 235 – you're in violation of your visa conditions if you work more hours than you're supposed to.  

It's a loophole that's kept a lot of mouths shut for a long time, which is probably why there have been no prosecutions for violating section 235 in the last 15 years...

Early last year, the Migrant Justice Institute, where Laurie Berg is co-executive director, and the Human Rights Law Centre (HRLC) led a national coalition of over 40 legal service providers, unions, ethnic community peak bodies, churches, and national organisations calling for new whistleblower protections for migrant workers...

The move would allow workers to bring exploitation to light without jeopardising their visas, something that repealing section 235 alone won't accomplish...

But it's the whistleblower protections that would be the real game changer, since they would specifically protect against visa cancellation when workers come forward...

Part of the following timelines

Australia: Govt. passes law decriminalising undocumented workers & ensuring workplace protections regardless of migration status

Australia: Govt. passes law decriminalising undocumented workers & ensuring workplace protections regardless of migration status