New visa protections for international students

The Australian government recently introduced innovative visa reforms to better protect international students from exploitation in a workplace. 

These changes, including the Workplace Justice Visa and stronger safeguards against visa cancellation, were recommended by the “Breaking the Silence” report, co-authored by UTS’s own Associate Professor Laurie Berg.

Over the past 8 years, Associate Professor Berg and Associate Professor Bassina Farbenblum (UNSW) conducted research involving over 15,000 participants. Their findings were alarming:

• 75% of participants earned less than the minimum casual wage, with 25% earning less than half that amount.
• Most participants (about 90%) didn’t take action because they were afraid it might jeopardise their visa.

The Department of Home Affairs invited Berg and Farbenblum, along with other key stakeholders, to participate in a 'co-design' process for the new pilot of the visa protections.

The new protections represent a significant step in ensuring fair treatment in Australia with Associate Professor Berg calling the reforms, "…a powerful new tool to combat modern slavery". 

What do these reforms mean for international students?

Strengthened reporting protections

The government acknowledges that some visa holders fear reporting exploitation due to potential visa cancellation. These reforms will empower and protect temporary visa holders (including international students) to report any workplace exploitation they may encounter. 

Protection against visa cancellation

Visas won't be cancelled for breaching work-related conditions if the breach is connected to exploitation, subject to requirements:

• The exploitation must be certified by a participating agency or legal service, this includes issues such as underpayment, workplace injury, or discrimination.
• The visa holder must commit to following visa conditions.
• There should be no other reasons for visa cancellation (e.g., fraud, character issues).

Workplace Justice Visa

The introduction of the Workplace Justice Visa will allow migrant workers to stay and work in Australia, at the end of their stay, for up to six months while pursuing a labour claim. The visa also requires certification of the labour claim by a participating agency.

Support and resources

• Strengthening Reporting Protections pilot: For more detailed information on the new laws and how to apply for the Workplace Justice Visa, visit the Department of Home Affairs website.
• Legal assistance: Redfern Legal Centre or Unions NSW can offer confidential advice and help with the certification process.