What certification do you need to prove a workplace exploitation claim for Australia's 408 visa in 2026?

For the Workplace Justice Pilot stream of the Temporary Activity visa (subclass 408), the evidence you need is a certification of your workplace exploitation claim issued by a participating government agency or an accredited third party, and you must attach it when you lodge. The Australian Department of Home Affairs states this on its official page for Australian Government Endorsed Events (Workplace Justice Pilot), as of the July 2026 version of that page; the separate question of who is on that list is governed by legislative instrument F2024L00918 on the Federal Register of Legislation. What follows is general information about how that requirement fits into the rest of the application — not individual advice about a particular claim, and no substitute for the official text or for professional guidance on your own circumstances.

Where does the certification come from, and who is allowed to issue it?

The Department's step-by-step process puts the certification at the front of the application, not at the end. Before you apply, your workplace exploitation must be reported to a participating government agency or an accredited third party, which is the body that helps resolve the claim and certifies it.

Two sources do different jobs here, and mixing them up is a common source of confusion:

The subclass 408 Workplace Justice Pilot page states the rule: certification must come from a participating government agency or an accredited third party.
Legislative instrument F2024L00918 is the instrument the Department points to for "Who can certify your claim" — it is where the eligible agencies and accredited third parties are actually specified.

The visa page itself does not set out that list, so the instrument is the authority you need to read if you want to know whether a particular body qualifies. What the visa page does make explicit is the boundary: certification is not something you self-declare, and it is not something an adviser, employer, or community organisation can improvise on your behalf.

Do you have to attach the certification when you lodge, or can it follow later?

You must attach it when you lodge. The Department's document step uses mandatory wording on this point, and the certification is treated as part of a complete application rather than as a follow-up item.

That matters because of what happens on the other side of lodgement. The Department says it cannot give updates on applications within the standard processing time, and it may simply ask you for more information rather than flag the gap early. If a document was not attached at lodgement, the guidance is to attach it as soon as possible in ImmiAccount. In practice, a certification attached late is still better than none — but it is not a substitute for lodging complete.

What else do you have to prove alongside the certification?

The certification establishes the exploitation claim. It does not, on its own, make you eligible. The official page sets out a cluster of conditions that sit around it:

Where you are when you apply: you must be in Australia, but not in immigration clearance.
Your visa position: you hold a temporary substantive visa with work rights with no more than 28 days remaining, or you held such a visa that ceased within the last 28 days.
Health insurance: you must maintain adequate health insurance during your stay; this is a continuing condition, not just a lodgement item.
Your purpose: you must remain temporarily in Australia to pursue your workplace exploitation claim.
Family members: members of the family unit who are in Australia must be included in your application.
Financial position: evidence of current or upcoming employment (such as a contract or job offer), or other evidence of your financial position; bank statements, allowances and accommodation can also be considered.
Identity and character: passport pages showing photo, personal details and issue/expiry dates, plus any change-of-name evidence; police certificates only if and when the Department asks.
Accurate information: the application rests on providing accurate information, including about your identity.

Each family member included must have their own documents attached, and any fee that is required paid, as part of their own application.

How long does the visa let you stay?

The Workplace Justice Pilot stream provides 6 months, or up to 12 months depending on your circumstances. That period is tied to the purpose stated above: you are in Australia to pursue the claim, and the temporary-stay intention is itself part of what your application has to show.

While the application is being processed, remaining lawful is your own responsibility. If you were in Australia when you applied, you may be granted a Bridging visa A if you held a substantive visa at that point, or a Bridging visa C if you did not; either starts when your current visa expires. Neither lets you re-enter Australia if you leave, because both cease when you leave Australia — so if you plan to travel while your application is being processed, you might need to apply for and be granted a Bridging visa B (BVB) before you leave.

Who is allowed to help, and what can they legitimately do?

Only some people can lawfully give immigration assistance. Under the Department's rules, a person appointed to give you immigration assistance must be a registered migration agent, a legal practitioner, or an exempt person. Anyone can be appointed to receive documents on your behalf.

That distinction is worth holding onto when you are dealing with an exploitation matter, because the two roles are regularly sold as one:

Role	Who can do it	What it covers
Immigration assistance	Registered migration agent, legal practitioner, or exempt person	Preparing and presenting the visa case, including submissions on evidence
Receiving correspondence	Anyone you appoint	Getting documents and correspondence on your behalf

An agent or lawyer can help you organise supporting evidence, present the certification in context, keep the record accurate, and deal with procedural fairness if the Department raises concerns — including notifying a mistake through the correct form, or attaching further material after lodgement. What no one can do is issue the certification, or guarantee a grant: the decision rests on the evidence and the criteria, and the Department notes that the application fee is not refunded if an application is refused.

What happens after you lodge?

You apply online through ImmiAccount, and the Department will let you know when it has received the application. From there, expect possible requests rather than a running commentary: health examinations and biometrics if they are needed, further information if something is unclear, and a written decision at the end.

If your circumstances change and you no longer need the visa, you are expected to withdraw — otherwise the visa may be granted, and any other substantive visa you hold would cease at the moment of grant. If the application is refused, the decision letter will state why and whether you have a right to review.

Frequently Asked Questions

Who is allowed to certify a workplace exploitation claim?

Certification must be given by a participating government agency or an accredited third party. The Department of Home Affairs states the rule on its subclass 408 Workplace Justice Pilot page, and points to legislative instrument F2024L00918 for the list of bodies that can certify.

Can a registered migration agent or lawyer issue the certification?

No. A registered migration agent, legal practitioner or exempt person can give immigration assistance on your application, but the certification itself has to come from a participating government agency or an accredited third party. The two roles are separate by design.

Is the certification optional if my claim is already being pursued?

No. The Department's document requirements use mandatory wording: you must have the certification and you must attach it when you lodge. Reporting the exploitation to the agency or third party is part of the process precisely because that body is the one that certifies the claim.

What if my substantive visa has already expired?

You may still be within the stream if you held a temporary substantive visa with work rights that ceased within the last 28 days. The same 28-day window applies at the other end: you can also apply while holding such a visa with no more than 28 days remaining.

Do family members have to be included in the application?

Members of the family unit who are in Australia must be included in your application. Each family member must have their own documents attached and any required fee paid, and family members added later may attract a subsequent temporary application charge.

How long can I stay on this visa?

The Workplace Justice Pilot stream allows 6 months, or up to 12 months depending on your circumstances. Staying lawful in the meantime is your responsibility, and bridging visas may apply while the application is processed.

Is the application fee refunded if the visa is refused?

No. The Department states that it will not refund the application fee if an application is refused. The decision letter will explain the refusal and whether you have a right to review.