Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 9 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 50

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