A draft report of the Review of the Closing Loopholes Acts has been published and is open for stakeholder comment. Stakeholders are invited to comment by 29 May 2026 at the department’s Consultation Hub.
The independent reviewer, Ms Susan Booth, has released a statement about the draft report:
Today I release the draft report of the Closing Loopholes Review (Review). The Review is being undertaken to assess how the Closing Loopholes reforms are operating in practice and whether they are meeting their intended objectives. The Review also includes consideration of the effectiveness of the paid family and domestic violence leave entitlement.
The Review’s preliminary findings are that many of the Closing Loopholes amendments enhance the rights of Australian workers and appear to be operating as intended.
While a full assessment of the effectiveness of some of the amendments is not yet possible, as many have only been in effect for a short time, their longer-term impact will become clearer over time. Many submissions to the Review shared this view.
Some Closing Loopholes amendments shift and increase workplace obligations. For a number of individual measures, this shift is deliberate and in line with the intention of the reforms. Some amendments increase complexity - they are not set and forget.
However, not all measures do increase complexity: the new wage theft and increase to civil penalties provisions do not change the underlying obligation to pay workers properly. However, there are now serious consequences attached to wage theft and underpayment.
The Review’s preliminary recommendations include the development of practical and tailored tools to help employers meet their obligations. This includes further guidance, checklists and tools (interactive and digital) and advice and support from the Fair Work Ombudsman and the Australian Small Business and Family Enterprise Ombudsman.
The paid family and domestic violence leave entitlement has been a positive change for victim-survivors, however it is not operating as effectively as it could. This is new legislation, generally welcomed by unions and employers, and is not yet well understood. While all workers could better understand the availability of these provisions, this is particularly so for vulnerable and hard to reach worker cohorts. Recommendations are made to systematically address the knowledge gap with this important legislation.
Background
Ms Booth is conducting a joint review of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, and the effectiveness of the paid family and domestic leave entitlement legislated in Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022.
Review of the Closing Loopholes Acts
With the release of the draft report on 18 May 2026, Ms Booth is calling for additional submissions and feedback on the draft report.
The Review seeks input from employers, employees, unions, industry bodies, community organisations and other interested stakeholders on the draft findings and proposed recommendations. Feedback received through this process will inform the final report.
A final report will be provided to the Minister by 15 June 2026.
How to provide a comment
Submissions on the draft report can be made through the Consultation Hub by 29 May 2026.
Contact information
For further information visit Review of the Closing Loopholes Acts or contact the review secretariat at ClosingLoopholesReview@dewr.gov.au.