The Department of Home Affairs continues to strictly enforce Condition 8105. A common misconception is that “unpaid” means “doesn’t count.” In reality, most unpaid internships are legally considered work and must be subtracted from your 48-hour fortnightly limit.

Failure to track these hours is a leading cause of accidental visa breaches in 2026.

1. The Golden Rule: Is it Mandatory?

The only unpaid internships that do not count toward your 48-hour limit are those classified as Vocational Placements.

• The “Zero-Hour” Exception: If the internship is a formal requirement of your course (clearly listed in your CRICOS-registered course structure or Handbook), it is not considered “work” for visa purposes. You can do these for 40+ hours a week without touching your 48-hour work budget.
• The “Optional” Trap: If you find an unpaid internship yourself to “gain experience,” but it is not a compulsory part of your degree, every hour you spend at that office counts toward your 48-hour cap.

2. 2026 “Work” Definition (Condition 8105)

In 2026, the Department defines “work” as any activity that normally attracts a wage.

• Remuneration vs. Labor: Even if you aren’t receiving a salary, if you are performing “productive work” (e.g., filing real client taxes, writing code for a product, or serving customers), the Department views this as work.
• Volunteering: Purely “altruistic” volunteering for a registered charity (like a soup kitchen) generally does not count. However, “volunteering” at a for-profit business is legally considered an unpaid internship and does count.

3. The Risk of “Sham” Unpaid Internships

As of April 2026, the Fair Work Ombudsman is cracking down on businesses using “unpaid interns” to avoid paying wages.

• If it’s productive, it must be paid: If you are doing work that a paid employee would usually do, the law says you must be paid.
• The Double Jeopardy: If you take an illegal unpaid internship at a tech firm, you are not only being underpaid (Fair Work breach) but you are also likely overworking your visa hours (Home Affairs breach).

4. 2026 Compliance Checklist