Following the death of a young trafficking victim in a detention centre in Australia in 2003, the Australian government introduced an automatic humanitarian visa system enabling victims to remain on a temporary or permanent basis depending on individual circumstances. Thus, in January 2004, as part of the government’s strategy, the Department of Immigration And Citizenship (DIAC) introduced a visa regime that enables suspected victims of trafficking to remain in Australia , provided they assist or have assisted with an investigation or prosecution. This new Australian approach to residence of trafficking victims is three-phased:

Phase 1. Bridging F Visa allows suspected victims of trafficking and witnesses to remain in the country for a period of 30 days during which time the Australian Federal Police (AFP) or State and Territory Police assess whether the person is able to assist them in an investigation or prosecution. It also allows time for the person to decide whether they wish to continue assisting police. Phase 1 victim support offers secure accommodation, food, a living allowance, one-time allowance to purchase toiletries and clothing, and access to medical aid and to legal services. The support under this phase is modelled on programs for humanitarian and asylum seekers, and aims to provide a flexible and tailored response driven by the assessment of the trafficking victim’s needs.

Phase 2. Criminal Justice Stay (CJS) visa is granted if the police require the suspected victim to stay in Australia to assist in the investigation, and if the person chooses to assist the police in the investigation or prosecution. Phase 2 benefits include special benefit and rent assistance (approximately AUS$12,600 per year, an amount equal to unemployment benefit), a one-time amount for essential furniture, access to medical aid, legal services and employment and training, social support (including English language skills) and vocational training.

Phase 3. Witness Protection Trafficking visa: The holder of a CJS visa can be granted a Witness Protection (Trafficking) visa if they have significantly contributed to the investigation or prosecution, and if they may be in danger if they return to their home country.

Trafficking victims who are not involved in the law enforcement and criminal justice process are not liable for the Victim Support Program, and receive care and support from members of community and religious organizations, such as Anti-Slavery Project at University of Technology Sydney, the Salvation Army, Project Respect, Refugee and Immigration Legal Centre Inc., Australian Catholic Religious Against Trafficking in Humans (ACRATH), etc. 

Response from Religious Congregations

In November 2004, Religious Sisters in collaboration with ForceTen and the Australian Catholic University conducted the first public forum on Human Trafficking in Sydney . Participants at the forum who were members of religious orders and representatives from NGOs agreed to work together (both within their own congregations and among the general public) on awareness raising and prevention of human trafficking, and lobbying for legislative change. In 2005, four general public forums were held in Sydney , focusing on awareness-raising and building of networks.

ForceTen, a joint educational and fund raising program of Caritas Australia and the National Council of Churches in Australia (NCCA) Christian World Service, prepared an Anti-Trafficking Kit which was used in schools in 2005.

Australian Catholic Religious Against Trafficking in Humans (ACRATH), chaired by a Good Samaritan Sister, through collaboration with the Australian Catholic Migration Office (ACMRO) and the Australian Catholic Social Justice Commission (ACSJC) has provided support to the Australian Bishops in their lobbying for the human rights of trafficked people.  ACRATH also organised the writing of “An Australian NGO Shadow Report On the Situation of Trafficked Women in Australia ” as well as a “Joint Statement from Australian, Cambodian and Thai NGOs Concerning Trafficked Women”, which were presented to the CEDAW committee in January 2006. The CEDAW shadow report offered recommendations for a human rights framework and reforms in legislation. Since then, they organised follow-up public meetings with possible action plans that include broad-based community education campaigns, lobbying and advocacy, establishment of safe houses, a pre-reintegration program, building of networks in the Asia Pacific region, and support for the Millennium Development Goals.

As an example, the Josephite Counter-Trafficking Project has developed a flexible, culturally sensitive support to women of Asian origin who have been trafficked into Australia so that they can be enabled to make informed choices and develop a sense of self worth. In order to strengthen the response and improve the services rendered to the victims of trafficking, the consultation on social needs of trafficked persons was carried out. In addition, regular visits are made to the Villawood Detention Centre in Sydney as part of the effort to detect victims of trafficking, to support them and alert them of their rights and options, and to provide legal aid where needed.

A Trafficking in Persons Clearing House website has been set up by the Good Shepherd social justice network. It aims to be a central access point for information on the global and local problem of trafficking in persons and to promote conversation on trafficking in persons and related issues.

Asia Pacific collaboration has been strengthened with the aim of establishing a safe emergency accommodation and support for the returned victims of trafficking.

For more information please follow the links below:

Catholic Religious Australia

Trafficking in Persons Clearinghouse

Anti-Slavery Project