The complexity of trafficking in persons makes it impossible to vest all relevant powers and responsibilities in a single government department. It necessitates the involvement of multiple agencies with different mandates across multiple government sectors. Accordingly, a myriad of government agencies are tasked with the implementation, execution, and administration of Australia’s policy on trafficking in persons. These agencies are, for the most part, federal government departments.
Australian Federal Police (AFP)
The AFP is Australia’s main body in investigating cases of human trafficking and other transnational sex offences. Within the AFP there are specialist task forces, including the Transnational Sexual Exploitation and Trafficking Team (TSETT) which is devoted to the task of investigating alleged instances of trafficking in persons and arresting offenders. Federal and state enforcement agencies also refer alleged cases of human trafficking to the AFP for assessment. Additionally, the AFP is actively involved in law enforcement cooperation in the Asia-Pacific region through the Law Enforcement Cooperation Program (LECP).
For general information visit www.afp.gov.au/international/human_trafficking.html.
Department of Immigration and Citizenship (DIAC)
DIAC works closely with the AFP, and the two departments have a combined task force on the issues of trafficking and smuggling of persons (the People Smuggling Strike Team). When DIAC identify a potential trafficking scenario, the matter is referred immediately to the AFP for further investigation. DIAC is also responsible for intelligence gathering and dissemination of data in relation to immigration patterns and offences, including trafficking. Additionally, DIAC works with the Australian Institute of Criminology (AIC), AusAID, the Australian Taxation Office (ATO), and the Australian Crime Commission (ACC) to help gather information on the problem of human trafficking in Australia and detect potential offenders.
For general information about DIAC visit www.diac.gov.au or www.immi.gov.au. Details of DIAC’s onshore detection of immigration offences, and the number of trafficking cases referred to the AFP are available at www.immi.gov.au/about/reports/annual/2007-08/html/outcome1/output1-4-1.htm .
The Department also has a number of Senior Migration Compliance Officers for Trafficking (SMCOT) who are placed at strategic overseas postings and monitor the visa system for potential trafficking indicators. DIAC’s SMOCT scheme is designed to detect potential cases of trafficking prior to the victims’ and perpetrators’ entry into Australia. This preventative system aims to ‘stop trafficking at its source’[1] and is seen as complementing the existence of protective visas for victims of trafficking. [2] SMOCT’s role of profiling trends for the incidence of trafficking is a central part of the whole-of-government response to people trafficking, as outlined in the Federal Government’s trafficking policy package in October 2003. [3]
The SMOCT’s role is entirely focused on trafficking, for both labour and sexual exploitation. [4] Its officers’ work includes ‘identifying possible indicators of people trafficking and referring cases to the AFP for assessment and possible investigation.’ [5] The positions are also designed to support the collaboration between DIAC and the Australian Crime Commission (ACC), in the latter’s special intelligence operation into people trafficking for sexual purposes. [6]
The SMOCT’s are responsible for the detection of people trafficking observable during the immigration process. This task is achieved by applying guidelines for possible trafficking scenarios to the visa caseload. SMOCTs analyse trends in visas, including ‘applicants travel patterns, use of migration agents, [and the] nature of the claims lodged in applications’. [7] These aspects are inspected in order to detect situations where visa fraud has occurred and there could be an instance of trafficking. Various profiling methods have also been developed to uncover this fraudulent behaviour, and the profiles are then included in the safeguards system used by immigration processing officers. [8] As well as these investigatory duties, the SMOCT’s role also includes liaising with local government and non-governmental organisations. [9]
The SMOCT established its main office in Bangkok, Thailand in 2003 and this branch is responsible for the coordination of immigration responses to people trafficking across Southeast Asia. [10] This office is also connected to the Immigration Department’s compliance network, which has 22 posts in 20 countries. [11] There are two additional SMOCT offices in Beijing (China) and Manila (Philippines) that commenced operation in January 2008. [12]
Commonwealth Director of Public Prosecutions (DPP (Cth))
The Office of the Commonwealth Director of Prosecutions is responsible for the prosecution of offences under Commonwealth laws. In that capacity, it undertakes the prosecution of trafficking offences (including sexual servitude and sexual slavery) once the alleged perpetrators have been identified by the AFP.
For general information visit www.cdpp.gov.au
Australian Crime Commission (ACC)
The ACC is an intelligence-gathering statutory body specifically created to prevent and suppress serious and organised crime, including trafficking in persons
For general information visit www.crimecommission.gov.au.
Australian Customs and Border Protection Service
The Australian Customs and Border Protection Service assists in the identification of potential trafficking cases and works closely with the AFP and DIAC in order to achieve this aim. The Passenger Analysis and Evaluation System (PAES) is maintained by Customs to monitor any movement of people who are possibly involved in human trafficking.
For general information visit www.customs.gov.au
Commonwealth Office for Women
The Office is a branch of the federal Department of Families, Housing, Community Services, and Indigenous Affairs. It funds and oversees the Victims of Trafficking Care Program (VotCare) which is administered by the training firm BSIL Southern Edge.
See further ‘Victim Support” at http://www.law.uq.edu.au/human-trafficking-victim-support.
For general information visit www.ofw.facsia.gov.au/international/combating_people_trafficking.htm. Details of the work done by BSIL Southern Edge in the VotCare Program are available at www.southernedge.com.au/page/votcare_program.html.
Department of Immigration and Citizenship (DIAC)
The Department provides visas to those trafficking victims who can be of assistance to criminal investigations of traffickers. These visas enable victims of trafficking to remain in Australia lawfully for a limited period. These visas include: Bridging Visa F (subclass 050), the Criminal Justice Stay Visa, the Criminal Justice Entry Visa, and the Witness Protection (Trafficking) Visa (subclass 852). DIAC is also responsible for the removal or deportation of trafficking victims who do not cooperate with law enforcement authorities.
See further “Visas” at www.law.uq.edu.au/human-trafficking-victim-support
For general information about DIAC visit www.diac.gov.au or www.immi.gov.au (accessed 9 Oct 2009).
Australian Agency for International Development (AusAID)
AusAID has a role in acting to prevent human trafficking in Southeast Asia, as well as helping to reintegrate victims of trafficking into their country of origin. Its seven trafficking-related programs focus on strengthening law enforcement in Southeast Asian nations, while improving regional communication and cooperation on the issue of trafficking. Relevant AusAID activities include informing potential victims, supporting anti-trafficking organisations, and assisting in the criminal prosecution of traffickers.
Australian Institute of Criminology (AIC)
The AIC is federal statutory research agency for criminal justice issues. The Institute is involved in several projects on the topic of human trafficking. The AIC is currently reviewing the effectiveness of the responses to human trafficking nationally and internationally and is assessing current trafficking trends and their influence on Australia.
For general information visit www.aic.gov.au
Attorney-General’s Department (Cth)
The Department of Attorney-General provides expert advice to the Federal Government on matters of law, national security, and emergency management. The Department’s response to trafficking in persons includes the responsibility for the ratification of international legislation, the development of regional schemes to prevent trafficking, and the chairing of an inter-departmental committee, which brings together federal departments responsible for the implementation of policy in relation to human trafficking
Department of Foreign Affairs and Trade (DFAT)
The work undertaken by the Department of Foreign Affairs and Trade (DFAT) involves international diplomacy to communicate the Government’s approach to human trafficking, and create an international forum for discussion and action on the topic.
For general information visit www.dfat.gov.au/illegal_immigration/index.html
State and Territory Police Services
Under the Australian Government’s Strategy to Combat Trafficking in Women for Sexual Servitude 2006, the State and Territory Police Services provide a first response to trafficking if it is detected or reported before handing the matter to the AFP. Generally, the state police services use their sexual crime squads to monitor and detect human trafficking cases. In Queensland, for instance, the Queensland Police Service’s Prostitution Enforcement Task Force works cooperatively with the Prostitution Licensing Authority to regulate prostitution services, including checking on illegal operators to detect cases of human trafficking. Certain specialised members of other state police services also have training in the area of trafficking in persons.
| [1] | Elizabeth Kelly, Parliamentary Joint Committee on the Australian Crime Commission, Inquiry into the legislative arrangements to outlaw serious and organised crime groups: additional question two (2009) paras 5–6. | ||
| [2] | DIAC, DIAC 2004-2005 Annual Report (2005) para 99; Elizabeth Kelly, Parliamentary Joint Committee on the Australian Crime Commission, Inquiry into the legislative arrangements to outlaw serious and organised crime groups: additional question two (2009) paras 5–6. | ||
| [3] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [4] | Elizabeth Kelly, Parliamentary Joint Committee on the Australian Crime Commission, Inquiry into the legislative arrangements to outlaw serious and organised crime groups: additional question two (2009) paras 5–6. | ||
| [5] | DIAC, DIAC 2004-2005 Annual Report (2005) para 99; see also, AFP Sex trafficking syndicate smashed (2008), available at www.afp.gov.au/media_releases/national/2008/sex_trafficking_syndicate_smashed (accessed 5 Mar 2009). | ||
| [6] | DIAC, DIAC 2004-2005 Annual Report (2005) para 99; DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [7] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [8] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [9] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97; Elizabeth Kelly, Parliamentary Joint Committee on the Australian Crime Commission, Inquiry into the legislative arrangements to outlaw serious and organised crime groups: additional question two (2009) paras 5–6. | ||
| [10] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [11] | DIMIA, Managing the Border: Immigration Compliance (2005) para 97. | ||
| [12] | AFP Sex trafficking syndicate smashed (2008), available at www.afp.gov.au/media_releases/national/2008/sex_trafficking_syndicate_smashed (accessed 5 Mar 2009); Elizabeth Kelly, Parliamentary Joint Committee on the Australian Crime Commission, Inquiry into the legislative arrangements to outlaw serious and organised crime groups: additional question two (2009) paras 5–6. | ||



