Australia: New Immigrant Protection Laws Come Into Effect

Written by

Shrishti Bajpai

Fact check by

Afreen Abbasi

Updated on

Nov 21,2024

Australia: New Immigrant Protection Laws Come Into Effect- TerraTern

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Australia introduced certain important amendments to the laws protecting immigrants working there. These immigrant protection laws have implemented big fines, jail time, and other repercussions for those who exploited their workers. Thus, the Australian Department of Home Affairs has greatly widened the scope of protection for international workers.

These new laws, implemented on July 1, 2024 onwards, will subject employers who engage in deliberate and harmful mistreatment or exploitation of their workers to many different punishments. From being unable to hire temporary visa holders to other criminal penalties, new laws ensure that the rights of temporary workers and immigrants are ensured and protected thoroughly.

The Migration Act 1958 was amended to the Migration Amendment (Strengthening Employer Compliance) Act 2024. New laws were specifically introduced to target migrant worker exploitation. These laws enforce protection and explain barriers in the labour chain. It prevents employers from exploiting a person’s migration or immigrant status.

Thus, it gives immigrants the equitable opportunity to have the same rights and opportunities as locals, providing a stepping stone for them so that they are no longer exploited. They also act as a shield for immigrants working in Australia.

Highlights of the Amendment 

These new laws aim to meet three main goals. From 1 July 2024, these new immigration laws, which are a part of the Migration Amendment (Strengthening Employer Compliance) Act 2024, will:

  • Minimize the exploitation faced by temporary migrant workers in the country,

  • Strengthen the compliance of employers,

  • Create improvements and build better workplace justice, laws, and outcomes.

Also Read: Immigration To Australia: Everything You Need To Know

What Do These Amendments Entail?

According to the new amendments made to this law earlier this year, there are three specific work-related offences that make it illegal for any employers, sponsors, labour hiring agencies, and so on:

  • Force or pressurize someone who is a temporary visa holder to breach work-related visa conditions. 

  • A pressurize permanent residents and non-citizens without valid visas to forcibly accept a work-related arrangement or agreement. 

  • Exploit a worker through the temporary visa status in the workplace differently.

The law covers the rights of temporary visa holders to protect them from exploitation, even in a situation that relates to existing visa conditions, which may or may not support future applications.

Apart from these broad groups, the new amendments protect immigrants from other forms of exploitation as well. These include both protective and preventive measures. Many of these include: 

  • Underpaying migrant workers

  • Giving threats about cancelling visas of migrant workers 

  • Coercing migrant workers to work more hours than normal that exceeded the time allowed by their visa conditions

  • Crossing migraine workers to accept harsh living conditions and not providing them with adequate resources for the same, especially if included in the work contract

  • Forcing migrant workers to hand their passports to employers

  • Coercing migrant workers to engage in sexual acts

Read More: How To Prepare For Australia Immigration Interview in 2024

 

Conclusion

These laws aimed to protect all migrant workers from different countries. Their visa status does not determine the level of treatment they may or may not get. All migrant workers from all countries with all types of visa statuses have access to protection through these laws. The new laws also protect not only people with work rights but also immigrant workers who expired visas and those who Are working in Australia despite violations of their visa conditions.

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Frequently Asked Questions

What is the Migration Amendment Act in Australia?

The Migration Amendment (Removal and Other Measures) Bill 2024 has amended the Migration Act of 1958. This allows the ministers to issue directions to the removal pathway for non-citizens to facilitate their removal from Australia, introduce criminal penalties for those who refuse to comply with these directions, and most importantly, provide protection for temporary visa workers in Australia. These amendments have created safety nets for temple workers, permanent residents, and non-citizens who work in Australia. It protects them from exploitation, irrespective of their visa status in the country.

What are some penalties for those who violate the Migration Amendment laws in Australia?

There is a wide range of penalties that one might be subjected to if they violate the rules laid down in the new amendment laws in Australia. These range from jail time, financial penalties, fines going up to $100,000, and restrictions placed on their hiring policies involving temporary workers.

What do these new laws regarding migrant workers aim to protect?

There are three main goals that these new laws regarding migrant workers aim to protect. From 1 July 2024, these new immigration laws, which are a part of the Migration Amendment (Strengthening Employer Compliance) Act 2024 will: Minimize the exploitation faced by temporary migrant workers in the country, Strengthen the compliance of employers, Create improvements and build better workplace justice, laws, and outcomes.

Do these laws apply to immigrants who have overstayed their visa and are being exploited in Australia too?

Yes, the new immigrant protection laws also include the protection of non-citizens who have overstayed the visa, have an expired passport, or an expired visa, or are working in breach of their work visa conditions.