Clare O'Neil (Hotham, Australian Labor Party, Shadow Minister for Justice) Share this | Link to this | Hansard source

It's a great pleasure to provide some comments on behalf of the opposition in the second reading debate on the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016. I do so noting that the bill before the parliament is not a subject of controversy; it's part of the ongoing work of this parliament that most of the public don't get to see, where both sides of politics work pretty collaboratively together. Some of the measures here are tidying up legal issues. There are some minor improvements to aspects of the way the law works, and so Labor will be supporting the bill. Labor supports the many measures in this bill which will improve and resolve some inconsistencies and issues in our federal criminal laws, particularly with regard to international crime cooperation. The bulk of the bill implements improvements to Commonwealth legislation to assist international crime cooperation, including additional assistance to the International Criminal Court and international war crimes tribunals; further alignment of the Mutual Assistance in Criminal Matters Act and the Proceeds of Crime Act; and some changes related to extradition and foreign evidence.

This first and central change makes some arrangements that will be more suitable to the collaboration between international bodies and Australia's law enforcement agencies. Australia's capacity to provide assistance to the International Criminal Court and international war crimes tribunals in criminal matters is currently more limited than our ability to assist foreign countries. That's problematic, because most of the public would be aware that the internationally created crime bodies are often UN organisations which we as a country should feel very comfortable dealing with. We perhaps need to think carefully about how we engage with some foreign governments who have very different judicial standards and systems, so it doesn't make sense that it's harder for us to engage with those very robust international bodies than it is for us to engage with foreign countries. This bill will amend various Commonwealth acts to ensure that the formal and informal assistance which we can currently provide to foreign countries can be provided to the International Criminal Court and to international war crimes tribunals.

The International Criminal Court is a core aspect of justice in a global world. It prosecutes and brings to justice those responsible for some of the worst crimes against humanity: genocides, war crimes and these sorts of things. As a state party to the Rome statute, Australia has a very clear obligation to cooperate fully with the International Criminal Court's investigations and prosecutions. International war crimes tribunals try those accused of committing atrocities and crimes against humanity during war. Australia can and should assist tribunals to perform that critical work, and some of the amendments contained in this bill are an important way in which we can support the work of those two organisations.

Importantly, this assistance will be subject to the same pressure that currently applies to the assistance that we provide to foreign countries. This means that the use of powers under the acts before us will be subject to the same safeguards as apply for foreign and domestic law enforcement purposes. And I'll note that the Law Council of Australia, which was the only stakeholder to make a substantive contribution on the proposal before us, was supportive of the amendments that we're passing through this process. Labor also supports these amendments, which I believe will strengthen our ability to assist these international bodies.

The assistance that we provide to international criminal justice organisations is not the only aspect of the bill which is of interest to Labor. The bill also tackles the issue of slavery. As shadow minister for justice, I speak on behalf of the Australian Labor Party, and we are very passionate about the issue of eradication of slavery and slavery-like offences. Human trafficking, slavery and slavery-like practices are very serious crimes—not to diminish the fact that they are clear, gross and grave abuses of human rights. We know that these crimes are happening right here in Australia. At every opportunity that I'm given to speak about these issues, I talk to Australians about the fact that we know there are more than 4,000 people living in this incredible, beautiful, free country of ours who are existing in slavery-like conditions.

I am horrified by the consistent media reports that highlight the scourge of worker exploitation in Australia. You need only open a newspaper and perhaps every few days or every few weeks you will come upon an explosive story, one that should shock every Australian, about workers who are being paid as little as $3 an hour. We hear stories of this incredibly awful practice of forced marriage, which is happening in suburbs like some of those that I represent as the member for Hotham. Forced marriage refers to the practice where often young people who are usually in a family environment have a marriage arranged for them. Often they're not even aware of the marriage. Some of the stories that my staff and I have been exposed to concern young people being told that they're going on a holiday, perhaps in the country of birth of their parents, and they're very much looking forward to the holiday. They arrive in the foreign country, only to find that a marriage has been arranged by the parents and they're actually there for their wedding. I don't need to note that that is absolutely contrary to the fundamental human rights of the people concerned and to our values here in Australia. I'm very passionate about looking into what we can do, and there is a lot more we can do to assist those who are in that circumstance.

I want to make mention of the circumstances of some of the 4,000 or so people who are trapped in slavery right here in Australia right now. This story is very typical of the ones I hear. It's the story of a woman who came to Australia to work as a housekeeper. She worked 12 hours a day, seven days a week. The family she was living with took her passport away from her. They told her they were taking it to apply for her permanent visa, and she believed up till that point that the family she was living with were trying to assist her, trying to help her. But instead they kept her passport, and she remained there trapped, working for three years without pay. It is amazing to think that, in the suburbs of Australia, this sort of thing is happening. This is just one of many examples I could provide of this horrifying issue, which is just too prevalent in Australia.

Labor has a really proud track record on these issues. In government, Labor passed the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 and the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection And Other Measures) Act 2013, which strengthened Australia's ability to prosecute offenders and protect victims. A key provision of the slavery act that was passed by Labor was the introduction of new offences of forced marriage, forced labour, harbouring a person for the purposes of furthering an offence of trafficking, and organ trafficking. All of these offences were included in the Commonwealth Criminal Code. The bill today will make some minor changes, which will support Labor's work in this area. I am passionately committed to continuing to improve our criminal law in this area.

The reality is that having good laws is sometimes not enough. We need to make sure that critical organisations like the Australian Federal Police are sufficiently resourced to fight these battles out on the streets of our country. Unfortunately, what we see on the other side of the chamber is $184 million in cuts to the Australian Federal Police over the forward estimates.

Currently, section 270.10 of the Criminal Code sets out matters to which a trier of fact may have regard in determining whether an alleged victim of a slavery-like offence has been coerced, threatened or deceived. This bill will expand the list of matters that the court is allowed to consider to looking at the economic relationship with the parties who may have committed this crime; and the terms of any contract or agreement not just between the alleged victim and the alleged offender but also between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender and any other person. This change is important because it covers situations where family members might pledge the services of another family member.

This change will also allow courts to consider the extent of the victim's social or physical dependence not just on the offender but also on another person. Unfortunately, so many of the instances of slavery, slavery-like conditions or forced marriage do have that key ingredient of economic dependence, and I'm pleased to see that the government has moved forward with a bill that will take that change into the federal criminal law.

The disappointing fact is that despite the prevalence of modern slavery in Australia we are struggling to prosecute the perpetrators of these crimes, and it's really important for the chamber to note this. It's not good enough—and we should all be aware of this—for us to just have laws which prohibit slavery. That is not legislators doing their job, because if we do not provide support for the enforcement of these laws then crimes go on in the community. Just having the right thing written on a piece of paper does not protect any Australian unless it's absolutely clear that there are enforcement capabilities to ensure that the law is being followed, and that is part of what is lacking in this system today.

Labor is absolutely committed to protecting and supporting the victims of serious Commonwealth offences, such as slavery and human trafficking. This has been another area where I think the parliament needs to pick up its act a little bit. That's why, in government, Labor passed the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013. This act provided a range of supports and protections for vulnerable witnesses, including disallowing inappropriate or aggressive cross-examination of witnesses who are deemed to be very vulnerable; facilitating the use of video recordings, so witnesses are not having to be in a strange place to appear in front of someone who may have perpetrated a crime; and, in addition, enabling a vulnerable witness some additional protections.

Schedule 5 of this bill will amend the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 to extend those supports that I've just described to proceedings commenced after the commencement of schedule 5 of the bill. These victims are some of the most vulnerable in society. They deserve support and assistance when they go through this incredibly brave process of going through the criminal justice system and seeking a just outcome for all Australians.

Schedule 5 of the bill will amend the Crimes Act to ensure that the publishing without leave of the court of any matter that identifies, or is likely to identify, a child witness or adult vulnerable complainant also extends to child complainants. I know it goes without saying that both sides of the chamber would be fundamentally committed to protecting children who have to participate in justice proceedings against people who've committed crimes against them and others close to them. Given the particular vulnerability of child complainants, it's absolutely right and proper that we correct this omission where, effectively, vulnerable adults have been provided protections that were not available to child complainants. The aspects of this bill that seek to rectify that are strongly supported by Labor.

In its submission to the Senate Legal and Constitutional Affairs Legislation Committee inquiry into this bill, the CDPP provided a practical example of why it is important to include child complainants amongst those to whom the protection against identification applies. I'll briefly quote from their submission:

It is not unusual for online child exploitation matters prosecuted by the CDPP to involve victims who are not witnesses in the proceedings. This is because the commission of the crime can often be proved by digital means, without recourse to sworn evidence from a child. In other cases the child (for example, an infant) is not of an age where evidence could be given, or is overseas or is not otherwise available to give evidence.

Anti-Slavery Australia has noted in relation to the changes that we've discussed that many human trafficking and slavery related offence victims fear that their safety will be compromised by assisting authorities with investigation and prosecution, and that this fear can be a significant impediment to successful prosecutions. I note this issue for the range of ministers on the government side and shadow ministers on our side who are involved in this critical area of law. It is a major problem if we have created a situation where bringing justice for victims—for all Australians—when people have broken our federal criminal law, is done in such a way as to not encourage victims to share their story with police and others. I think there's a good argument that, under the current arrangements we have in place for people who are potential victims of slavery, we're actually doing just that.

As I said in my introduction, this is a worthy and sensible piece of legislation, and it tackles some issues that are of great importance to Labor. It far from completes our work. I've touched on some of the areas where I think there's pretty urgent need for law reform to provide better protection for Australians and others around the world.

Last year, I was very proud to stand alongside the Leader of the Opposition and representatives of the union movement, the business sector and non-profits to outline Labor's commitment to an Australian modern slavery act. It is Labor's view that this is a crucial area of reform for our country which, for the first time, would make it clear to big companies operating in our jurisdiction that they are responsible for what happens in their supply chain, and that we have a clear expectation, as a parliament and as a community, that forces them to make sure that they are not benefiting, in one way or another, from people who are trapped in slavery.

It's often said that an object that any of us in this chamber might touch, perhaps even every day, would have been touched by a slave at some point in its production—that is how prevalent slavery is around the world. In fact, there are more people today who are enslaved than there have ever been at any point in human history. That is an issue that, I believe, this chamber has cause to consider very seriously. It's important that our laws stay up to date, and, to ensure we tackle crime both in Australia and abroad, Labor is fully supportive of the bill before the House. I'm pleased to make that contribution on behalf of my party.

Debate adjourned.