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Inquiry Into People Trafficking for Sex Work

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Inquiry Into People Trafficking for Sex Work drugs and crime prevention drugs and crime prevention COMMITTEE inquiry into c o m m i t t e e peopLe trafficking I n q u for sex work I ry I n t o P E June 2010 o P L E t r AFFICKI n G F o r S E X W o r K J u n e 2 0 1 0 drugs and crime prevention COMMITTEE PARLIAMENT of victoria, MELBOURNE VIC 3002 T 613 8682 2815 F 613 8682 2808 www.parliament.vic.gov.au/dcpc PARLIAMENT OF VICTORIA DRUGS AND CRIME PREVENTION COMMITTEE INQUIRY INTO PEOPLE TRAFFICKING FOR SEX WORK Final Report June 2010 Ordered to be printed by Authority Government Printer for State of Victoria No. 312 Session 2006–2010 The Report was prepared by the Drugs and Crime Prevention Committee. Drugs and Crime Prevention Committee Inquiry into People Trafficking For Sex Work – Final Report DCPC, Parliament of Victoria ISBN: 978-0-9804595–4–8 Drugs and Crime Prevention Committee Parliament House, Spring Street Melbourne Vic 3002 Phone: (03) 8682 2810 Fax (03) 8682 2808 Email: [email protected] Website: www.parliament.vic.gov.au/dcpc Drugs and Crime Prevention Committee – 56th Parliament Members Mrs Judy Maddigan M.L.A. Essendon – Chair Mr David Morris M.L.A. Mornington – Deputy Chairman Ms Liz Beattie M.L.A. Yuroke Ms Andrea Coote M.L.C. Southern Metropolitan Mr Hugh Delahunty M.L.A. Lowan Mr Shaun Leane M.L.C. Eastern Metropolitan Ms Jenny Mikakos M.L.C. Northern Metropolitan Staff Ms Sandy Cook – Executive Officer Mr Peter Johnston – Senior Legal Research Officer Dr Cheryl Hercus – Research Officer Ms Stephanie Amir – Committee Administrative Officer Page i Functions of the Drugs and Crime Prevention Committee The Victorian Drugs and Crime Prevention Committee is constituted under the Parliamentary Committees Act 2003 (Vic) as amended. Section 7 The functions of the Drugs and Crime Prevention Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with: (a) the use of drugs including the manufacture, supply or distribution of drugs; (b) the level or causes of crime or violent behaviour. Terms of Reference Under s 33 of the Parliamentary Committees Act 2003, the Drugs and Crime Prevention Committee, inquire into, consider and report to the Parliament no later than 30 June 2010 on people trafficking for sex work including: (i) the extent and nature of trafficking people for the purposes of sex work into Victoria from overseas; (ii) the inter-relationship (if any) between the unlicensed and licensed prostitution sectors in Victoria, and trafficking for the purposes of sex work; (iii) the current and proposed intergovernmental and international strategies and initiatives in relation to dealing with trafficking for the purposes of sex work; and (iv) the need for policy and legislative reform to combat trafficking for the purposes of sex work, in Victoria. Acknowledgements The Committee wishes to acknowledge the valuable contribution of Mignon Turpin for her editing work, Matt Clare at Mono Design for the cover design and Karen Taylor for laying out the report. Page ii Chair’s Foreword The majority of Victorians would be horrified if they knew that women are trafficked to Australia for sexual purposes. However, little investigation has been done in this area; evidence in this field is scanty and the victims are often unwilling to speak because of fear of deportation. This report is perhaps an early step in making the community aware of this crime and instituting a better regime to protect these vulnerable women. Whilst immigration is covered by the Federal jurisdiction, the women are employed in Victoria and rely on the support of the Victorian community and Government for protection. The fact that some of the practices described in this report are occurring in Melbourne highlights the difficulty these women have in receiving the level of support they require. In this Report we recommend a special unit in the Department of Justice to work in the sex industry area and particularly with trafficked women. Our work for this Inquiry demonstrated very clearly that people have to be ‘specialists’ in this area; firstly to know what to look for, and secondly to know how to deal with women who are frightened by authority and bullied by their traffickers. The Committee is very grateful for the contribution from the many government and non government organisations, support groups and individuals including public servants, who made submissions to the Committee or who appeared before the Committee. We also thank our staff, particularly Pete Johnston, for their work. We trust that the report will be the start of a pathway that will lead to a halt in the crime of trafficking women for sexual purposes, and provide an alternative route for trafficked women. Judy Maddigan Chair Page iii Recommendations The Drugs and Crime Prevention Committee makes the following recommendations: Coordination and service delivery Whole of government Unit 1. The Committee recommends that the Government should establish a whole of government Sex Industry Regulation, Policy and Coordination Unit. The Office should be located under the responsibility of the Attorney-General in the Department of Justice. (Chapter 16) There is a clear and close connection between sex trafficking and the legal and unregulated sex industry. As such, it is recommended that the Sex Industry Regulation, Policy and Coordination Unit has the responsibility for monitoring sex trafficking as part of its wider oversight role of the Victorian sex industry. 2. The Committee recommends that the role of the Sex Industry Regulation, Policy and Coordination Unit should include: • the regulation and monitoring of all aspects of Victoria’s sex industry (brothels, escort services and all other registered sexual service providers). Specifically with regard to sex trafficking the Unit’s responsibilities should include: • developing and implementing comprehensive sex trafficking policy advice for the Victorian Government; • developing a community engagement strategy to indicate how the public, community organisations and sex industry members can have ongoing input into trafficking policy; • liaising with federal and state agencies, sex industry NGO support and advocacy groups, professionals in the field, community agencies and media; • disseminating information with regard to sex trafficking; • developing and coordinating training programs on sex trafficking; • developing and coordinating a research agenda and commissioning research on trafficking; • developing in liaison with senior media representatives a protocol on the reporting of trafficking issues; • liaising with and supporting local government and community agencies to develop responses to trafficking; • implementing the advice and recommendations of the Trafficking Policy Advisory Group; • identifying available resources and gaps in service delivery in order to plan a response to trafficking at both state and local levels; Page v • identifying key personnel and agencies in the community who have expertise in dealing with trafficking in order to establish a comprehensive referral and resource network; • ensuring that trafficking in persons is also addressed within other state government policies, such as the State Plan to Prevent Violence Against Women; and the • monitoring of sex trafficking exit programs. (Chapter 16) Relevant government agencies and department representatives that could be included in this Unit include Consumer Affairs, Human Services, Health, Women’s Policy, Planning and Community Development, Victoria Police, Education, and representatives of local government such as the City of Melbourne, members of the Victorian Local Governance Association (VLGA) and the Municipal Association of Victoria (MAV). It is envisaged, as in the Commonwealth body, that the Department of Justice would take the lead role in coordinating and chairing the group. Advisory Group 3. The Committee recommends that the Sex Industry Regulation, Policy and Coordination Unit should establish and support an expert Sex Trafficking Advisory Group to provide ongoing formal consultation with government and non- government organisations, representatives from the sex industry, and other community groups. (Chapter 16) NGOs to be represented in the Advisory Group could include specialist organisations such as Project Respect, The Salvation Army and/or ACRATH, RhED/Scarlet Alliance as well as sexual assault centres, community health centres, community legal centres, housing service providers, migrants’ services, etc. Protocols 4. The Committee recommends that clear protocols outlining areas of responsibilities and methods of collaboration and communication be developed between relevant State agencies. This includes local councils, police, Consumer Affairs, and health inspectors. Protocols should be reviewed on a yearly basis to ensure that staff maintain awareness about trafficking and sexual servitude. (Chapter 12) Law and criminal justice issues 5. The Committee recommends that an offence of debt bondage similar to that found in the Commonwealth Criminal Code be enacted in Victoria. (Chapter 6) The Committee believes a debt bondage offence is needed to accompany the offence of sexual servitude already in the Victorian Crimes Act. This offence should mirror its counterpart in the Commonwealth Criminal Code. It is acknowledged that in a great majority of the cases matters pertaining to sex trafficking are referred to the AFP and Page vi dealt with as offences against the Commonwealth. Nonetheless,
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