{"id":"F2024L00919","name":"Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024","slug":"migration-strengthening-reporting-protections-lin-24-057-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442500,"registerId":"F2024L00919-fast-fetch-1775957483360","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\n \n\nLIN 24/057\n\n \n\nMigration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.\n\nDated 23 July 2024\n\nAndrew Giles\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Persons, bodies and government entities\n\n6 Matters relating to workplace exploitation\n\n \n\n1 Name\n\n This instrument is the Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024.\n\n2 Commencement\n\n This instrument commences on the day after it is registered.\n\n3 Authority\n\n This instrument is made under subregulations 1.15R(1) and (2) of the Migration Regulations 1994.\n\n4 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Migration Act 1958 or in the Regulations, including the following:\n\n(a) arrangement in relation to work, which has the meaning given by section 245AGA of the Migration Act 1958;\n\n(b) government entity, which has the meaning given by regulation 1.03 of the Regulations.\n\n In this instrument:\n\nOffice of the Fair Work Ombudsman has the same meaning as in section 12 of the Fair Work Act 2009.\n\nRegulations means the Migration Regulations 1994.\n\n5 Persons, bodies and government entities\n\n For the purposes of regulations 2.43A and 2.43B and under subregulation 1.15R(1) of the Regulations, a person, body or government entity mentioned in column 1 of an item in the following table is determined to be a certifying entity.\n\n| Item
No. | Column 1
Name of entity | Column 2
Type of entity | Column 3
ABN |\n| --- | --- | --- | --- |\n| 1 | The Office of the Fair Work Ombudsman | government | 43 884 188 232 |\n| 2 | Australian Rail, Tram and Bus Industry Union (ARTBIU) | body | 28 921 128 419 |\n| 3 | Australian Workers’ Union | body | 28 853 022 982 |\n| 4 | Australasian Meat Industry Employees' Union | body | 12 206 758 691 |\n| 5 | Electrical Trades Union of Australia National Council | body | 60 429 406 804 |\n| 6 | Human Rights Law Centre | body | 31 117 719 267 |\n| 7 | Migrant Workers Centre | body | 75 362 088 900 |\n| 8 | Redfern Legal Centre Ltd | body | 31 001 442 039 |\n| 9 | SA Unions | body | 49 207 741 085 |\n| 10 | Shop, Distributive and Allied Employees' Association (the Association) | body | 99 789 302 470 |\n| 11 | Unions Tasmania | body | 55 482 384 108 |\n| 12 | The Association of Professional Engineers, Scientists and Managers | body | 99 589 872 974 |\n| 13 | UnionsACT | body | 31 724 041 495 |\n| 14 | Transport Workers' Union of Australia | body | 18 559 030 246 |\n| 15 | Unions NSW | body | 43 132 138 531 |\n| 16 | UnionsWA | body | 64 950 883 305 |\n| 17 | United Workers Union (UWU) | body | 52 728 088 684 |\n| 18 | Western Community Legal Centre Ltd (Westjustice) | body | 72 604 181 071 |\n\n\n6 Matters relating to workplace exploitation\n\n For the purposes of regulations 2.43A and 2.43B and under subregulation 1.15R(2) of the Regulations, each of the following matters is determined to be a workplace exploitation matter:\n\n (a) underpayment or non-payment of wages or other workplace entitlements;\n\n (b) unlawful, unpaid or underpaid training or trials;\n\n (c) up-front payment or deposit for a job;\n\n (d) misclassification of workers as independent contractors instead of employees;\n\n (e) unlawful deductions from wages;\n\n (f) unfair dismissal;\n\n (g) non-compliance with workplace health and safety requirements;\n\n (h) bullying, in relation to work or an arrangement in relation to work;\n\n (i) sexual harassment, in relation to work or an arrangement in relation to work;\n\n (j) discrimination, in relation to work or an arrangement in relation to work;\n\n (k) coercion, undue influence or pressure, or misrepresentation, in relation to work or an arrangement in relation to work.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument operates exactly as intended — it is a straightforward designation instrument made under specific regulation-making powers (subregulations 1.15R(1) and (2)) to name certifying entities and define workplace exploitation matters. It does not expand beyond this limited administrative purpose."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Minimal defined terms (only 2 specific definitions in section 4, plus references to existing definitions in parent legislation)","Simple tabular structure for listing entities with no conditional logic","No cross-references beyond basic authority citations and references to parent Act/Regulations","Straightforward list format for workplace exploitation matters in section 6 with no nested conditions or exceptions","Operates as a simple 'designation' instrument — naming specific organisations and listing specific matters without regulatory machinery"],"plain_english_summary":"This instrument protects migrant workers who report workplace exploitation by designating 18 trusted organisations (unions, legal centres, the Fair Work Ombudsman, etc.) as certifying entities that can vouch for their reports. It also sets out specific forms of exploitation—like wage theft, sham contracting, unsafe conditions, coercion, and harassment—so workers on temporary visas can safely come forward without fear of visa cancellation or other immigration consequences."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not state it expands or reduces the statutory scope; it exercises delegated power to designate specific certifying entities and to list workplace-exploitation matters for application of regulations 2.43A and 2.43B. Any change in practical scope depends on how the designated entities and listed matters interact with the pre-existing regulatory definitions and processes (see ss.3–6)."},"complexity_factors":["Cross-references to other statutory instruments and provisions (Migration Regulations regs 2.43A and 2.43B; subregulation 1.15R) create dependence on external texts for full effect (see s.3, s.5, s.6).","Relies on definitions contained in the Migration Act 1958 and the Migration Regulations 1994 (eg. 'arrangement in relation to work', 'government entity'), increasing interpretive work (see s.4).","Enumerated list of 18 named entities with ABNs must be matched to organisational structures and mandates in practice (see s.5 table).","Broad, partly open-ended categories of exploitation (bullying, coercion, misrepresentation, discrimination, sexual harassment) require fact-specific interpretation when applying protections (see s.6).","Made as a ministerial determination (instrument dated and signed by the Minister), so implementation depends on administrative processes and the operation of the nominated regulations (see preamble and s.3).","Immediate commencement provision (day after registration) compresses administrative lead time for affected entities to adjust (see s.2)."],"plain_english_summary":"This instrument formally names a set of unions, community legal centres and the Fair Work Ombudsman as authorised \"certifying entities\" under the Migration Regulations and specifies which workplace issues count as \"workplace exploitation\" for reporting-protection purposes. It affects migrant workers who seek reporting protections and the listed organisations that can certify reports. It matters because certification by those named entities is the procedural trigger for the protections and processes tied to the referenced migration regulations."}},"importantCases":[],"_links":{"self":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024","history":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024/history","analysis":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024/analysis","conflicts":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024/conflicts","importantCases":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024/important-cases","documents":"/api/acts/migration-strengthening-reporting-protections-lin-24-057-instrument-2024/documents"}}