Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694854674980.pdf (Australia)
UNCLASSIFIED Senate Select Committee on Temporary Migration Inquiry into the impact that temporary migration has on the Australian economy, wages and jobs, social cohesion and workplace rights and conditions.

21 August 2020 Submission by the Australian Federal Police UNCLASSIFIED 1 Temporary MigrationSubmission 123 UNCLASSIFIED Introduction The Australian Federal Police (AFP) welcomes the opportunity to make a submission to the Senate Select Committee inquiry on Temporary Migration.
The AFP is a progressive and multi-faceted law enforcement agency taking a strong lead in the fight against 21st century crime.

By employing the core principles of prevention, deterrence, partnership and innovation, the AFP strives to build a more secure future for Australia and its global partners.

As Australia’s national policing agency, the AFP is a key member of the Australian law enforcement and national security community.
The AFP delivers policing services both nationally and internationally, leading efforts to keep Australians and Australian interests safe both at home and overseas.

The AFP also provides community policing services in the Australian Capital Territory and the territories of Christmas Island, Keeling Islands, Norfolk Island and Jervis Bay.

The AFP proactively and flexibly deploys resources domestically and internationally to deter, prevent, investigate and disrupt criminal threats.
The AFP investigates the most serious forms of exploitation.

The AFP is the lead agency for investigating offences under Divisions 270 and 271 of the Criminal Code (Cth) which includes human trafficking, slavery and slavery-like offences.

These offences criminalise trafficking in persons (including children), slavery, servitude, forced labour, forced marriage, deceptive recruiting, debt bondage, organ trafficking and harbouring a victim.
Human Trafficking and Modern Slavery The AFP is cognisant that victims of human trafficking may have temporary migrant status.

This includes (but is not limited to) victims of forced marriage, forced labour, deceptive recruiting and servitude.

To this end, the AFP works in collaboration with government, industry and civil partners to raise awareness, investigate and prosecute these crimes.
As Australia’s lead investigative agency for human trafficking and modern slavery offences, the AFP has established dedicated Human Trafficking Teams (HTTs) in Sydney, Melbourne and Brisbane.

The AFP has investigators with specialised skills in human trafficking investigations in all other states and territories.

The AFP’s HTTs investigate allegations of human trafficking and can be called upon to investigate both domestic and international matters.

Human trafficking is occurring in Australia.


While some victims are brought to Australia from overseas and exploited, the AFP are also seeing reports of Australian citizens and permanent residents who have been exploited in Australia or taken offshore.

In the 2019/2020 financial year, the AFP received 223 reports of human trafficking.
The below table provides a breakdown of human trafficking crime types reported to the AFP in 2019/20: Human Trafficking crime type: Reports received by AFP in 2019/20 Forced Marriage Sexual Servitude / Exploitation Forced Labour Trafficking in Children Trafficking in Persons (including Exit Trafficking) Debt Bondage Domestic Servitude Slavery Deceptive Recruiting 92 40 29 4 28 3 20 1 6 UNCLASSIFIED 2 Temporary MigrationSubmission 123 UNCLASSIFIED There has been an increase in the number of reports to the AFP relating to domestic servitude: from nine (9) reports in 2018/19, to 20 reports in 2019/20.
This may be indicative of increased public awareness of the crime type.

The AFP is focused on developing and maintaining collaborative partnerships with state and territory policing agencies, government and non-government organisations and civil society to support victims of trafficking and investigate these offences.
The AFP is an active partner in whole of Australian Government efforts to combat modern slavery in Australia as outlined in the National Action Plan to Combat Human Trafficking and Slavery 2015–19.

The AFP will continue to work closely with its domestic and international partners on the implementation of the subsequent National Action Plan to Combat Modern Slavery 2020-2024, which is currently in draft.
The AFP is a member of the Interdepartmental Committee (IDC) on Human Trafficking and Slavery, which is responsible for monitoring the implementation of the National Action Plan.
Partner agencies in this IDC are the Department of Home Affairs, Attorney General’s Department, Australian Criminal Intelligence Commission, Commonwealth Director of Public Prosecutions, Department of Jobs and Small Business, Department of Foreign Affairs and Trade, Department of Social Services, Department of the Prime Minister and Cabinet and the Fair Work Ombudsman.
This IDC ensures that emerging issues are addressed on a whole-of-government basis, reporting annually to the Australian Parliament on its effectiveness.

An Operational Working Group (OWG) comprising the AFP, Attorney General’s Department, Commonwealth Director of Public Prosecutions, Department of Home Affairs and Department of Social Services operates as a subcommittee of the IDC to resolve systemic operational issues that arise in the management of individual cases.
The OWG also has an important role in referring emerging policy issues to the broader IDC for consideration.

In recognition that it is often difficult for victims to come forward to report offences, the AFP, and its partner agencies, work closely with state and territory police, other government agencies, non-government organisations, education officials and legal aid agencies to raise community awareness of human trafficking and slavery, and to encourage victims to come forward.
The AFP is also committed to promoting awareness of modern slavery and human trafficking internationally.

The AFP engages closely with international partners through our international network, the Department of Foreign Affairs and Trade and international non-government organisations, including the Santa Marta Group, to combat human trafficking and modern slavery, and promote awareness of these crimes.
The AFP has implemented a number of programs to build awareness of human trafficking and forced marriage, including the Look a Little Deeper Awareness Program and Project SKYWARP.

These programs are detailed below.

Look a Little Deeper Awareness Program Look a Little Deeper is a purpose-built human trafficking information and awareness package.

The Look a Little Deeper package was created through collaboration between Victoria Police and the AFP to raise awareness of human trafficking and slavery.
Initially developed for police agencies, it has been expanded to encompass frontline Commonwealth agencies with a first response capability, including the Fair Work Ombudsman.

The program aims to educate first responders about human trafficking, slavery and slavery-like practices, indicators and best practice responses to victim management.
Project SKYWARP Australia’s first forced marriage awareness campaign targeting travellers at Sydney Airport, Project SKYWARP was launched on 15 October 2019 as a six-month pilot program in 3 UNCLASSIFIED Temporary MigrationSubmission 123 UNCLASSIFIED partnership with Anti-Slavery Australia.
Project SKYWARP is a proactive airport-based initiative that seeks to identify, prevent, deter and disrupt human trafficking and modern slavery in the Australian aviation sector, promoting awareness of these matters through advertising at airports.

Recognising that forced marriage is one of the most common types of modern slavery reported to the AFP, Project SKYWARP was developed as a multi-sector response to a complex issue.
By collaborating with business and non-government organisations, SKYWARP is aimed at preventing and deterring the crime of forced marriage before it occurs, and supporting potential victims by providing pathways to assistance.

Support for Trafficked People Program The Support for Trafficked People Program (STPP) is delivered nationally by the Australian Red Cross through a funding agreement managed by the Department of Social Services.
The STPP is a key component of the National Action Plan to Combat Human Trafficking and Slavery (2015-2019).

The program provides assistance to victims of human trafficking, slavery and slavery-like practices, including forced marriage, who meet specific eligibility criteria.

As the primary investigative agency for modern slavery and human trafficking matters, the AFP is the sole agency responsible for assessing eligibility and referring suspected victims to the STPP.
Victims of trafficking referred by the AFP receive assistance in meeting their safety, security, health and well-being needs.

Introduced in February 2018 as a trial, the Forced Marriage Stream was introduced to allow victims of forced marriage to access assistance for an extended period of time without having to participate in the criminal justice process.

Following the conclusion of the trial on 31 December 2020, the program was formalised as a permanent stream of the STPP.
Human Trafficking Visa Framework (HTVF) The HTVF is managed by the Department of Home Affairs and runs parallel and complementary to the provision of support under the STPP.

It provides a number of visa options for victims of human trafficking, and their dependents, to remain in Australia on a temporary or permanent basis.

Persons who are assessed by the AFP to be a victim of trafficking and who do not hold a valid visa, are eligible for an initial 45 day bridging visa.
A 45 day extension can be granted on a case by case basis.

Generally, longer-term visas under this program require the assistance of the victim in the criminal justice process.

The framework also provides options to issue a Referred Stay (permanent) visa for victims of trafficking who have contributed to and worked closely with an investigation or prosecution and who would be in danger if they returned to their home country.
Taskforce Cadena Established in June 2015, Taskforce Cadena is a Joint Agency Taskforce comprising the Department of Home Affairs, Australian Border Force, and the Fair Work Ombudsman.

The Taskforce’s objective is to enhance operational and intelligence capabilities to support whole-of- government efforts targeting organized visa fraud, illegal work and the exploitation of migrant workers in Australia.
The AFP contributes to the Taskforce by drawing on intelligence to identify and investigate targets of interest to ensure that people involved in the exploitation of foreign workers in the workplace are held to account.

The AFP assists with operational activity, including search warrants, as required.
4 UNCLASSIFIED Temporary MigrationSubmission 123 UNCLASSIFIED Case Studies Forced Labour – Queensland In April 2019, Isikeli Pulini and his wife, Malavine Pulini, became the first offenders to be convicted of forced labour offences in Australia.

In 2008, a female victim was brought to Australia on a 3 month tourist visa from Fiji by Mr and Mrs Pulini.

The victim had previously worked for the couple for a 5 year period in Tonga.
Isikeli Pulini obtained work in Australia in 2006 and his family subsequently immigrated.

The Pulinis asked the victim to come to Australia for three months and work for them as she had in Tonga.

The victim was not paid and after three months returned to Fiji.

A year later, the victim was asked to move to Australia as their domestic servant and care for the children.

Upon arrival, the victim had her passport removed from her.
The victim was paid well below the accepted remuneration standards and money was paid into an account in the Pulini’s name.

The victim was fearful she would be sent to prison, being an unlawful non-citizen and having little money and no passport.

In 2016, she managed to leave the Pulinis and sought assistance from the AFP.

On 12 April 2019, after a jury trial, the husband and wife offenders were found guilty of causing a person to remain in forced labour and migration offences.
Isikeli PULINI was sentenced to 5 years in prison.

Malavine PULINI was sentenced to 6 years in prison.

Sexual Servitude – NSW Two Thai victims came to the notice of authorities in 2007 and 2010 as unlawful non-citizens during compliance operations conducted in brothels by the Department of Immigration and Citizenship, and Australian Border Force.
The victims were sex workers who were offered work in Australia in 2004 but upon arrival were told they had incurred a debt of AUD $45,000 which they would need to work to pay off.

The AFP investigation identified that Rungnapha Kanbut was responsible for the servitude of the victims.

In June 2017 Ms Kanbut was arrested and charged by the AFP with slavery and proceeds of crime offences.

Ms Kanbut was found guilty and on 15 November 2019, and sentenced to 8 years in prison.
She will be eligible for parole in August 2024.

Sexual Servitude – ACT In 2007, a Thai national was brought to Australia by Watcharaporn Nantakhum to work in a brothel in the ACT.

The victim was brought in on a three month tourist visa and was told she had a AUD $43,000 debt.

The victim was held in accommodation and forced to conduct sex acts with clients arranged by Ms Nantakhum until the debt was paid.
After four months, the victim had repaid the debt by having sex with over 900 men, however she was not permitted to cease providing services.

She was not free to leave and had her passport and money confiscated by Ms Nantakhum.

In October 2009, Ms Nantakhum was charged by the AFP with offences including slavery as well as offences under the Migration Act 1958 (Cth).

On 24 May 2012, Ms Nantakhum was convicted in the ACT Supreme Court on all charges.

She was sentenced to 6 years in prison.


UNCLASSIFIED 5 Temporary MigrationSubmission 123 UNCLASSIFIED During the AFP investigation, the victim alleged she had been subjected to a sexual assault by Robert Dick, a resident of Victoria.

In October 2009, Mr Dick was charged in the ACT in relation to that sexual assault.

Mr Dick was found guilty however died in Melbourne on 13 July 2012, before he could be sentenced.

UNCLASSIFIED 6 Temporary MigrationSubmission 123