The short answer is yes. In fact, under the latest Migration Amendment (Combatting Migrant Exploitation) Act 2026, the penalties for employers who push or allow students to overwork have never been higher.

While the visa holder faces the risk of cancellation, the employer now faces massive fines, criminal charges, and public “naming and shaming.”

1. The 2026 Penalty Framework

The Australian Government has shifted the “burden of compliance” onto businesses. If an employer allows a student to work more than 48 hours per fortnight, they can be hit with:

• Civil Penalties: Fines for companies can exceed $187,000 per breach (adjusted for 2026 indexation). Even for small businesses or individuals, fines often exceed $35,000.
• Criminal Charges: If an employer knowingly or recklessly employs a person in breach of their visa conditions, they can face jail time (up to 10 years in severe cases of exploitation).
• Infringement Notices: For minor or first-time technical errors, the Australian Border Force (ABF) can issue on-the-spot fines of several thousand dollars without going to court.

2. The “Prohibited Employer” Register

As of 2026, the most feared penalty is not the fine, but the Prohibited Employer Register.

• The “Naming & Shaming”: If a company is found to have repeatedly or seriously allowed visa breaches, their name, ABN, and location are published on a public government website.
• The Hiring Ban: Once on this list, the employer is banned from hiring any additional temporary visa holders (Student, 482, 485, etc.) for a period of 5 to 10 years. For many Australian businesses in hospitality or retail, this is a “business death sentence.”

3. The “Assurance Protocol” Protection

There is a common fear that reporting an employer for “giving too many hours” will result in the student losing their visa. In 2026, the Assurance Protocol provides a safety net:

• The Rule: If you report an employer for pressuring you to work extra hours, the Department of Home Affairs generally will not cancel your visa, provided you have not committed other serious crimes.
• Employer Coercion: If your boss says, “Work these extra 10 hours or I’ll report you to Immigration,” they are the ones committing a serious crime under the 2026 Exploitation Act. You are protected; they are not.

4. Employer Responsibilities in 2026