Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Legislation Amendment Bill (No. 1) 2014 (11 November 2014). At
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Amendm
ent_Bill/Submissions (viewed 11 September 2017); Telecommunications (Interception and Access)
Amendment (Data Retention) Act 2014 (Cth); Australian Human Rights Commission, Submission No 5
to Parliamentary Joint Committee on Intelligence and Security, Inquiry into the Counter-Terrorism
Legislation Amendment Bill (No 1) 2015, 9 December 2015. At
http://www.aph.gov.au/DocumentStore.ashx?id=080c06ef-59cb-4d40-9132f1664588c82c&subId=407290 (viewed 11 September 2017).
178 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 11 September 2017).
179 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: making it available 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.
180 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 11 September 2017).
181 New offences 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).
182 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.
183 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 11 September 2017);
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 11 September 2017).
184 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 11
September 2017).
185 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 11
September 2017).
186 Unregulated surrogacy arrangements can interfere with a surrogate mother’s right to bodily integrity
and to be free from subjection to cruel, inhuman or degrading treatment or to medical or scientific
experimentation without consent. Australian Human Rights Commission, Submission No. 67 to the
House of Representatives Standing Committee on Social Policy and Legal Affairs Inquiry into the
Regulatory and Legislative Aspects of International and Domestic Surrogacy Arrangements, 17
February 2016, 8 [25]-[27]. At http://www.aph.gov.au/DocumentStore.ashx?id=dedb38e1-e23a-44fb99be-9f4bea82f9ba&subId=409138 (viewed 11 September 2017).
187 House of Representatives Standing Committee on Social Policy and Legal Affairs, Parliament of
Australia, Surrogacy Matters (2016). At
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