Australian policies

In 2005, the Criminal Code Amendment (Trafficking in Persons and Debt Bondage) Act 2005 (Cth) was introduced, adding a set of offences relating to transnational and domestic trafficking in persons and debt bondage into Division 271 of the Criminal Code (Cth).  A Supplementary Report to the Inquiry into the trafficking of women for sexual servitude was issued in August 2005 stating that ‘the undertakings made in the Government’s package of 2003 have [now] been realised’[6] but also recommended that the Australian National Audit Office (ANAO) consider undertaking ‘an evaluation of the results of the National Action Plan, after three years of operation.’[7]  This evaluation, conducted in 2008–09, focused on the administrative management and performance of the Action Plan rather than the substance of its policies.

In 2007, the Australian Government announced that a further AUD 38.3 million would be invested in the existing anti-trafficking framework over the next four years.[8] 

Pressure from NGOs and academics mounted on the Government to significantly improve the support available to victims of trafficking in persons and change the visas available to them.[9]  This led to a reform of Australia’s anti-trafficking efforts that came into effect on July 1, 2009.  While these reforms left the overall policy objectives articulated in the 2004 Action Plan unchanged, major amendments were made to the support and visas for victims of trafficking.

These reforms mark a shift towards better recognising the need to protect and support victims as an integral part of the Government’s Anti-People Trafficking Strategy.  Around the same time, the Government sought to broaden the domestic understanding of trafficking in persons by placing an ‘increased focus on issues related to trafficking for labour exploitation, including enhanced engagement with peak employer and industry organisations and unions.’[10]

Minor administrative adjustments followed in 2011.  On 1 June 2011, the AFP’s Transnational Sexual Exploitation and Trafficking Teams were renamed to Human Trafficking Teams ‘to better reflect the full spectrum of people trafficking offences.’[11]  Similarly, the Australian Policing Strategy to Combat Trafficking in Persons 2011–13 (formerly the National Policing Strategy to Combat Trafficking in Women for Sexual Servitude) was ‘broadened to encompass all forms of people trafficking, including labour and organ harvesting.’[12]  In October 2011, the Australian Government allocated a further AUD 500,000 in funding to five organisations for projects that raise awareness about labour exploitation, and to provide advocacy and outreach to vulnerable industries or groups, such as migrant workers.[13]

Between 2003 and 2012, the Australian Government spent more than AUD 100 million ‘to support a range of domestic, regional and international anti-trafficking initiatives’.  The key initiatives funded under the Anti-People Trafficking Strategy include: specialist AFP investigation teams and the Australian Policing Strategy to Combat Trafficking in Persons; legislation to criminalise trafficking and related activities; the Support for Trafficked People Program; the People Trafficking Visa Framework; immigration compliance officers posted in China, the Philippines, and Thailand; regional initiatives to deter trafficking, train police officers, and assist victims; and research into trafficking conducted by the Australian Institute of Criminology (AIC).[14]

In November 2010, the Attorney-General’s Department released two separate discussion papers on The Criminal Justice Response to Slavery and People Trafficking; Repatriation; and Vulnerable Witness Protections and Forced and Servile Marriage that were followed by a public consultation process and submissions from a great range of government and non-government entities.[15]  These exercises informed the drafting of the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill Act 2013 (Cth) which entered into force on 7 March 2013. 

In 2012/13, the Australian Government began a process of addressing a suite of observations and recommendations made by the UN Special Rapporteur on Trafficking in Persons, Ms Joy Ngozi Ezeilo, following her visit to Australia in November 2011.  While recognising that Australia had ‘demonstrated strong leadership in combating trafficking in persons regionally and domestically’, her report made 31 recommendations relating to a wide range of anti-trafficking measures. [16]  It is understood that the Australian Government has accepted most of these recommendations and is in process of implementing several of them.[17]

The Attorney-General’s Department also announced in 2012 that it would revisit the 2004 Action Plan to Eradicate Trafficking in Persons and, in consultation with relevant stakeholders, ‘lead the development of a formal action plan to support Australia’s Strategy to Combat People Trafficking.’[18]  Public consultation occurred throughout 2013.  The changes to Australia’s anti-trafficking strategy have also been influenced by a further Inquiry into Slavery, Slavery-like Conditions and People Trafficking undertaken by the Joint Standing Committee on Foreign Affairs, Defence and Trade in 2012–13. 

In December 2014, the Australian Government presented the National Action Plan to Combat Human Trafficking and Slavery, 2015-2019.[19] The main focus of this new Action Plan is in seven specific areas:

1. Monitoring of the 2013 legislative reforms in terms of their effect on investigations, prosecutions and support for trafficked people.
2. Raising awareness of human trafficking and slavery within the general public and relevant target groups.
3. Refining government responses to forced marriage.
4. Addressing the issue of exploitation in supply chains.
5. Operational protocol to ensure that trafficked minors receive appropriate support.
6. Strengthening links with the States and Territories.
7. Taking an international and regional leadership role to prevent opportunities for human trafficking. [20]

Several policy initiatives have subsequently been introduced at a national level.  For example, the interagency ‘Taskforce Cadena’ has been established to investigate exploitation in supply chains.[21]  A Forced Marriage Community Pack has been produced, outlining best practices for relevant frontline service providers.[22] Initiatives to combat forced marriage also include the Minister of Justice awarding AUD 500,000 in grants to community groups with the aim of improving outreach and awareness raising capacities.[23]

In a regional context, Australia has entered into the Australia-Asia Program to Combat Trafficking in Persons (AAPTIP).[24]  AAPTIP is designed to promote support for ASEAN nations in preventing human trafficking and enhance cooperation between regional anti-human trafficking bodies and individual partner countries.  This program replaced the ARTIP Program and will remain in effect until 2018.