Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
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Other issues
Issue: Extradition
LOIPR: paras 22-23
Relevant provisions of the CAT: Article 3
220.
In 2012, the Government passed the Extradition and Mutual Assistance in
Criminal Matters Legislation Amendment Act 2012 (Cth). The Act amended s
22(3)(b) of the Extradition Act 1988 (Cth) to align the wording of the Act with
Australia’s non-refoulement obligations under article 3 of the CAT.
221.
The Act also amended the Mutual Assistance in Criminal Matters Act 1987
(Cth) to provide for mandatory refusal of mutual assistance where there are
substantial grounds for believing that if the request for mutual assistance was
granted, the person would be in danger of being subjected to torture.138 This
was previously a discretionary ground.
222.
The Commission has welcomed these reforms.139
Issue: Trafficking
LOIPR: para 12
Relevant provisions of the CAT: Article 2
223.
In 2012 the Commonwealth Government passed the Crimes Legislation
Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act
2013 (Cth). The Act introduced measures to fortify the prohibition of trafficking
and slavery including the establishment of new offences of forced marriage
and organ trafficking and an expansion of the definition of exploitation to
include slavery-like practices. The Commission has expressed support for the
introduction of these offences informed by a human rights based approach,
and noted the need to introduce a federal victims’ compensation scheme for
victims of trafficking, slavery and slavery-like conditions and improve support
services for victims.140
Child trafficking
224.
Australia has ratified the Optional Protocol to the CRC on the Sale of Children,
Child Prostitution and Child Pornography (OPSC).
225.
The Commission welcomes the Government’s initiatives related to child
trafficking. These initiatives include the National Plan of Action to Combat
Trafficking in Persons: Tomorrow’s Children, Australia’s National Plan of
Action against the Commercial Sexual Exploitation of Children and the
Australian Policing Strategy to Combat Trafficking in Persons 2011-2013.141
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