Legal and training guidance reviewed: 15 October 2026.
One number cannot describe every work-rights breach. The Migration Act distinguishes allowing unlawful work, work that breaches visa conditions, referral, coercion and aggravated exploitation. It also separates individual and company liability, civil proceedings, infringement notices and criminal prosecution.
The penalty framework
Use Home Affairs' current work-related contraventions table for the exact provision, entity and enforcement type. It publishes per-worker amounts using the Commonwealth penalty unit applying from 1 July 2026.
| Issue | What to check |
|---|---|
| Allowing an unlawful non-citizen to work | Section 245AB and any applicable reasonable-steps exception |
| Allowing work in breach of a visa condition | Section 245AC, the actual visa conditions and applicable exceptions |
| Referring someone for work | Separate referral provisions, including section 245AE |
| Aggravated exploitation | The separate elements of the aggravated criminal provisions, including section 245AD |
| Who may be responsible | The employing entity and any applicable individual or executive-officer provision |
A maximum court penalty is not an automatic fine. Criminal and civil maxima are not amounts to add together as a forecast. A prior warning does not by itself establish aggravated exploitation.
How enforcement can work
The response depends on the conduct and evidence. It may include an infringement notice, civil proceedings, criminal investigation or other regulatory action. Do not assume every employer will receive a warning before enforcement.
Home Affairs' table distinguishes the available processes and amounts. Keep any notice, record its actual response deadline and obtain advice about the particular allegation. General articles cannot determine an employer's liability from a headcount alone.
What reasonable steps means for your records
The practical aim is to establish the worker's current entitlement and the conditions relevant to the work. Use Home Affairs' hiring checklist, rather than treating a passport copy or an old visa grant letter as a complete answer.
- Follow the checklist for citizenship, permanent residence or the relevant visa.
- For visa evidence, obtain the worker's permission to check VEVO, or ask the worker to share their current VEVO details.
- Record the result, date, work conditions and the person who reviewed them.
- Schedule follow-up around the actual visa circumstances, expiry and any known change.
- Resolve missing or conflicting information before assigning work that requires an entitlement you have not confirmed.
Records may support an assessment of reasonable steps at reasonable times. They do not automatically prove a defence, and an article or software checklist cannot guarantee one.
Ongoing checks
Home Affairs says to check within two days of visa expiry or when you know circumstances have changed. It identifies three-month checks for a bridging visa where VEVO shows no expiry date. Additional internal reviews can help your business, but a blanket quarterly or monthly schedule is not a substitute for those triggers. See the current hiring guidance.
An earlier visa's expiry does not, by itself, establish that the worker currently lacks permission: a different visa, including a bridging visa, may be in effect. Confirm the current result and restrictions. Keep immigration entitlement decisions separate from employment-law decisions about suspension or termination.
A practical venue workflow
- Assign someone to review work-rights evidence before work starts.
- Record any restrictions that affect the role or roster.
- Give expiry and changed-circumstance checks a named owner.
- Keep records of follow-up and how discrepancies were resolved.
- Apply the same evidence process consistently, without assumptions based on name, accent or appearance.
How VenueShield helps
VenueShield helps managers organise credential evidence, recorded dates and configured reminders. Review the underlying evidence and the requirements for the venue and duties. A dashboard or reminder does not certify legal eligibility, guarantee a legal defence or establish that every shift is covered. See how VenueShield can help.