RECOMMENDATIONS FOR AUSTRALIA:
Vigorously investigate and prosecute trafficking offenses, and convict and stringently sentence sex and labor
traffickers; continue to increase efforts to train police and other front-line officers to recognize indicators of
trafficking and respond to suspected cases of both sex and labor trafficking; strengthen efforts to proactively
identify trafficking victims among vulnerable groups, such as undocumented migrants or workers filing civil
grievances; require social service providers to be present when conducting initial screening interviews with
victims; develop methods to expedite visas for victims; sustain and increase funding to NGOs for robust victim
protection services; consider establishing a national compensation scheme for trafficking victims; implement the
national action plan to combat trafficking, launched in December 2014; continue to implement or fund awareness
campaigns, particularly among rural communities and migrant populations; increase efforts to prosecute and convict
Australian child sex tourists; and develop a targeted campaign to raise awareness among clients of Australia’s
legal sex trade about the links between prostitution and trafficking.
PROSECUTION
The government made modest anti-trafficking law enforcement efforts. Australia prohibits sex and labor trafficking
and trafficking-related offenses through divisions 270 and 271 of the Commonwealth Criminal Code, which prescribe
maximum penalties of 12 to 25 years’ imprisonment and fines up to197,000 Australian dollars ($152,000). These
penalties are sufficiently stringent and commensurate with those prescribed for other serious offenses, such as
rape. The criminal code, through the 2013 Crimes Legislation Amendment, prohibits forced labor and prescribes
penalties of nine years’ imprisonment, and the Migration Act of 2007 prohibits exploitation of migrant workers
through forced labor, sexual servitude, or slavery and prescribes penalties of up to five years’ imprisonment and
various fines; these are sufficiently stringent penalties and commensurate with those prescribed for other serious
crimes. State and territorial laws criminalize child prostitution.
The Australian Federal Police (AFP) investigated 87 alleged trafficking cases, an increase from 46 the previous
year. The government prosecuted nine defendants in 2014, compared with six prosecuted in 2013; it did not report
how many, if any, involved labor trafficking. It did not convict any traffickers in 2014, compared with one sex
trafficker convicted in 2013. Judicial officials dismissed trials for three alleged traffickers and dropped a
trafficking charge against one defendant for undisclosed reasons.The AFP maintained its use of specialized teams to
investigate suspected trafficking offenses, and the majority of labor trafficking cases continued to be addressed
through civil mechanisms.The government funded and facilitated training on trafficking investigations, legislation,
and victim support for 25 police and immigration officers. In October 2014, the AFP and regional police officers
began implementing a training module to strengthen front-line officials’ capacity to identify and investigate
trafficking offenses. The government did
not investigate, prosecute, or convict any government officials complicit in human trafficking offenses.
PROTECTION
The government sustained efforts to protect trafficking victims. Authorities identified 33 potential victims
(including 14 for sexual exploitation, eight for forced labor, and 11 where the form of exploitation was unclear),
an increase from 21 in 2013, and referred them to the government-funded support program. Only the AFP could
identify and refer victims to the government’s support program; NGOs provided services for additional victims who
were either not recognized by the AFP or who chose not to communicate with law enforcement. Potential victims could
typically access accommodation, living expenses, legal advice, health services, and counseling provided by the
government.The government continued to provide approximately one million Australian dollars ($775,000) annually to
fund its victim support program. In 2014, one repatriated Australian trafficking victim was provided unspecified
support through this program.There were no government-run shelters for trafficking victims and few trafficking-
specific shelters in the country. In 2014, the government granted 14 Permanent Witness Protection (Trafficking)
visas to victims and their immediate family members, which required victims to assist with an investigation or
prosecution of a trafficking offense. Local organizations expressed concern that the lengthy delays in processing
this type of visa could be a disincentive for victims to pursue the benefit.Victims identified by authorities were
not detained, fined, or penalized for unlawful acts committed as a direct result of being subjected to
trafficking.
The government’s efforts to identify and refer victims of forced labor were limited. Authorities identified the
majority of victims through immigration compliance actions, though some victims may have not self-identified out of
a fear of detainment and deportation. The government did not ensure social service professionals were present
during initial screening interviews, although procedures were in place for law enforcement officers to bring them
in at their discretion.Victims could be eligible for compensation through general crime victim schemes at the state
and territorial level, but benefits varied by region and could only be granted on the basis of trafficking-related
crimes, as trafficking is not a crime in state and territorial law. NGOs reported concerns of victims not always
adequately informed about legal avenues available to those who wish to remain in Australia to pursue compensation
or civil remedies.
PREVENTION
The government sustained efforts to prevent trafficking. It launched a five-year national action plan to combat
trafficking in December 2014, but did not implement it during the reporting period. The government continued to
fund the Australian Institute of Criminology to conduct research on human trafficking in the country. The Fair Work
Ombudsman conducted awareness campaigns on migrant workers’ rights and pursued civil cases through the courts for
workplace violations, such as underpayment of wages; however, none of the cases it investigated were referred to
the AFP or immigration officials for criminal investigation of potential forced labor. During the reporting year,
the AFP facilitated training on all forms of trafficking for various NGOs and delivered a trafficking investigation
workshop to officials from 11 countries in the Asia-Pacific region.The government continued to distribute materials
to passport applicants outlining the application
of Australian child sex laws to Australians overseas. However, unlike in 2013, the government did not prosecute or
convict any Australians for child sex trafficking offenses.The government did not take significant steps to reduce
the demand for forced labor or commercial sex acts, but continued to demonstrate efforts to raise awareness of and
prevent trafficking within its legal sex trade. It provided anti-trafficking training and guidance for its
diplomatic personnel prior to being posted abroad.
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