LEGISLATIVE COUNCIL Select Committee on Human Trafficking in New South Wales Human trafficking in New South Wales Ordered to be printed 19 October 2017 October 2017 i LEGISLATIVE COUNCIL Human trafficking in New South Wales New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. Select Committee on Human Trafficking in New South Wales. Human trafficking in New South Wales / Select Committee on Human Trafficking in New South Wales [Sydney, N.S.W.] : The Committee, 2017. – [xiv, 116] pages ; 30 cm. (Report) Chair: Honourable Paul Green MLC. “October 2017” ISBN 9781922258380 1. Human trafficking—New South Wales. 2. Human trafficking—Prevention—New South Wales. 3. Slavery—New South Wales. 4. Crimes against humanity—New South Wales. I. Title II. Green, Paul. III. Series: New South Wales. Parliament. Select Committee on Human Trafficking in New South Wales. Report ; 1. 364.150944(DDC22) ii October 2017 SELECT COMMITTEE ON HUMAN TRAFFICKING IN NEW SOUTH WALES Table of contents Terms of reference v Committee details vi Recommendations ix Conduct of inquiry xiii Chapter 1 Current response to human trafficking 1 What is human trafficking? 1 Exploitative practices associated with human trafficking 2 A global perspective 3 United Nations 4 United Kingdom’s Modern Slavery Act 2015 5 The Vatican 6 Australian perspective 7 Legislative framework 8 Anti-trafficking strategy 8 New South Wales perspective 12 NSW Police Force 13 Department of Family and Community Services 13 Other inquiries 13 Federal parliamentary committee inquiries 13 Inquiry into the exploitation of people through trafficking, in all its forms in NSW 15 Committee comment 16 Lack of data on the prevalence of trafficking and the influence of organised crime 17 Committee comment 19 Chapter 2 Measures to combat human trafficking 21 Greater coordination 21 Independent anti-slavery commissioner 23 Committee comment 25 Business supply chains 26 Committee comment 30 NSW Government supply chains 31 Committee comment 33 Report - October 2017 iii LEGISLATIVE COUNCIL Human trafficking in New South Wales Enhancing knowledge and awareness 34 Current training and awareness programs 34 What more can be done? 36 Committee comment 38 Chapter 3 Forced labour, the sex services industry and child cybersex trafficking 41 Forced labour 41 Labour hire companies 45 Committee comment 46 The sex services industry 47 Nordic model 51 Prevalence of organised crime in the sex services industry 53 Role of sex services industry advocacy groups 54 Committee comment 55 Child cybersex trafficking 56 Committee comment 59 Chapter 4 Combating forced marriage 63 Forced marriage and underage forced marriage 63 A coordinated response and support for victims 66 Education and awareness programs 72 Committee comment 74 Chapter 5 Support for victims of human trafficking 77 Identifying and supporting victims 77 Calls for an independently operated hotline 77 Support for Trafficked People Program and visa framework 79 Concerns with the current approach 80 Committee comment 84 Victim compensation 85 Committee comment 86 Appendix 1 Submissions 89 Appendix 2 Witnesses at hearings 90 Appendix 3 Federal Parliamentary Joint Committee on Law Enforcement recommendations 93 Appendix 4 Minutes 97 Appendix 5 Dissenting statement 116 iv October 2017 SELECT COMMITTEE ON HUMAN TRAFFICKING IN NEW SOUTH WALES Terms of reference 1. That this House establish a select committee to inquire into and report on human trafficking in New South Wales, and in particular: (a) the role and effectiveness of New South Wales law enforcement agencies in responding to human trafficking including: (i) how New South Wales law enforcement agencies respond to human trafficking, including slavery, slavery like practices such as servitude, forced labour, and people trafficking, (ii) the influence of organised crime in human trafficking in New South Wales, (b) the prevalence of human trafficking in New South Wales, (c) the effectiveness of relevant legislation and policies, (d) the practical measures and policies including security measures to protect New South Wales identity documents that would address human trafficking in New South Wales, and (e) other related issues. 2. That the committee report by 19 October 2017.1 The terms of reference were referred to the committee by the Legislative Council on 9 November 2016.2 1 The original reporting date was ‘by September 2017’ (Minutes, Legislative Council, 9 November 2016, p 1240-1241). The reporting date was extended to 19 October 2017 (Minutes, Legislative Council, 14 September 2017, p 1892). 2 Minutes, NSW Legislative Council, 9 November 2016, p 1240. Report - October 2017 v LEGISLATIVE COUNCIL Human trafficking in New South Wales Committee details Committee members The Hon Paul Green MLC Christian Democratic Party Chair The Hon Natasha Maclaren-Jones MLC Liberal Party Deputy Chair The Hon Greg Donnelly MLC Australian Labor Party Dr Mehreen Faruqi MLC The Greens The Hon Trevor Khan MLC The Nationals The Hon Matthew Mason-Cox MLC Liberal Party The Hon Ernest Wong MLC Australian Labor Party Contact details Website www.parliament.nsw.gov.au/humantrafficking Email [email protected] Telephone 02 9230 3067 vi October 2017 SELECT COMMITTEE ON HUMAN TRAFFICKING IN NEW SOUTH WALES Chair’s foreword … let us reaffirm the inherent dignity of all men, women and children. And let us redouble our efforts to build societies in which slavery truly is a term for the history books. —Ban Ki-moon, Former UN Secretary-General 2 December 2007 Human trafficking is a modern form of slavery. It is a transnational crime that preys on society’s most vulnerable. Many efforts across centuries have been directed to abolish human trafficking and slavery, notable individuals such as William Wilberforce, Abraham Lincoln, St Patrick and Pope Francis come to mind. I am proud to acknowledge in recent years there has been an increased global effort to put an end to this horrific crime and support its victims. It is estimated there are 45.8 million people worldwide and over 4,000 people in Australia who are victims of some form of slavery according to the Global Slavery Index, 2016. My aspiration in conducting this inquiry is to draw a line in the sand for New South Wales. Paving the way for New South Wales to build on the frameworks that have already been implemented in Australia’s fight against human trafficking and slavery. The recommendations included in this report strengthen New South Wales’s response to human trafficking and call on the Australian Government to take further strategic action. Human Trafficking includes slavery and slavery-like practices such as servitude, forced labour, debt bondage, organ trafficking, deceptive recruiting as well as forced marriage and childhood brides. Young girls forced into illegal marriage, exposing them to long term abuse and rape at the consent of their families. Regardless of religious and cultural background it is unacceptable and reprehensible to expose children to a forced marriage, whether that is here in Australia or taking the child overseas. The committee was so appalled by this crime that we have recommended taking the further step to criminalise forced child marriage in New South Wales. This will assist in drawing awareness to the crime and ensure that front-line officials understand its seriousness and how they should appropriately respond to victims. First and foremost this report recommends for the establishment of a Modern Slavery Act for Australia, similar to 2015 legislation in the United Kingdom. The United Kingdom legislation established the office of an independent Anti-Slavery Commissioner to encourage good practice on the prevention, detection, investigation and prosecution of modern slavery offences. The committee has recommended that both Australia and New South Wales adopt this forward- thinking model and appoint independent commissioners. This will assist in providing a coordinated approach between levels of government to combat human trafficking, slavery and slavery like practices. I am passionate about eradicating slavery in the supply chains of our local and global businesses. The committee heard about the excellent work being undertaken by compassionate businesses and individuals including Mr Andrew Forrest AO, Chairman of Fortescue Metals Group. However, this work is not enough by itself; government needs to provide a legislative framework for businesses, faith groups and NGO’s to report on the ethical nature of their supply chains and then commend companies that eliminate slavery. Governments themselves also need to investigate their own supply chains and slave proof them. The NSW Government should introduce tougher requirements in its Code of Practice for Procurement to ensure its departments and other government bodies are ethically sourcing their supplies. Report - October 2017 vii LEGISLATIVE COUNCIL Human trafficking in New South Wales A common theme throughout the evidence for this inquiry is that greater education and awareness of modern slavery is needed among front-line workers such as police officers and health professionals. In addition, communities and families must also be better informed to assist in ending practices such as forced child marriage. Further, the committee heard horrific evidence regarding the growth of child cybersex trafficking. More punitive measures at both state and federal level should be introduced to punish persons guilty of this heinous