A Bill for an Act to amend the Migration Act 1958, and for related purposes
The Migration Amendment (Protecting Migrant Workers) Bill (the Bill) amends the
Migration Act 1958 (the Migration Act) to strengthen the Government’s response to the
exploitation of migrant workers in Australia, and to implement Recommendations 19 and
20 from the Report of the Migrant Workers’ Taskforce (the Taskforce Report).
The Migrant Workers’ Taskforce (the Taskforce) was established in 2016 as part of the
Government’s commitment to protect vulnerable workers. It was asked to identify further
proposals for improvements in law, law enforcement and investigation, and other practical
measures to more quickly identify and rectify any cases of migrant worker exploitation.
The Taskforce Report was released on 7 March 2019 and is available at:
https://www.ag.gov.au/industrial-relations/migrant-workers-taskforce.
The Government is implementing a range of measures to respond to the Taskforce’s
recommendations. The Department of Home Affairs is the lead agency responsible for
implementing:
Recommendation 19: It is recommended that the Government consider
developing legislation so that a person who knowingly unduly influences,
pressures or coerces a temporary migrant worker to breach a condition of their
visa is guilty of an offence; and
Recommendation 20: It is recommended that the Government explore
mechanisms to exclude employers who have been convicted by a court of
underpaying temporary migrant workers from employing new temporary visa
holders for a specific period.
This Bill implements Recommendations 19 and 20, and strengthens existing compliance
mechanisms and sanctions available under the Migration Act.
Source: Migration-Amendment-Protecting-Migrant-Workers-Bill-2021.pdf and
Migration-Amendment-Protecting-Migrant-Workers-Bill-Explanatory-Memorandum.pdf