Slavery & Trafficking

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Slavery did not end in the 19th century. It continues to this day. 

Migrants are particularly vulnerable to trafficking, slavery and exploitation. They may be deceived into coming to Australia for work or a relationship. They may be forced to work long hours with little or no pay, in poor or unsafe conditions, in which they may not be free to leave the situation. It may take the form of being forced or deceived into an abusive relationship.

The Global Slavery Index estimates that there are around 50 million victims of trafficking, modern slavery and slavery-like practices across the world. In Australia, it is estimated there are more than 41,000 victims of slavery and trafficking, including forced labour and forced marriage. 

Victims are often 'hidden in plain sight'. They may be working in restaurants, shops, construction sites, or on farms. High-risk occupations in Australia include domestic work, cleaning, hospitality, retail, construction, agriculture, mining, fishing, apparel, and electronics.

The following activities are illegal in Australia under section 270 of the Criminal Code Act 1995 (Cth).

• Human trafficking: recruitment, harbouring and movement of a person, usually across borders, for exploitation and slavery.

• Slavery: where someone exercises powers of ownership over the victim, including the power to make the person an object of purchase or sale and to use the victim in any way without restriction.

• Deceptive recruitment: the victim is deceived about the type of work they will be doing or the conditions in which they will be working.

• Forced labour: The victim is not free to stop working or not free to leave their place of work.

• Servitude: Similar to forced labour, but the victim's personal freedom is also significantly restricted in addition to not being free to stop working or to leave their place of work.

• Debt bondage: Victim is forced to work to pay off a manifestly excessive debt. Often, the debt continues to increase so that it can never be paid off. It may occur where a migrant's flights, visa application charges or other costs have been paid for by someone else, who then claims these costs as part of the debt.

• Forced marriage: The victim may be coerced or forced to marry against their will, or where they did not have the legal capacity to agree to the marriage.

• Unable to leave the work site, accommodation or to end the employment
• Unable to leave the relationship or not being allowed to leave the house unaccompanied
• Threats, such as violence, deportation, or being reported to authorities. It is important to understand that sponsors and employers do not have the power to cancel visas or to deport or forcibly remove anyone from Australia.
• Confiscation or holding of passports or other documents by an employer, sponsor or third-party
• Forced to work excessively long hours
• Underpayment or no payment of wages, or wages are withheld
• Abusive or unsafe conditions
• Being forced to breach visa conditions
• Being deceived about the nature of the work, living conditions, or a relationship
• Forced to live at the work site or in a property owned or operated by the employer.
• Prevented from having mobile phones or communicating with family 

Some migrants end up working in the sex industry. Many workers do this of their own volition, while some are forced to work in the industry. If you have been forced into this work, you can contact your local police or the Australian Federal Police, or dial 000 if it’s life threatening. If you are not comfortable speaking with police immediately, there are resources and support available through Scarlett Alliance. Similarly, if you have elected to work in the sex industry and require support or advice about your rights, you can also speak with Scarlett Alliance (Australian Sex Workers Association), who is the national peak body for sex workers in Australia. 

Australia’s laws regarding sex work vary from state to state. This could have an impact on your visa if you are found to have breached your visa conditions. There are many resources available to support sex workers, including those who have migrated here. Migrants often do not have the support of close family or friends in Australia, so can feel alone and vulnerable. Scarlett Alliance provides support mechanisms for migrant sex workers and can advise on your rights when dealing with police, immigration or taxation officials. 

Scarlett Alliance supports past and present sex workers, including campaigning for decriminalisation of the sex industry, ending discrimination and stigma, as well as promoting and protecting your human rights and health. 

Please refer to the Scarlett Alliance website for more information on your rights and the support available for migrant sex workers: https://scarletalliance.org.au/migrant-sex-workers/

• In an emergency or life-threatening situation, call Triple Zero (000)
• Call the Australian Federal Police - 131 937
  • Complete the AFP form to report human trafficking, modern slavery or slavery-like practices
• Call Anti-Slavery Australia for specialist legal or migration advice - (02) 9514 8115
• For advice on wages and work conditions, contact the Fair Work Ombudsman - 131394. FWO also provides a Pay and Conditions tool for a quick assessment of your entitlements.
• Discuss the matter with Ruby Consulting Services - 0493 223 180

Ruby Consulting Services is able to advise and assist on your obligations under the Modern Slavery Act 2018 (Cth), including preparing your Modern Slavery Statement. We are experienced in supply chain transparency and can assist in developing policies and practices for mapping supply chains and identifying and addressing modern slavery in your operations and supply chains. 

Given the prevalence of modern slavery, all businesses are at risk of there being modern slavery in their operations and supply chains. Ruby Consulting Services can assist in managing this risk. 

• ACRATH
• Australian Government - Right to freedom from modern slavery and forced labour 
• Be Slavery Free
• Blue Heart Campaign
• Commonwealth Director of Public Prosecutions
• Fair Work Ombudsman
• Global Slavery Index
• Hagar Australia
• Hidden in Plain Sight - report into establishing Australia's Modern Slavery Act 2018 (Cth)
• Mercy Foundation
• NSW Anti-Slavery Commissioner
• Register of Modern Slavery Statements (Australia)
• Resources for Migrant Sex Workers (Scarlett Alliance)
• Support for Trafficked People (Red Cross)
• The Freedom Hub
• Walk Free Foundation