Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Australia

Forced Labour Convention, 1930 (No. 29) (Ratification: 1932)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2022)

The Committee notes the Government’s first report under the Protocol of 2014 to the Forced Labour Convention and the detailed information it contains, including the Government’s replies to previous comments made by the Committee.

Articles 1(1), 2(1) and 2(2) (c) of the Convention. Prison labour. In reply to the Committee’s request for information on existing regulations concerning the work of prisoners in prison industries, including commercial and service industries, the Committee notes the Government’s indication, in its report, that no prisons in Queensland are under private administration, and that all prison industries operate under the direct supervision of Queensland’s Corrective Services (QCS) staff. In relation to the application of section 66 of the Corrective Services Act, which enables the Chief Executive Officer to transfer a prisoner from a corrective service facility to a work camp to perform community services, the Government indicates that, in practice, only prisoners that consent to transfer to a work camp are considered eligible to go. It adds that the granting of a work order is in response to employment applications made by the prisoner and that the conditions of work are set out on an approved form signed by both the Chief Executive Officer and the prisoner. It stresses that prison industries include only voluntary activities and prisoners participating in such activities receive remuneration and are protected by health and safety requirements. The Committee further takes note of the QCS Custodial Operations Practice Directives on Prisoner Employment which provides that corrective services officers shall act or make decisions in a way that is compatible with human rights, including humane treatment when deprived of liberty, the right to education and freedom from forced work. It also provides that the employment process begins at a point appropriate for the prisoner, such as when the prisoner has demonstrated motivation to engage in employment. While taking due note of the measures taken by the Government to ensure that, in Queensland, the work performed by prisoners remains under the supervision and control of the public authority, the Committee requests the Government to clarify if prisoners provide services for private entities through public programmes.

In relation to South Australia, the Committee notes that the Government indicates that no person under the custody or supervision of the Department of Correctional Service (DCS) is forced to undertake work and that prisoners nominate themselves to be a worker either verbally or in writing. The Government adds that all prisoners are paid for their work and that, as of 2023, 75 per cent of eligible prisoners were employed. In relation to section 29 of the Correctional Services Act 1982, according to which prisoners are required to work as the Chief Executive directs, the Government indicates that this provision has the purpose of enabling the Chief Executive to provide a direction in relation to work, but clarifies that this is not exercised in relation to all prisoners. The Committee recalls that in South Australia, there is one correctional service that is privately operated. Therefore, the Committee once again requests the Government to take measures to ensure that section 29 of the Correctional Services Act 1982 is aligned with both the requirement of the Convention according to which prisoners are not obliged to work for the benefit of private undertakings without their free, informed and written consent, and the indicated practice.

Following previous comments in which the Committee requested the Government to ensure that, in Victoria, no prisoner in privately operated prisons are compelled to work, the Committee notes with satisfaction that section 3.1.3 of the Commissioner’s Requirements on Prisoner Employment (2022), provides that prisoners must not be directed to work in a private prison (in any role) or in commercial prison industry where the work is performed under contract with, or for sale to, private companies in a public prison. This is reiterated by the Deputy Commissioner’s Instruction 3.03 Prisoners Industries, which states that prisoners cannot be issued with a charge for a prison offence for failing to obey a lawful direction to work in a commercial prison where the work is performed under contract with, or for sale to, private companies.

With respect to Western Australia, the Committee recalls that, according to section 95(4) of the Prisons Act 1981 and Regulation 43 of the Prison Regulations, a prisoner who is medically fit may be required to work. It also recalls that, in practice, prisoners are not forced to participate in work programmes, even in privately operated prisons. The Committee takes notes of the Government’s indication that there has not been a change to the law and practice. The Committee once again requests the Government to review section 95(4) of the Prisons Act 1981, andRegulation 43 of the Prisons Regulations, in order to align with the requirements of the Convention and the indicated practice.

Finally, with regard to Tasmania, the Committee recalls that, according to section 33 of the Corrections Act 1997, a prisoner may be directed to work within or outside the prison premises; and that refusal to comply with such direction is considered a prison offence (Schedule 1 (Part 2.26) of the Act). It also recalled that, in practice, prisoners work for private enterprises on a voluntary basis and that there is no penalty for non-participation. The Committee notes the Government’s indication that there have been no changes to the Corrections Act. The Committee once again requests the Government to take the necessary steps to review section 33 of the Corrections Act to align it with the requirements of the Convention and the indicated practice in Tasmania.

Article 1(1) of the Convention and Article 2 of the Protocol. Preventive measures. Clauses (c) and (d). Protecting migrant workers from abusive and fraudulent practices and strengthening of labour inspection services. Temporary migrant workers. The Committee notes the detailed information provided by the Government on the measures taken to protect migrant workers from abusive labour practices, which aim to implement the recommendations issued by the Migrant Workers Taskforce in 2019. In this regard, it welcomes the adoption of the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023, which reinforces the protection of migrant workers against forced labour by establishing that they are entitled to protection under the Fair Work Act, regardless of their migration status. It also notes that the Migration Amendment (Strengthening Employer Compliance) Act 2024 introduced a new criminal offence of coercing or exerting influence or undue pressure on a non-citizen who does not hold a valid visa, to work, to accept or agree to an arrangement in relation to work (section 245AAB of the Migrant Act 1958). It further notes that the Fair Work Legislation (Closing Loopholes) Act 2023 provides for the offence of intentional wage theft with penalties including up to 10 years’ imprisonment. In this regard, the Government indicates that the Department of Employment and Workplace Relations (DEWR) has conducted a review into existing procedures available to migrant workers for wage redress to make them more effective and expeditious. The Committee notes that, with a view to improving the transparency and integrity of the labour hire industry and protecting workers from exploitation, the Government agreed to explore a harmonized approach to labour hire licensing, encompassing consistent state and territory labour hire licensing laws across Australia as well as a national regulator. This harmonized approach was reflected in a model approved in December 2023 by the Workplace Relations Ministers’ Council. The Committee further notes the creation of the Migrant Worker Interagency Group which provides a broader forum to discuss migrant worker exploitation issues across Government departments.

The Government indicates that, in 2022 and 2023, the Attorney General’s Department, in cooperation with the Australian Federal Police (AFP) and civil society partners, delivered social media campaigns to raise awareness of situations of deceptive recruitment through online platforms. It also indicates that the Fair Work Ombudsman (FWO) provides advice on workplace laws to vulnerable workers, in different languages and through various channels. In addition, FWO has delivered dedicated training on forced labour to fair work inspectors, published dedicated website content on prohibited job ads, and developed a checklist to ensure migrant workers are familiar with their rights and obligations before starting employment in Australia. The Committee also notes that the FWO implements a Fast Food, Restaurant, and Café (FRAC) Strategy to address the prominence of vulnerable workers in this sector, in which a high proportion of young migrant workers are employed.

In relation to previous comments made by the Committee concerning the situation of migrant workers under the Pacific Australia Labour Mobility (PALM) Scheme, the Committee notes the Government’s statement that the well-being of PALM scheme workers is of central importance to Australia. The Government stresses that current PALM scheme settings focus on improving PALM worker experiences and addressing risks of exploitation, including by: (i) strengthening minimum hour requirements; (ii) providing workers with pre-departure training about living and working conditions in Australia and how to access support; (iii) increasing transparency for deductions (accommodation and transport costs); (iv) ensuring a weekly minimum take-home pay; (v) establishing a requirement for employers to have a welfare and well-being support person, as well as a welfare and well-being plan for all workers; and (vi) creating a government funded community connections programme. The Government adds that the PALM programme delivery is underpinned by an assurance framework that includes a range of controls and actions to manage and monitor approved employer compliance with PALM scheme settings. Furthermore, it indicates that, in July 2024, the Department of Home Affairs put in place the Strengthening Reporting Protections pilot (SRP), in replacement of the Assurance Protocol, to encourage migrant workers to report workplace exploitation. Under the SRP, a temporary migrant worker, who has reported a situation of labour exploitation to the FWO or an accredited third party, can apply for a temporary activity visa for a minimum of six months to pursue legal action against the employer.

The Committee notes that, in October 2025, the Australian Anti-Slavery Commissioner expressed serious concern about the Government’s decision to withdraw its commitment to guarantee a minimum of 30 paid hours per week for PALM scheme workers, as , in his view, this may place financial strain on workers, which can greatly increase their exposure to risks of exploitation or modern slavery (Australian Anti-Slavery Commissioner, press release 27 October 2025). The Committee also observes that, in his 2025 report on his visit to Australia, the United Nations Special Rapporteur on Contemporary Forms of Slavery, including its Causes and Consequences, expresses serious concerns about the treatment of temporary migrant workers in Australia, particularly under the PALM Scheme, in high-risk sectors such as agriculture, horticulture, food processing, care and domestic work and security. Specifically, the UN Special Rapporteur refers to information from migrant workers concerning exploitative practices such as unilateral changes to contracts, excessive deductions, unreasonable production targets, hazardous working conditions, harassment, threats and violence, as well as dismissal due to pregnancy (A/HRC/60/28/Add.1). The Committee notes with concern that, according to this information, temporary migrant workers under the PALM scheme continue facing serious risks of becoming victims of forced labour.

While recognizing the continued efforts of the Government to strengthen the legal protection of migrant workers against abusive and fraudulent labour practices, the Committee requests the Government to continue taking measures to ensure that the PALM scheme is effectively implemented to comply with fair work legislation, including by reinforcing inspections and investigations by the Fair Work Ombudsman in high-risk sectors of labour exploitation. In this regard, it requests the Government to provide information on the number of investigations conducted by fair work inspectors relating to situations of labour exploitation involving temporary migrant workers under the PALM Scheme. It also requests the Government to continue providing information on the activities of the Migrant Worker Interagency Group to address persisting challenges in relation to the protection of temporary migrant workers.

The Committee is raising other matters in a request addressed directly to the Government.