Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694854482745.pdf (Australia)
Committee Secretary Department of the Senate Po Box 6100 Canberra ACT 2600 Submitted online Submission to the Select Committee on Temporary Migration Thank you for the opportunity to make a submission to the Select Committee on Temporary Migration to inquire into and report on the impact temporary migration has on the Australian economy, wages and jobs, social cohesion and workplace rights and conditions.
ABOUT THE WOMEN’S COUNCIL FOR DOMESTIC AND FAMILY VIOLENCE SERVICES The WCDFVS is the peak non-government body in Western Australia committed to improving the lives of women and children in society, and ensuring they live free from family and domestic violence.

The organisation provides a voice on domestic and family violence issues to help facilitate and promote policy, legislative and programmatic responses relevant to women and children who have experienced domestic and family violence.
The organisation has five core functions: promoting the protection of women and children through representing their needs to policy and decision makers; representation and advocacy on a range of national committees and advisory bodies; community education; research and training on emerging issues and trends related to FDV; and information and referrals to sections of the community that would provide appropriate help to women and children.
The WCDFVS has a few key goals: • • • To strengthen their unified voice on domestic and family violence issues.

To maintain the Women’s Council for Domestic and Family Violence Services (WA) as an independent viable and credible organisation.

To improve the access of women and children to Women’s Refuges and services who are experiencing domestic and family violence.
Temporary MigrationSubmission 31 • • • • To provide leadership in the area of domestic and family violence issues to key stakeholders and the community.

To increase the community awareness of the incidence, effects and responses to domestic and family violence.

To collaborate with key stakeholders in the development of policies, legislation and programs which impact on women and children experiencing domestic and family violence.

To ensure access and equity for all members in remote/rural locations.
The Women’s Council wishes to respond to the aspects of modern slavery and human trafficking of temporary migrants.

Modern slavery includes a range of exploitative practices of which forced labour and forced marriage intersect with domestic and family violence(DFV) behaviours .

Women who migrant to Australia for work, study or marriage are at much higher risk of sexual exploitation, violence and financial insecurity due to their visa status.
While Australian data tells us that one in four women aged over 15 years will experience DFV in her lifetime women on temporary visas experience additional barriers when accessing support due to restrictive migration regulations.

These women if they leave an abusive partner can be restricted from access to Centrelink benefits, public housing and Medicare.
Currently, under The Department of Immigration Domestic Violence provisions, these women fall through the cracks in terms of support and is left in the capable, albeit stretched, hands of receiving refuges.

These refuges receive no specific funding from the Federal or State Government to help support these women and children who often have nothing but the clothes on their back when they enter the refuge.
All refuges are required under their State funding contracts to accommodate women and children regardless of their capacity to contribute to the cost of accommodation.

This client group is dependent on the refuge providing food, clothing, paying for medical and dental treatment, school costs, transport, and multitude of other daily necessities.
Many of these women and children require long stays in refuges, up to 12months, while waiting for a decision by the Department of Immigration on their applications for residency.

Many of these women have not only experienced a range of DFV abuses, including physical and sexual abuse but have often been forced to work in family business or in paid employment but had all their earnings taken by the perpetrator.
During 2016-2018 the Women’s Council conducted a survey of twenty-one women and children’s refuges in the Perth metropolitan and south west region to collect data on the numbers women and children on temporary visas being accommodated .

There was a total over two years of 232 women and 271 children, we believe this is only Temporary MigrationSubmission 31 small percentage of the total number of women and children on temporary visas in WA who are experiencing exploitation and abuse of their Human rights.
Barriers such as language , isolation, fear, community and family expectations and lack of knowledge of support services, would hinder many women from seeking help.

In 2018, the National Advocacy Group on Women on Temporary Visas Experiencing Violence (the National Advocacy Group) was formed to respond to the national crisis when it comes to supporting these women to live free from violence.

This group published the Path to Nowhere report that provides more data on the issue.
Recently the group has developed the Blueprint for Reform: Removing Barriers to Safety for Victims/Survivors of Domestic and Family Violence who are on Temporary Visas.

The Blueprint provides comprehensive range of recommendations to reform the migration act and improve access to government services for this vulnerable group.

The current third action plan of the National Plan to Reduce Violence against Women and their Children, identifies this an area for more work at the National and State level.
Recommendation 3 3.8: Ensure migration rules and eligibility requirements for support services do not disempower victims of violence or discourage them from leaving violent relationships.

3.8(a) Develop appropriate visa arrangements for temporary residents who are experiencing violence.

3.8(b) Revise eligibility requirements to enable more victims of violence to access support.

3.8(c) Work with service providers to improve access of temporary residents to available support services.
The COAG Advisory Panel on Reducing Violence against Women and their Children also made clear recommendations on this issue.

RECOMMENDATION 2.4 The Commonwealth should ensure that migration rules and eligibility requirements for support services do not disempower victims of violence or discourage them from leaving violent relationships.
The Commonwealth should: • ensure that there are appropriate visa pathways to assist victims of family violence • revise eligibility requirements to enable more victims of violence to access support services, including income support Temporary MigrationSubmission 31 • collaborate with state and territory governments and service providers to ensure that temporary residents who are victims of violence can easily access available support services.
Modern slavery is an umbrella term for situations that describe how individuals are forced and/or coerced into illegal and unlawful relationships.

Modern slavery encompasses any form of slavery, servitude, debt bondage, sexual exploitation, trafficking, forced labour and forced marriage (Larsen and Renshaw, 2012).

In 2013, forced marriage was criminalized in Australia (Multicultural Centre Against Family Violence, 2019).
In this regard, it should be noted that Australia is a destination country for modern slavery.

Many individuals and children are trafficked and/or exploited in situations around the family home once they arrive in Australia.

Guggisberg, M., & Grobbelaar, M. (2020).

An examination of circumstances related to forced marriage among culturally and linguistically diverse women in Australia.

In M. L. Knusden (ed.).

Victims of violence: Support, challenges and outcomes (pp.

205 – 229).
205 – 229).

New York, NY: Nova Science Publishers Data from the Red Cross who receive Federal funding to support trafficked persons in Australia , including victims of Forced Marriage shows an increase each year on the number of Forced Marriage Victims .

Since forced marriage was criminalised and the Support Program was able to receive referrals for forced marriage in 2014, Red Cross has received a total of 111 referrals, including 3 for individuals who had previously been referred to the Support Program.
Therefore Red Cross has supported 108 individuals referred for forced marriage.

An individual is often supported across multiple calendar years.

Support for Trafficked People Program Data Snapshot 2009-2019 Red Cross.

In Australia in 2019 there were 93 referrals to the Australian Federal Police of Forced Marriage victims.

Research indicates that 1 in 4 FM victims’ reports to the AFP.
The Women’s Council recommends that previous recommendations in the third National Plan to Reduce Violence against Women and their Children and the CAOG report are actioned.
The following recommendation are also suggested 1 The provision in all states and territories of safe, supported, culturally and developmentally-appropriate Crisis and Long-Term Accommodation for victim/survivors of Forced Marriage 2 The provision of free interpreter services to all NGO’s working with victim/survivors – including, in some cases, their children 3 The provision of funding for State/Territory Forced Marriage Networks in order that training can be provided for key agencies and frontline responders e.g.
Hospitals, Child Temporary MigrationSubmission 31 4 Protection, school settings as preventative strategy, frontline workers in any agency that may come across victim/survivors.
This funding is critical to ensure that Forced Marriage Networks are able to undertake the work required related to prevention, protection (training and consistent referral pathways), advocacy, and to engage with CALD communities to upskill community members to educate their communities on the issue of Forced Marriage in Australia 5 The collection and provision of data re Australian homicide statistics and honour- based violence in order that the scope of honour-based violence in the practice of Forced Marriage is able to be measured and subsequently addressed, in a strategic manner 6 Promoting the legislative inclusion of Forced Marriage as a form of Family and Domestic Violence across all states and territories.
Forced Marriage has clear intersectionalities with Family/Domestic Violence.

It is a form of violence and an abuse of human rights.

It can happen to anyone, regardless of age, gender or race.

In Forced Marriage consent is not fully or freely given.

A person forced into marriage is subjected to coercion, threats, and/or deception to gain compliance.

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