2.28 The Committee recommends that the
Australian Crime Commission focus their investigations on the methods by which
people traffickers are able to circumvent Australian immigration barriers
through visa fraud.
3.64 The Committee recommends the
formalisation of the existing Interdepartmental Committee (IDC), by the
appointment of a Chairperson and charter, which should state the IDC's formal
responsibility for addressing coordination issues and its authority to issue
recommendations to any relevant authority to address defects in the system.
3.65 The IDC charter should require the
IDC to issue a response to matters referred to it within a stipulated
3.66 The IDC charter should require the
IDC to review its functions after eighteen months in operation and make a
recommendation on its future.
3.95 The Committee recommends the urgent
reassessment of benefits payable to women under the victim support scheme.
Given that a precondition of participation in the scheme is the women's
preparedness to assist Australian law enforcement agencies to prosecute
traffickers, it would be appropriate for women under the scheme to receive
benefits benchmarked against those afforded to witnesses under the Witness
4.36 The Committee recommends that the
following matters be examined in the legislative review announced as part of
the government package:
- The adequacy of existing provisions of the Criminal Code Act
1995 covering recruiting transportation and transfer of women for the purposes
- amending section 270(7) of the Criminal Code Act 1995 to broaden the offence of deception to include
deception regarding not only the type of work to be done, but expressly the
kind of services to be provided, whether of a sexual nature or not;
- adopting the use of victim impact statements in sentencing.
4.44 The Committee recommends the speedy
implementation of the legislative review that forms part of the
anti-trafficking measures announced in October 2003. The review should focus
particularly on the measures needed to ensure Australia's compliance with the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children.
4.45 The Committee further recommends
that the results of this review form the basis for legislative changes that
should be ready for introduction to the Parliament early in 2005.
4.46 That the Protocol be
ratified as soon as possible.
4.64 The Committee recommends that all
trafficked women accepted onto the victim support program or receiving the
Criminal Justice Stay Visa be exempt from compulsory return to their country of
4.83 The Committee recommends that the
government review current visa provisions, and consider changes to ensure that
the Minister for Immigration has the discretion to allow witnesses to return to
their country of origin for short periods to enable contact with their
families. Such a visit should be subject to conditions including reporting