Call for National Compensation Scheme For Victims Of Human Trafficking and Slavery
Thursday 27 October 2016 @ 11.24 a.m. | Crime
The Law Council of Australia and Anti-Slavery Australia have released a policy document calling for a national compensation scheme to be established for survivors of human trafficking, slavery and slavery-like practices. The Law Council of Australia and Anti-Slavery Australia said that existing state and territory schemes are inadequate, and that a national framework would send a strong message about Australia’s commitment to human rights.
In February this year, the Law Council of Australia also called for a national compensation scheme in a submission to the Federal Parliament Joint Committee on Law Enforcement’s inquiry into human trafficking. The Joint Committee was dissolved following the general election in July and the inquiry lapsed. On 12 October 2016, the new Joint Committee re-initiated the inquiry and will be considering previously received submissions, including the Law Council’s, as well as accepting new ones.
In an opinion piece on ABC News, Fiona McLeod SC, the president-elect of the Law Council of Australia, said:
“We tend to think of slavery as a relic of the past, when in fact it is very much alive in 21st century Australia.
The sad truth is that every day in Australia there are people being exploited and abused, controlled through intimidation and threats with no ability to seek help or access vital support services…
As a wealthy, democratic nation we have a responsibility to lead on this global problem.
We should start sending the message that trafficking and exploitation are criminally unacceptable; an egregious abuse of human rights that is not tolerable under any circumstances.
And we should refocus our response on supporting the victims of these horrendous crimes.”
A National Scheme
The report notes that, currently, victims of trafficking may have access to State and Territory compensation schemes. However, these schemes are not designed to provide compensation for victims of Federal crimes. This means that victims may have to apply multiple times for compensation relating to the harm they have suffered in separate jurisdictions if they have been moved across borders. Each jurisdiction also has separate criteria for time limits and amounts of compensation available.
The report suggests introducing a Federal scheme with mechanisms similar to two currently existing model – the Australian Victims of Overseas Terrorism Payments Scheme and the Defence Abuse Repatriation Scheme. The report notes that:
“Payments under these schemes are not categorised as compensation, despite the fact that the schemes effectively fulfil the purpose of compensating people for harm or injury. Categorising payments in this way makes it easier for survivors to access the payment, since there is no need to prove liability (which is required for statutory compensation).”
Key Issues
The report outlines other key issues that will need to be considered in establishing a scheme, including how a national scheme would interact with the existing State and Territory compensation schemes, sources of funding for the national scheme, how to determine eligible applicants, the amounts that could be awarded and appropriate standards of proof.
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