Footnotes
[1] Ms Maltzahn, Proof Committee Hansard, 18 November 2003, p. 39
[2] See for example: 'Sick and alone ... tragic end for
a sex slave', The Australian, 13 March 03, p. 3; 'Sold at 12: nightmare ends in
death', Sydney Morning Herald, 13 March 03, p. 7; 'Officials impotent on sex
slave trade', Weekend Australian, 29 March 03, p. 15; 'Officials ignored sex
slave's offer of help', the Australian, 1 April 03, p. 13.
[3] Made via the Telecommunications
Interception and Other Legislation Amendment Act 2003, which came into
force on 12 November 2003.
[4] AGD, Submission 36 and Attachment: News Release, 'Australian
government announces major package to combat people trafficking', 13 October
2003.
[5] Ms Blackburn, Proof Committee Hansard, 26 February 2004, p. 14
[6] Adopted by resolution A/RES/55/25 of the UN
General Assembly on 15 November 2000. As at 28 August 2003 the Convention had
147 signatures and 41 parties, while the Protocol had 117 signatures and 31
parties. ADG, Submission 36, p. 4-5
[7] Ms Gallagher, Submission 23, p. 3
[8] AFP, Submission 37, p. 1
[9] AFP, Submission 37, p. 1
[10] Ms Gallagher, Submission 23, p. 4
[11] Project Respect, One victim of trafficking is one too many: counting the human cost of
trafficking, March 2004.
[12] Mr Kitson, Proof
Committee Hansard, 26 February 2004, p. 45; Dr Moyle, Proof Committee Hansard, 25 February 2004, p. 59
[13] Ms Gallagher, Submission 23, p. 4
[14] Project Respect, Submission 25, p. 7
[15] Ms Hoban, School of Health Sciences, Submission 14,
p. 2
[16] DIMIA, Submission 37, Attachment A
[17] Ms Gallagher, Submission 23, p. 4
[18] Project Respect, Submission 25, p. 7
[19] Confidential evidence.
[20] Ms Gallagher, Submission 23, p. 4
[21] 'Sold at 12: nightmare ends in death', Sydney
Morning Herald, 13 March 2003, p. 7
[22] Confidential evidence
[23] 'Deals on sex slaves in lobby of hotel', Weekend
Australian, 26 July 2003, p. 3
[24] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 20
[25] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 20
[26] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 23
[27] Det Supt Migro, Proof Committee Hansard, 25 February 2004, p. 47. See also comments
at p. 52
[28] Project Respect, Submission 25, p. 4. This view
is also taken by the Australian Section of the International Commission of
Jurists, Submission 8, p. 3, quoting the UN Special Rapporteur.
[29] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 18
[30] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 18
[31] Project Respect, Submission 25, p. 4. See also 'Officials
impotent on sex slave trade', Weekend Australian 29 March 2003, p. 15
[32] Ms Maltzahn & Ms Costello, Proof Committee Hansard, 18 November
2003, p. 34-35
[33] Ms Maltzahn & Ms Costello, Proof Committee Hansard, 18 November
2003, p. 34-35
[34] Ms Gallagher, Submission 23, p. 4; see also Project
Respect, Submission 25, p. 4
[35] Project Respect, Submission 25, p. 4
[36] 'Deals on sex slaves in lobby of hotel', Weekend
Australian, 26 July 2003, p. 3
[37] Christopher Payne, Trafficking and sexual
servitude in Australia, Department of the Parliamentary Library, Vital Issues
Seminar, 20 August 2003, p. 6
[38] Project Respect, Submission 25, p. 8
[39] Det Supt Migro, Proof Committee Hansard, 25 February 2004, p. 52
[40] Det Snr Sgt McKinney, Proof Committee Hansard, 25 February 2004, p. 40
[41] Dept of the Parliamentary Library, Trafficking and the sex industry: from
impunity to protection, May 2003, p. 3
[42] Dept of the Parliamentary Library, Trafficking and the sex industry: from
impunity to protection, May 2003, p. 3
[43] Det Snr Sgt McKinney, Proof Committee Hansard, 25 February 2004, p. 39
[44] Project Respect, Submission 25, p. 9
[45] Det Snr Sgt McKinney, Proof Committee Hansard, 25 February 2004, p. 34-36. See also
Scarlet Alliance, Submission 27, p. 11
[46] Det Snr Sgt McKinney, Proof Committee Hansard, 25 February 2004, p. 34-36. Mr McKinney
later notes that since the introduction of the new legislation, and the
publicity surrounding recent cases of sexual servitude, these conditions have
become less common, with women billeted out to various households.
[47] See also the example given by Christopher Payne, 'Trafficking
and sexual servitude in Australia', Department of the Parliamentary Library,
Vital Issues Seminar, 20 August 2003, p. 2. Note also the example of Noi, a
Thai woman who was bought by a syndicate and imprisoned in a brothel in
Newtown. After paying off her contract she worked on her own behalf in brothels
in Sydney and Melbourne. 'Officials ignored sex slave's offer of help', the
Australian, 2 April 2003, p. 13
[48] Confidential evidence
[49] Project Respect, Submission 25, p. 8. See also Ms
Hoban, Submission 14, p. 2
[50] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 48
[51] Confidential evidence
[52] Project Respect, Submission 25, p. 10
[53] Project Respect, Submission 25, p. 12. See also
Ms Hoban, Submission 14, p. 3
[54] Project Respect, Submission 25, p. 9; Det Snr Sgt
McKinney, Proof Committee Hansard, 25
February 2004, p. 41; Ms Costello, Proof
Committee Hansard, 18 November 2003, p. 41
[55] Project Respect, Submission 25, p. 10
[56] DIMIA, Submission 38, Attachment A
[57] Mr McMahon, Proof
Committee Hansard, 26 February 2004, p. 39
[58] Mr McMahon, Proof
Committee Hansard, 26 February 2004, p. 39
[59] Mr Wolfe, Proof
Committee Hansard, 18 November 2003, p. 4; Mr Miles, Proof Committee Hansard, 25 February 2004, p. 4
[60] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 21
[61] Project Respect, Submission 25, p. 10. See also
Ms McMahon, Proof Committee Hansard, 25 February 2004, p. 19
[62] Det Supt Migro, Proof Committee Hansard, 25 February 2004, p. 47
[63] 'Two on sexual slavery charges', the Australian,
25 February 2004, p. 3
[64] Project Respect, Submission 25, p. 10
[65] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 20
[66] Mr McMahon, Proof
Committee Hansard, 26 February 2004, p. 34
[67] Ms Moyle, Proof
Committee Hansard, 25 February 2004, p. 58
[68] AGD, Submission 36, p. 2
[69] AGD, Submission 36, p. 4
[70] Ms Gallagher, Submission 23, p. 3
[71] AGD, Submission 36, p. 4
[72] Project Respect, Submission 25, p. 7
[73] Project Respect, 'One victim of trafficking is one too many': counting the human cost of
traffickers, March 2004.
[74] Scarlet Alliance, Submission 27, p. 7
[75] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 4
[76] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 39
[77] Australian ICJ, Submission 8, p. 3
[78] Ms Futol, Proof
Committee Hansard, 18 November 2003, p. 74
[79] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 39
[80] Scarlet Alliance, Submission 27, p. 12
[81] ACC, Submission 29, p. 3. Mr Milroy, Proof Committee Hansard, 26 February
2004, p. 41. 'Midas' is the ACC special investigation into money laundering.
[82] AFP, Submission 37, p. 6
[83] AFP, Submission 37, p. 1-2
[84] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 2
[85] AFP website www.afp.gov.au
accessed 21 April 04.
[86] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 2
[87] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 2 & 10: Ms Fagan, Proof Committee Hansard, 26 February
2004, p. 7
[88] 'Man bailed on sex slave charges', Sydney Morning
Herald, 20 June 2003, p. 2. 'Trafficking and Sexual Servitude in Australia',
Presentation by Christopher Payne, Department of the Parliamentary Library, 20
August 2003, p. 1.
[89] DIMIA, Submission 38, p. 2
[90] There are indications of a long term awareness of
the problem by DIMIA, which as early as 1996 published a discussion paper on
trafficking in women, which another task force reported in December 2002.
'Immigration knew of sex slave trade', Australian, 15 May 2003, p.3
[91] DIMIA, Submission 38, p. 3
[92] Mr McMahon, Proof
Committee Hansard, 26 January 2004,
p. 32
[93] DIMIA, Submission 38, p. 3
[94] DIMIA, Submission 38, p. 3
[95] AGD, Submission 36, p. 10
[96] This includes the Community policing role of the
Australian Federal Police in the Australian Capital Territory.
[97] Mr Wolfe, Proof
Committee Hansard, Melbourne, 18 November 2003, p. 2
[98] Mr Wolfe, Proof
Committee Hansard, Melbourne, 18 November 2003, p. 4. Note also Consumer
Affairs Victoria which administers the brothel licensing system via the
Victorian Administrative Tribunal, while WorkCover New South Wales have
legislative powers that focus on health and safety in workplaces in NSW. Mr
Miles, Proof Committee Hansard, 25
February 2004, p. 7, and '"Sex slaves" tell of trickery and terror',
the Age, 22 August 2003, p.7
[99] Ms Blackmore, Proof
Committee Hansard, 26 February 2004, p. 15
[100] Ms Blackmore, Proof Committee Hansard, 26 February 2004, p. 15
[101] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 15 & 18
[102] Australian ICJ, Submission 8, p. 2. See also the
comments of Ms Moyle, Proof Committee
Hansard, 25 February 2004, p. 58.
[103] Ms Blackburn, Proof Committee Hansard, 26 February 2004, p. 14
[104] AGD, Submission 36, p. 11
[105] AGD, Submission 36, Attachment: News Release, 13
October 2003, p. 15
[106] Mr Kitson, Proof
Committee Hansard, 26 February 2004, p. 48
[107] AFP, Submission 37, p. 6
[108] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 2 & 11. See also AFP, Submission
37, p. 3
[109] Ms Blackburn, Proof Committee Hansard, 26
February 2004, p. 30
[110] Mr Milroy, Proof
Committee Hansard, 26 February 2004,
p. 47
[111] Mr Clark, Proof
Committee Hansard, 26 February 2004,
p. 45
[112] DIMIA, Submission 38, p. 2
[113] DIMIA, Submission 38, p. 2
[114] Det Supt Migro, Proof Committee Hansard, 25 February 2004, p. 51
[115] see for example, the discussion with officers of
the Attorney General's Department in the Proof
Committee Hansard, 26 February 2004,
p. 29 et seq; and with the Office of the Status of Women, Proof Committee Hansard, 30 March 2004, p. 2-7.
[116] Ms Blackburn, Proof Committee Hansard, 26
January 2004, p. 29
[117] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p.
7
[118] Project Respect, Submission 25, p. 13.
[119] Mr Christopher Payne, 'Trafficking and Sexual
Servitude in Australia', Department of the Parliamentary Library - Vital Issues
Seminar, 20 August 2003, p.4 [Transcript] See also ABC Radio National, The Law
Report, 'Human Trafficking', 15 November 2000, p. 4
[120] Mr Wolfe, Proof
Committee Hansard, Melbourne, 18 November 2003, p. 3
[121] Mr Wolfe, Proof
Committee Hansard, Melbourne, 18 November 2003, p. 11
[122] See generally the evidence given by Mr Miles, Proof Committee Hansard, 25 February
2004, p. 1
[123] Ms McMahon, Proof
Committee Hansard, 25 February 2004, p. 16-17
[124] Mr McMahon, Proof
Committee Hansard, 26 February 2004, p. 38
[125] a point noted by the Hon Mr Kerr, Proof Committee Hansard, 25 February
2004, p. 45
[126] Senator the Hon Kay Patterson, Media Release 20
April 2004, 'Trafficking victim support contract awarded.'
[127] Eg Victorian Immigrant and Refugee Women's Coalition,
Submission 12, p. 1; Darwin Centre Against Rape, Submission 16, p. 2
[128] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 13
[129] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 14
[130] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 8
[131] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 5
[132] Project Respect, Submission 25, p. 16. See also
Miss Wczfwski, Submission 3, p. 1; WRANA, Submission 33, p. 1
[133] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 31
[134] Iselin Consulting, Submission 6, p. 5
[135] Ms Gallagher, Submission 23, p. 8
[136] Iselin Consulting, Submission 6, p. 9
[137] Detective Senior Sergeant McKinney, Proof Committee Hansard, 25 February 2004, p. 42
[138] Project Respect, Submission 25, p. 15
[139] Project Respect, Submission 25, p. 16
[140] Mr Wolfe, Proof
Committee Hansard, Melbourne, 18 November 2003, p. 6 & 10
[141] Detective Senior Sergeant McKinney, Proof Committee Hansard, 25 February 2004, p. 43
[142] a point noted by the Women Lawyers of Western
Australia, Submission 18, p. 3. see also Iselin Consulting, Submission 6, p. 4
[143] Detective Senior Sergeant McKinney, Proof Committee Hansard, 25 February 2004, p. 43
[144] Support for victims of people trafficking
programme, Attachment D, Communication and operation protocol, p. 31
[145] The Hon Mr Kerr, Proof Committee Hansard, 30 March 2004, p. 9
[146] The Hon Mr Kerr, Proof Committee Hansard, 30 March 2004, p. 12
[147] Established for example, under the Witness Protection Act (1994) Cth, or
the Witness Protection Act (1995)
NSW.
[148] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 10
[149] Confidential evidence
[150] Mr Keelty, Legal and Constitutional Legislation
Committee, Estimates Committee Hansard,
27 May 2003, p. 335
[151] Mr Keelty, Legal and Constitutional Legislation
Committee, Estimates Committee Hansard,
27 May 2003, p. 333
[152] confidential evidence
[153] Project Respect, Submission 25, p. 17. See also
Scarlet Alliance, Submission 27, p. 15; WRANA, Submission 33, p. 1
[154] Ms Flanagan, Proof
Committee Hansard, 30 March 2004, p. 15
[155] Committee
Hansard, 18 Nov 2003, p.31
[156] Iselin Consulting, Submission 6, p. 10 - a point
also made by Project Respect, Submission 25, p. 25
[157] Note that the issue of detention and removal of
trafficked women is considered separately in Chapter 4.
[158] AGD, Submission 36, p. 12
[159] The Hon Senator Ellison, Minister for Justice
and Customs, Senate Hansard, 30 March 2004, p 21984
[160] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 36-37
[161] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 36-37
[162] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 49
[163] Ms Maltzahn, Proof
Committee Hansard, 18 November 2003, p. 49. See also the comments of Ms
Costello, same page, and Project Respect, Submission 25, p. 11
[164] The only successful prosecution having occurred
in Victoria, although not under the sexual slavery laws. Det Snr Sgt McKinney, Proof Committee Hansard, 25 February
2004, p. 33 et seq
[165] Mr Lawler, Proof
Committee Hansard, 26 February 2004, p. 3. See also Mr Keelty, Legal and
Constitutional Legislation Committee, Estimates
Committee Hansard, 27 May 2003, p. 331
[166] Ms Flanagan, Proof Committee Hansard, 30 March 2004, p. 20
[167] AGD, Submission 36, p. 6
[168] Section 73(1)
[169] Section 73(2)
[170] Section 268(16)
[171] Section 233A
[172] AGD, Submission 36, p. 7
[173] Australian Crime Commission amendment Bill 2003,
Explanatory Memorandum, p. 2
[174] Australian Crime Commission amendment Bill 2003,
Explanatory Memorandum, p. 6
[175] AGD, Submission 36, p. 8
[176] Australian ICJ, Submission 8, p. 1
[177] Australian ICJ, Submission 8, p. 2-3
[178] See for example, submissions 8, 9, 13, 16 and
17.
[179] Australian ICJ, Submission 8, p. 3. Australia is
a signatory to all three of these international instruments.
[180] Australian ICJ, Submission 8, p. 6
[181] Australian ICJ, Submission 8, p. 6
[182] See chapter 2.
[183] Human Rights Committee - NSW Young Lawyers, Submission
9, p. 4
[184] Australian ICJ, Submission 8, p. 12-14
[185] AGD, Submission 36, p. 6
[186] AGD, Submission 36, p. 8-9
[187] Australian Federation of University Women, Submission
19, p. 2
[188] AGD, Submission 36, p. 9
[189] DIMIA, Submission 38, Attachment A
[190] See also: Ms Maltzahn, Committee Hansard, 18 November 2003, p. 31; Det Snr Sgt McKinney, Committee Hansard, 25 February 2004, p34
[191] NSW Public Health Association, Submission 1, p.
6
[192] Australian Federation of University Women,
Submission 19, p. 1; and Centre Against Sexual Assault House, Submission 21 p.
3
[193] Ms Vichie, Proof Committee Hansard, 18 November 2003, p. 51
[194] Mr McMahon, Proof Committee Hansard, 26 February 2004, p. 33
[195] Ms Blackburn, Proof Committee Hansard, 26 February 2004, p. 19
[196] See discussion in Chapter 3.
[197] Ms Osborne, Committee
Hansard, 25 February 2004, p. 10
[198] Project Respect, Submission 25, p. 24
[199] Iselin Consulting, Submission 6, p.9
[200] Ms Moyle, Proof Committee Hansard, 25 February 2004, p. 55
[201] Ms McMahon, Proof Committee Hansard, 25 February 2004, p. 18 et seq
[202] Ms McMahon, Proof Committee Hansard, 25 February 2004, p. 27
[203] Ms McMahon, Proof Committee Hansard, 25 February 2004, p. 24
[204] Submission no 27, p. 23
[205] Australian ICJ, Submission 8, p. 5
[206] Catholic Women's League, Submission 20, pp. 2-3
[207] Professor Jeffries, Proof Committee Hansard, 18 November 2003, p. 57. See also CATWA,
Submission 39
[208] Catholic Women's League, Submission 20, pp. 3
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