Justice Project: Pro Bono Tool
People who have been trafficked and exploited
More information about this project can be found here. This project has been endorsed by the Law Council of Australia.
Priorities identified in the Justice Project Final Report
Priorities Identified in the Justice Project Final Report[i]:
- Introduce a national statutory compensation scheme for victims of human trafficking and slavery in Australia, which recognises psychological harm suffered by victims, is not dependent on cooperation with authorities, and which allows victims who are not permanent residents/citizens to remain in Australia until their applications are processed.
- Strengthen local responses to trafficking and exploitation through improving identification of victims and referring identified victims to appropriate support. This should include:
- engaging in further research on the barriers to identification of victims of trafficking and exploitation in Australia, and addressing these barriers; and
- delivering effective training on the indicia of trafficking and exploitation and referral pathways to frontline officers of government agencies. This training should be compulsory and ongoing for child protection workers, police and health workers, and also available as required to community lawyers, non-government organisations and relevant third-party stakeholders.
- Revise the threshold for access to the Support Program (Program) and the Human Trafficking Visa Framework (Framework), which requires a victim to make a ‘significant contribution to an investigation’ to reflect a human rights-based approach. Preferably, access to the Program and Framework should be de-linked from cooperation with law enforcement in any investigation. If that is not possible, then at a minimum:
- In cases of forced marriage, participation or willingness to participate in any investigation should not be required in order to access the Program and Framework.
- In all other cases, access to the Program and Framework should be granted based on the willingness of the victim to contribute to an investigation, rather than a ‘significant contribution’.
- Improve data collection on trafficking and exploitation in Australia to ensure evidence-based policy development and service delivery, including through:
- developing and implementing a consistent approach to data collection as between relevant Commonwealth agencies and state and territory agencies;
- filling gaps in existing data through coordination between referral agencies and support services; and
- creating a national reporting mechanism for forced marriage, including instances in which a successful intervention has prevented a forced marriage.
- Engage with community stakeholders to improve education and awareness raising campaigns to prevent forced marriage, with a particular focus on targeting young people in schools, including in regional, rural and remote areas.
- Introduce forced marriage protection orders, which should provide a pathway for access to the Family Law Watchlist, where there is a concern that a victim or potential victim of a forced marriage will be unlawfully removed from the country (regardless of their age). These orders should be included on a national database.
- Engage with vulnerable communities and employers in high-risk industries to raise awareness about labour exploitation, especially outside urban centres, and improve oversight of employers in high-risk industries.
- Undertake independent evaluations of the efficacy of government and non-government programs that address human trafficking and slavery, from a human rights-based perspective.
- Continue funding the Australian Institute of Criminology’s ongoing research series on human trafficking, including the development of a monitoring program on human trafficking in order to better understand the incidence of human trafficking, slavery and slavery-like practices in Australia.
- Improve coordination between Commonwealth, state and territory governments and civil society to strengthen response to trafficking and exploitation, including through incorporating responsibilities for state and territory governments into the National Action Plan (‘NAP’).
- Ensure dedicated and continuous funding for the NAP, including stable funding for programs operated by civil society that form part of Australia’s response to human trafficking.
- Improve integration of programs operated by civil society that form part of Australia’s response to human trafficking with the NAP, including through articulating the role of civil society and linking the programs to the outcomes of the NAP.
[i] The Justice Project Final Report published by the Law Council of Australia (Aug 2018) can be found here.
Justice Project: Pro Bono Tool Summaries
Directory of Organisations
Quick links to organisations by location
Quick links to tables by location:
National
Organisations | Information for Pro Bono Providers | Direct Legal Services | Law Reform |
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Anti-Slavery Australia The only specialist centre providing free legal and migration services to people who have experienced or are at risk of modern slavery in Australia. Through our holistic, person-centred approach, we help our clients navigate the legal process including providing advice and assistance on immigration, citizenship, employment law, family law, criminal law and victims’ compensation | To contact Anti-Slavery for volunteer roles, see here | ✔ | ✔ |
Salvation Army Safe House The Salvation Army Freedom Partnership is a national movement to ensure Australians do not contribute to the global problem of slavery and that people are not enslaved in Australia. The Salvation Army operates a Safe House for women who have experienced trafficking and slavery in Australia. The Safe House is located in Sydney but takes referrals from across Australia. | To contact Salvation Army, see here | ✔ | ✔ |
New South Wales (NSW)
Pro bono providers are encouraged to contact the Pro Bono Referral Schemes and Organisations to source pro bono matters. In New South Wales, please contact Justice Connect.
Organisations | Information for Pro Bono Providers | Direct Legal Services | Law Reform |
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Mercy Foundation Mercy Foundation has been challenging unfair structures and systems that result in modern slavery by taking action and working in partnership with other organisations, providing seed funding for projects, advocacy with all levels of government and education to help bring about real change. | To become involved, see here | ✔ |
Tasmania (TAS)
Organisations | Information for Pro Bono Providers | Direct Legal Services | Law Reform |
---|---|---|---|
Women’s Legal Service Tasmania From our office in Hobart we provide confidential and free legal advice and referral to women right across Tasmania through our telephone advice line. In addition to providing telephone advice, we are at times able to take on casework for clients throughout Tasmania who need representation with their legal matters. | To get in contact with Women’s Legal Service Tasmania, see here | ✔ | ✔ |
Western Australia (WA)
Pro bono providers are encouraged to contact the Pro Bono Referral Schemes and Organisations to source pro bono matters. In Western Australia, please contact Law Access.
Organisations | Information for Pro Bono Providers | Direct Legal Services | Law Reform |
---|---|---|---|
Circle Green Community Legal Circle Green is a community legal centre in WA providing state-wide specialist legal services in a variety of matters including humanitarian services aimed at assisting people who are otherwise disadvantaged in their access to legal services. | To contact, see here | ✔ | ✔ |
[i] The Justice Project Final Report published by the Law Council of Australia (Aug 2018) can be found here.
Please note the Centre undertook the research to identify which priorities have been mapped to individual organisations. Not all organisations have confirmed yet whether the identified priorities are accurately mapped.