Australian Human Rights Commission Submission to the CEDAW Committee – 12 June 2018 Attorney-General’s Department, National Action Plan to Combat Human Trafficking and Slavery 2015–2019 (2014). At http://www.ag.gov.au/CrimeAndCorruption/HumanTrafficking/Pages/Australiasresponsetohumantraffic king.aspx (viewed 30 May 2018). 58 Such as the reforms to the Human Trafficking Visa Framework (2015) and Australia’s International Strategy to Combat Human Trafficking and Slavery (2016). This Human Trafficking Visa Framework reforms included: availability for survivors of slavery and slavery-like practices; enabling recipients to maintain their lawful status; waiving the Newly Arrived Resident’s Waiting Period (which enables recipients to access English classes, social security payments and other services). 57 The Commission welcomes the Interdepartmental Committee on Human Trafficking and Slavery. The Interdepartmental Committee comprises of eleven government agencies that provide oversight of Australia’s response to human trafficking, including the Attorney-General’s Department, Australian Criminal Intelligence Commission, Australian Federal Police, Australian Institute of Criminology, Commonwealth Director of Public Prosecutions, Department of Employment, Department of Foreign Affairs and Trade, Department of Immigration and Border Protection, Department of Social Services, Department of Prime Minister and Cabinet and Fair Work Ombudsman. See Attorney-General’s Department, Australian Government, Australia’s response to human trafficking. At https://www.ag.gov.au/CrimeAndCorruption/HumanTrafficking/Pages/Australias-response-to-humantrafficking.aspx (viewed 30 May 2018). The Commission also commends legislative amendments that strengthen Australia’s response to human trafficking, including by recognising various slavery-like practices as offences, which were created through the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cth), passed in 2012. The Act amends the Criminal Code Act 1995 (Cth) to introduce offences of servitude (s 270.5), forced labour (s 270.6A), deceptive recruiting for labour or services (s 270.7), forced marriage (s 270.7B), organ trafficking (s 271.7A – 271.7E), and harbouring a victim (s 271.7F). We also note the extension of witness protections to victims of trafficking. The Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (Cth), extends existing vulnerable witness protections to adult victims of slavery, slavery-like and human trafficking offences, and includes specific protections for witnesses who may be vulnerable due to a particular characteristic such as a disability or their cultural background. The Act also places the burden of proving the defendant was aged 18 or over on the prosecution. 59 Australian Human Rights Commission, Submission No 23 to Parliamentary Joint Committee on Law Enforcement, Inquiry into Human Trafficking (4 March 2016). At http://www.humanrights.gov.au/submissions/submission-inquiry-human-trafficking-2016 (viewed 30 May 2018). 60 Joy Ngozi Ezeilo, United Nations Special Rapporteur on trafficking in persons, especially women and children, Mission to Australia, (2012), UN Doc A/HRC/20/18/Add.1, para 82 (g). At http://www.ohchr.org/EN/Issues/Trafficking/Pages/Visits.aspx (viewed 30 May 2018); Joint Standing Committee on Foreign Affairs, Defence and Trade, Trading Lives: Modern Day Human Trafficking (2013). At http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url =jfadt/slavery_people_trafficking/report.htm (viewed 30 May 2018). The Commission also acknowledges the recent parliamentary inquiry and report into the regulatory and legislative aspects of international and domestic surrogacy arrangements, Surrogacy Matters. See: House of Representatives Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Surrogacy Matters (2016). At http://www.aph.gov.au/Parliamentary_Business/Committees/House/Social_Policy_and_Legal_Affairs/I nquiry_into_surrogacy/Report (viewed 30 May 2018). The Committee’s 10 recommendations concern improving access to well-regulated and lawful domestic surrogacy arrangements so that there is less need for Australians to travel overseas to engage in surrogacy (Recommendations 1-6), and to promote better protection of the human rights of birth mothers and the children they carry on behalf of Australian citizens involved in international surrogacy arrangements (Recommendations 7-10). If the recommendations are adopted, it will be a step towards more uniform domestic laws that provide increased access to well-regulated surrogacy 24