
The Migration Legislation defines work as "an activity that, in Australia, normally attracts remuneration"; this means that any activity that normally attracts payment, irrespective of whether you are paid or given some other kind of reward is deemed to be work.
As a general rule, only Australian citizens, Australian permanent residents - ie, migrants who are not yet Australian citizens - and New Zealand citizens who have entered Australia on a valid passport, have unrestricted rights to employment in Australia. Any other foreign national who wants to work in Australia must have a temporary visa that allows employment.
People working illegally may have their visas cancelled and be subject to immediate removal from Australia. They can also be precluded from coming back to Australia for periods of up to three years.
When you apply for a job, employers and labour suppliers will be asking you to prove that you have the right to work in Australia before they give you the job. Be prepared to show them your passport and your valid visa stating your work rights.
People who hold an Australian Temporary Resident visa may or may not have the right to work. For example people on Visitor visas are not entitled to work in Australia. An employer needs to check a visa holder's work rights to ensure that they employ people who have the right to work in Australia
.A Guide on Work Rights entitled 'Don't give a job to an illegal worker' is designed to help Australian employers check the work rights of people visiting Australia, and offers information about the issue of illegal workers in Australia.
If you want to come to Australia and work, it is important to obtain a visa that allows you the right to work. Visitor visas do not allow you to work. Those wanting to visit and work should consider the Working Holiday program, or another visa that allows work. Working without permission is an offence that attracts a fine of up to $10,000. It can also result in your visa being cancelled and your holiday cut short.
If you hold a visitor visa you DO NOT have permission to work in Australia. Penalties apply to holders of a visitor visa who do not abide by the 8101 'no work' condition, including cancellation of your visa and removal from Australia.
If you work without work rights you commit an offence against the Migration Act 1958. Your visa may be cancelled, you could be held in an Immigration Detention Centre until your departure and you could be fined up to $10,000.
As an overseas student in Australia, you should have enough money to support yourself and your family for the entire time that you are studying. You are not automatically given the right to work once you are in Australia.If you do need to get a job while studying, you will need to apply for and get a new student visa with permission to work attached as a condition of that visa.
Students and dependents can only apply for a visa with work rights after they arrive in Australia and the student has begun studying. There is an application charge for a student visa with permission to work.
If a student visa with work rights is granted, you will only be allowed to work for 20 hours a week while the course you are studying is in session unless that work is a registered component of the course. However, you can work for longer periods during your holidays.
Dependants of student visa holders may generally work up to 20 hours a week while in Australia.
The money you earn from working in Australia should only supplement your income and not be your only source of income.