It is against the law to discriminate against a person because that person is or has been an immigrant. There are some limited exceptions.

Discrimination on the basis of immigrant status occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because of their immigrant status.

This does not mean that an employer has to employ someone who does not have a valid work visa. Australian organisations are only permitted to employ ‘legal workers’ who are entitled to work in Australia. Legal workers are Australian or New Zealand citizens, permanent residents and people in Australia with a valid visa that allows them to work.

The Department of Immigration and Border Protection can provide further information.