OpenForum – a blog by the Health and Human Rights community

[Editor's note: This is a guest post written by Ms. Katherine Moloney.]

On 17th June the Federal Government announced changes to its Support for Victims of People Trafficking Program, to take effect as of 1 July. The government has radically reformed its policy with regards to victims of trafficking after years of campaigning by non-government organizations and advocacy groups.  Previously based on the victim’s usefulness to criminal proceedings, the system recognizes the complex needs and vulnerabilities of victims and their difficulties, however willing, in providing a “significant contribution” to a criminal investigation. The program is therefore afforded to all victims regardless of their instrumentality.  Taking a human rights-based approach, the new legislation removes the temporary visa entirely and bases permanent visa attainment on any “contribution” (including a police statement) and a risk of harm if returned home.  Furthermore, the reflection period has been increased to 45 days, with the possibility of extension to 90 days to provide an adequate period over which to seek assistance and make an informed choice about their future.

The Australian Federal Minister for Immigration and Citizenship summarized the legislative changes in a media release on 17 June:

• extending the initial stage of the Support for Victims of People Trafficking Program from 30 to 45 days, and making it available to identified victims irrespective of whether they are willing to assist police. This will provide all victims with an opportunity to recover and seek advice about their future options
• providing up to 90 days assistance for victims who are willing but not able to assist police, due to factors such as trauma. Where the victims do not hold a valid visa they can be granted a second Bridging F visa
• access to the Support for Victims of People Trafficking Program will be available to identified victims who hold any kind of valid visa so victims do not have to relinquish existing visas in order to receive support
• providing up to 20 days transitional support so victims assisting law enforcement can consider their future options, seek legal advice, arrange travel and find support networks after involvement  in the Support for Victims of People Trafficking Program
• removing the temporary visa stage in  the Witness Protection (Trafficking) visa process, and starting the process before the completion of a prosecution. This will reduce the pathway to a permanent visa for eligible victims by at least two years
• reducing the threshold for a Witness Protection (Trafficking) Certificate from having made a “significant contribution” to making “a contribution”
• enabling immediate family members who are outside Australia to be included in an application for a Witness Protection (Trafficking) visa.

This is amazing news and represents a monumental shift forward in the federal government’s policy for trafficking victims.  Indeed, this makes the Australian response an example of global good practice in addressing this issue.  More importantly, Australians can now wait expectantly for the practical implications of this legislation, in the hope that it will be better able to support victims of human trafficking.

For further information see:

Restrictions eased for sex trafficking victims

Overhaul of human trafficking visas ‘will help victims’