Know Your Rights!
Your rights when the Australian Border Force (ABF) comes to your workplace.
The following is general information only – it is not legal advice.
Why is Australian Border Force raiding sex work premises?
In 2022, the media reported that some people had been trafficked into Australia and were being forced to work in the sex industry. In response, the Department of Home Affairs (Immigration) and Australian Border Force (ABF) started a project called Operation Inglenook to target exploitation and human trafficking.
But instead of targeting traffickers, ABF and Immigration targeted migrant sex workers themselves, by raiding sex work venues to check visas. Over the two years of Operation Inglenook, ABF went to sex work venues 180 times. Now Operation Inglenook is finished, but the raids are still happening. In 2025-26, ABF went to sex worker workplaces over 100 times.
Because of the raids, some migrant workers have had their visas cancelled, been taken into immigration detention, or been deported from Australia. This is not the way to help anyone being exploited at work – instead it makes workers afraid of authorities. This makes it even harder for people to ask for help if they do need it.
Targeting migrant sex workers in this way is discriminatory and harmful. Most workers have made their own choice to do sex work and are not being exploited. This is why everyone should know their rights when talking to ABF.
What happens during a raid?
A group of ABF officers will go to a workplace without warning. They might come in the day or the night. They might have weapons. Sometimes other people might come too, like police officers or even journalists.
They will come inside the workplace and look around everywhere. They will come into private rooms and interrupt appointments. They will ask the workers questions and ask for their visa status.
What are they looking for?
ABF officers might be looking for:
people who are living in Australia without a visa;
people who are breaking the conditions of their visa (for example, by working if their visa doesn’t have work rights);
businesses that are employing people who do not have permission to work;
evidence of criminal activity like human trafficking or slavery.
Is ABF allowed to enter the workplace? Do they need a warrant?
ABF can only enter a workplace if they have either a warrant or your permission.
You should always ask to see the warrant, and ask for it to be interpreted to you, so you understand the reason for their visit and what the officers are allowed to do.
If they do not have a warrant, they can only come in if someone at the workplace agrees to let them in.
Your rights when ABF is at the door:
If ABF tries to come in, you are allowed to say no! You could say, ‘You do not have permission to come inside. Please leave now.’
You should ask to see their warrant. If they have one, they must show it to you. You could say, ‘Do you have a warrant? Please show it to me and get an interpreter to read this, so I can understand the reason for your visit and my rights.’
You can ask to see the officers’ identity cards (ID) before they come in.
If someone else agreed to let them in, you can withdraw that permission. If they do not have a warrant and you ask them to leave, then the officers must leave. You could say, ‘You no longer have our permission to be here. Please leave now.’
You can warn other workers or clients that ABF has arrived.
It is not illegal to leave before ABF comes in or asks any questions, but there is a risk ABF might try to stop you.
Even if ABF has a warrant, journalists or the media still need permission to come in, even if they work for the ABF. You can refuse to let the media in. You could say, ‘You do not have permission to enter this premises and you do not have anyone’s consent to film here. Please leave now. If you enter private areas you will be trespassing.’
ABF officers are required to minimise disruptions to the lives and privacy of other people who are not the target of the warrant. They should let you close the shop before starting a search.
Be aware:
If ABF has a warrant, they are allowed to use force to enter a workplace. For example, if they have a warrant and the door is locked, they might break the door.
Even if ABF are not allowed to come inside, they might wait around outside and check visas when people are leaving work. They are allowed to stay in a public place. Someone else from the workplace who is not worried about their visa could ask the ABF officers to move on. You could say, ‘You are making our workers and our clients feel unsafe. Please move away from this area.’
ABF officers who are not media or journalists might have cameras and might take photos of evidence.
How does ABF get a warrant?
A warrant is a formal legal paper that gives ABF permission to go inside a home or workplace.
There are different types of warrants for different purposes:
Warrants to look for people without visas or for people breaching visa conditions (“Section 251 warrant”)
ABF can get a warrant to look for people living in the community without a visa, or people on temporary visas (like tourist visas, student visas or bridging visas) who might be breaching their visa conditions. This is the most common type of warrant.
Officers are allowed to enter and search a workplace, but they do not have the power to question anyone, except to ask for evidence of identity or visa status. Officers might still try to question people, even though no one has to answer.
This type of warrant does not give ABF the power to take any documents or evidence away with them.
It is easy for ABF to get this type of warrant. It does not have to come from a court. These warrants can be issued by senior officers in the Department of Home Affairs.
This warrant allows ABF officers to enter a workplace at any time of day or night. It is ABF policy to give you a copy of the warrant.
Warrants to look for evidence of illegal employment practices (“Section 487ZC warrant”)
The ABF can get a section 487ZC warrant to look for evidence that a business is employing people who do not have permission on their visa to work. Employing someone who does not have permission to work is a criminal offence for the boss (but not for the worker). This type of warrant can only come from a court.
This warrant allows ABF officers to search the workplace for evidence, take photos and take items away with them. They can question workers about their work and their visa, and ask for documents. It is an offence to refuse to answer those questions or provide documents.
Usually, ABF officers must tell you that they have this warrant before they enter. They also have to show their identity card, and give you a copy of the warrant.
Warrants to look for evidence of other migration offences
Sometimes, ABF might have a warrant to look for evidence of other crimes under the Migration Act (like people smuggling or hiding someone who does not have a visa). This type of warrant has to come from a court.
This warrant allows ABF officers (or Australian Federal Police officers) to search a workplace for evidence of other migration offences, search the people who are present, and take evidence away with them.
Staying safe
Whether you have to answer ABF’s questions depends on the type of warrant they have. This is why it is important to ask to see their warrant and ask for it to be interpreted or read to you.
Always ask for an interpreter, and never answer any questions you don’t understand.
What can ABF officers do to me during a raid?
ABF officers are not police officers. They do not have the same powers as police.
Ask questions
ABF can ask for evidence of your identity (like your driver’s licence, student card or passport) and your visa status. It is a legal requirement to answer. If you don’t have your passport or visa details with you, you can ask to provide it later.
This does not mean you have to give them your address.
If they have a warrant to look for evidence of illegal employment (a “section 487ZC warrant”), they can also ask you questions about your work. It is an offence to refuse to answer.
If they have a “section 251 warrant”, you do not have to answer any questions other than your identity and visa status.
Detain
ABF will take anyone without a visa in to immigration detention. If this happens to you, contact a migration lawyer as soon as possible. ABF must allow you to contact a lawyer.
Search
If you are being taken in to immigration detention, an ABF officer may also search you, your clothes and your personal things. They must be considerate of your dignity during a search, and must not use unnecessary force.
If you are not being detained, ABF officers cannot physically search you, even if they have a warrant to search the workplace.
Visa cancellation
If ABF finds out you have breached a condition of your visa, Immigration might decide to cancel your visa. If this happens, you should contact a migration lawyer as soon as possible.
Usually, Immigration will send you a letter or email if they are considering cancelling your visa and give you a chance to respond. But in some cases, ABF officers might try to give you notice that your visa will be cancelled on the spot. If this happens, you may have a very short time to argue why your visa should not be cancelled. You should call a migration lawyer straight away.
Refer to police
ABF officers do not usually have the power to arrest someone for a criminal offence. Normally, this can only be done by a police officer. If the ABF thinks you have committed an offence, they may contact the police.
Remember – it is not a crime to be in Australia without a visa. It is not a crime to work without permission.
Your rights while ABF is searching the workplace:
ABF officers should treat you with dignity and respect.
ABF officers cannot use force against you unless you are being detained or you are stopping them from entering or searching when they have a warrant.
ABF officers cannot search your body or clothes unless you are being detained.
You do not have to answer any questions that are not relevant to the purpose of the warrant. For example, you do not have to tell them where you live.
You are allowed to get dressed if you are in the middle of an appointment.
If you have answered the necessary questions, you are allowed to leave. You could say, ‘I have shown you my visa. I am leaving now.’
You can insist on accessing an interpreter before answering any questions or signing any documents.
If you are detained, you have a right to call a lawyer.
If you think officers are doing something wrong, you can complain during the search. Officers must write down your complaints. For example, you might complain if officers hurt someone, cause damage to the workplace, didn’t use an interpreter or were rude or disrespectful to workers.
Be aware
ABF officers are allowed to use force to search the workplace. For example, if a door or cupboard is locked, they might break it.
It is a legal requirement to show ID or your visa status if ABF asks for it. If you refuse, they might suspect that you do not have a visa. If they think you do not have a visa, they can take you into immigration detention.
If you leave suddenly, ABF might think that you do not have a visa, and may try to detain you.
If ABF have a warrant to look for evidence of unlawful employment, they can question you to find out if you are working there. It is an offence to refuse to answer.
Staying safe
Do not sign any documents unless they have been interpreted to you and you have received legal advice.
Do not answer any questions that you don’t understand. Ask for an interpreter.
Keep the phone numbers for lawyers and other support services easily accessible in the workplace.
Will I get in trouble for working?
Sex work is legal for adults in Victoria.
You might have problems with ABF or Immigration if:
you do not have any valid visa at all; or
your visa does not give you permission to work (like a visitor visa or some bridging visas) but you are working; or
your visa only allows you to work a certain number of hours per week (like a student visa), but you are working more than that.
If you are not working and not getting paid, but you are staying at the workplace to sleep or help a friend, this is not a breach of your visa conditions.
If you do not have any valid visa at all, ABF will take you into immigration detention whether you are working or not. If you are detained, you should call a migration lawyer immediately.
Working in breach of your visa conditions is not a crime. If you are working in breach of your visa conditions, Immigration might consider cancelling your visa. Visa cancellation does not happen automatically. You will be given notice and a chance to argue why your visa should not be cancelled.
You will be given a ‘Notice of Intention to Consider Cancellation’ (NOICC). The NOICC may be given to you in person (by an ABF officer during a raid or if you go to the office of the Department of Home Affairs) or in writing (by post or email).
If a NOICC is given to you in person, then you will have a very limited time (perhaps less than an hour) to provide reasons why your visa should not be cancelled. You should contact a migration lawyer immediately if you are asked to come to an interview at the Department of Home Affairs offices, or if an ABF officer hands you a Notice during a raid.
The usual way for notice to be given is in writing by post or email. If the NOICC comes to you by post, you will have 12 working days to respond to it. If it comes to you by email, you will only have five working days to respond. If you receive a NOICC you should contact a migration lawyer immediately to assist you to respond.
Your rights while working on a visa
If your visa allows you to work in Australia, then you are allowed to work in the sex industry like anyone else.
You have the right to have a qualified interpreter for any interviews about possible visa cancellation.
Some workers who have experienced workplace exploitation might be protected against visa cancellation, even if they have breached a condition of their visa. Contact a migration lawyer to find out more about this.
Staying safe
It’s a good idea to always know your visa status and the conditions of your visa. You can check this by reading the visa grant notice sent to you by the Department of Home Affairs, or by creating an ImmiAccount and checking your visa status online using your passport details.
It’s also a good idea to keep your email address up to date with Immigration, so you don’t miss any important letters. Otherwise you might miss the chance to argue why your visa should not be cancelled.
If you receive notice that your visa might be cancelled, or if you are taken into immigration detention, contact a migration lawyer immediately.
What if I am being detained?
An ABF officer will tell you if you are being detained. You will be detained if ABF knows or suspects that you do not have any visa. You might also be detained if an ABF officer believes your visa could be cancelled, and the officer thinks you might try to avoid detention in future.
If you are detained, an officer must give you a document called a ‘Very Important Notice’. It explains your right to apply for any other visa for which you are eligible, within two days of being detained. The Notice should also include information about your right to contact a lawyer. You should call a lawyer as soon as possible. The Notice should be given to you in your language, or read to you by an interpreter.
If you are taken into immigration detention, you may be searched. Some of your possessions and valuables may be taken and stored on your behalf.
Ordinarily, you are allowed to take a mobile phone into detention with you. But in some circumstances your phone or laptop may be taken away. If this happens, detention officers must give you access to a different method of communication, like a landline phone. You should write down important phone numbers on paper, like phone numbers for family, friends or lawyers.
What happens after a raid?
Dealing with ABF can be really stressful. After ABF leaves the workplace, take a minute to look after yourself and check everyone is OK.
Call Vixen or your local peer support organisation and let them know about what has happened. You can get free legal advice: https://scarletalliance.org.au/about/member-orgs/
If you are worried about your visa, keep an eye out for emails or letters from Immigration over the next few weeks. Make sure Immigration has your current email address. If you receive any letters, contact a migration lawyer for help. If you are invited to attend an interview about your visa, contact a migration lawyer before you attend.
What if ABF stops me on the street?
ABF does not have the right to stop you on the street for no reason.
ABF can only stop someone if they have a reasonable suspicion that the person does not have a visa. Racial or cultural background, or being a sex worker, is not a good enough reason.
If they think you do not have a visa, ABF can ask for your name and proof of your visa or citizenship. If you refuse to answer, there is a risk you could be taken to immigration detention.
You can ask to provide evidence later, if you do not have your identification, passport or visa with you right away.
You do not have to answer any other question from ABF. You can walk away. You do not have to tell them your address. You do not have to help them find anyone else.
What if I have a bad boss and I need help?
If you are not being treated fairly at work, help and support is available. Contact Scarlet Alliance on (02) 9517 2855, Vixen on (03) 9070 9050, or your local peer support organisation: https://scarletalliance.org.au/about/member-orgs/
You can read more about support for sex workers experiencing exploitation here: https://scarletalliance.org.au/resources/workplace-exploitation/
How can I contact a migration lawyer?
Vixen or your local peer support organisation can help you find a migration lawyer if you are detained or have trouble with your visa.
Otherwise you can contact any of these services directly:
Victoria
New South Wales