317. The extent to which s 501 has been used to refuse or cancel the visas of children is unclear. However, the Commission considers that there would be few circumstances in which a decision to refuse or cancel a child’s visa on character grounds would be compliant with the obligation to consider the child’s best interests.296 318. Visa refusals and cancellations on character grounds may result in children facing indefinite immigration detention, removal from Australia and/or indefinite or permanent separation from family members (including parents). 9.2 Sale, trafficking and abduction (a) Trafficking 319. The Commission welcomes a number of positive initiatives taken by the Australian Government to combat human trafficking, including: • the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2012 • the National Action Plan to Combat Human Trafficking and Slavery 2015– 2019 • the funding of specialist NGOs to deliver education and awareness297 • the introduction of the Modern Slavery Bill 2018, in an effort to address modern slavery in global supply chains.298 320. The Australian Federal Police received 319 new referrals for investigation of human trafficking offences in 2015–2017, 299 including 16 for child trafficking. Twenty people have been convicted of trafficking since 2010, only two of them for child trafficking.300 However, these figures relate to criminal investigations only, and are likely to underestimate the problem.301 321. There are obstacles that may prevent a victim, including children, from making compensation claims and seeking reparations, including difficulties obtaining legal advice about claiming compensation, a lack of visa options to stay in Australia to pursue compensation claims, and limited legal avenues to pursue compensation claims. Further, the existing compensation mechanisms at the state and territory level are inconsistent with the Commonwealth crimes of trafficking and slavery, so that victims 54

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