NSW’s 2026 Migrant Worker Inquiry: What Growers Should Prepare For—and What Is Not Law
• Hari Yellina
Information checked 15 September 2026. Australian general information; individual circumstances and the current official requirements still need to be checked.
The NSW parliamentary inquiry into temporary migrant workers produced 31 recommendations in August 2026. The report itself did not create a labour-hire licensing scheme, change federal visa conditions or establish a PALM amnesty.
The NSW Parliament inquiry page records that the report was tabled on 6 August 2026 and the government response is due on 6 November 2026. No response was listed when checked on 15 September. Growers should distinguish recommendations to monitor from duties they already need to meet.
Current requirement, recommendation or future action?
| Issue | Status of the source | Practical response |
|---|---|---|
| Safety of labour-hire workers | Existing responsibilities: SafeWork NSW identifies obligations for both the labour-hire agency and the host. | Confirm site risks, induction, training, supervision and communication now. |
| NSW labour-hire licensing | The committee recommends a NSW scheme based on the Victorian approach and compatible with future national arrangements. | Monitor the government response and any legislation; do not treat the report as a licence or a commencement notice. |
| PALM worker mobility | The report recommends changes to mobility settings. | Continue checking the current scheme and individual visa requirements rather than assuming transfers have become unrestricted. |
| Working Holiday Maker specified work | The committee recommends review of relevant settings. | Check current Home Affairs requirements for the individual’s visa and proposed work. |
| Amnesty for disengaged PALM workers | The report recommends an amnesty with options to rejoin the scheme or voluntarily return home. | Do not promise an existing amnesty on the strength of this recommendation. Direct individuals to current official information and independent advice. |
| WHS inspections and modern slavery | The committee recommends changes concerning inspectors’ functions. | Maintain present safety and welfare controls; distinguish proposed powers from powers already in force. |
The committee report’s recommendations section is the source for the proposals above. The NSW Anti-slavery Commissioner has also published a discussion paper containing a draft Labour Hire Licensing Bill 2026. A discussion draft is another contribution to policy development; it is not evidence of enactment.
Procurement questions that are useful now
The inquiry is a reason to examine the practical arrangements behind a labour quote. The following is a proposed purchasing checklist, not a newly prescribed government form.
- Identify the real employer. Record the legal entity employing and paying the workers, the contracting supplier and any other business involved in supplying the crew.
- Trace subcontracting. Ask whether another provider can be introduced, who approves that change and how the farm receives the new employer and worker information.
- Check the assignment. Confirm actual duties, site, hours, supervision and how the supplier verifies that workers can perform the proposed work.
- Understand the housing arrangement. Identify who controls the property, transport and deductions, and where responsibility sits for a reported problem.
- Make complaints usable. Workers should know whom to contact at the employer and host, and how to obtain independent assistance without routing every concern through a supervisor.
- Check follow-through. A completed questionnaire should lead to an owner and completion date for each unresolved issue. Retain evidence that the answer matches the actual site arrangement.
Shared safety work cannot wait for policy changes
SafeWork NSW’s labour-hire guidance explains that the agency must ensure workers’ health and safety and that the host must ensure workers on site are not exposed to risks. It recommends cooperation on risk management, induction, training and continuing communication.
Hypothetical example: a packing shed changes a worker’s task from sorting fruit to operating powered equipment. The useful action is to verify task-specific competence, instruction and risk controls, and communicate the change to the employer. Waiting for a licensing proposal to progress would not address the immediate safety question.
What to monitor after this briefing
Check the government response when available, any introduced legislation and its final commencement provisions, and separate federal announcements for migration or PALM changes. Record the source and effective date before changing a procedure. A recommendation, government announcement, passed law and commenced requirement are different stages.
For present-day site preparation, use Orchard Tech’s farm induction checklist. This briefing should support measured checks, without assuming misconduct by a particular grower or supplier.
Sources and review date
Checked 15 September 2026.
- NSW Parliament: Inquiry status, report tabled 6 August 2026 and response due 6 November 2026
- NSW Modern Slavery Committee, Report 4: recommendations 1–6 and complete recommendations list
- NSW Anti-slavery Commissioner: Discussion Paper 006, draft Labour Hire Licensing Bill 2026
- SafeWork NSW: Labour hire agencies, existing health and safety responsibilities
Feature image: AI-generated illustration with fictional people and setting.
About the author
Hari Yellina is Chief Executive Officer at Orchard Tech. His articles explain practical agricultural workforce and workplace questions. Explore the Knowledge Centre.
