Tim Storer (SA, Independent) Share this | Hansard source

It's hard to believe that, in this day and age, we still need a bill like this. The accounts of slavery and trafficking occurring right here in Australia are surprising and incredibly saddening. Over the last months I have learnt more about our national risk of slavery and trafficking, and I've come to realise that our lucky country isn't so lucky for many people. It has led me to ask two questions: 'What are we doing to ensure this does not happen here?' and, 'Are we doing enough?'

Here's what I've learnt. Australia has assumed a leadership role in the region on modern slavery. With this legislation, we are now poised to lead the world in modern slavery transparency reporting. We have strong criminal legislation that supports a framework for victim witnesses working with law enforcement to prosecute traffickers and slave holders, and a national action plan that lays out the government's domestic and international response to this issue.

However, what I've learnt is that, despite these commendable efforts, Australia's performance against that plan's overarching goals, which are prevention, protection and prosecution, is not as strong as it could be or should be. In fact, I'm very concerned to hear that, since Australia incorporated trafficking in persons offences into our Criminal Code in around 2003, fewer than 400 victims have received assistance from our national support program. Only 21 offenders have been convicted of a slavery-related offence. There is no specifically designated funding for our national action plan.

We know Australia is a primary destination for labour migration in the region, with a growing reliance on temporary migrant workers. Indeed, we have been hearing calls from various quarters to introduce a new visa for migrant farm workers and to increase incentives for backpackers to work on farms. Overwhelming evidence of exploitation has come forward through the modern slavery inquiry and other reports, and we know, from this and from academic research, that migrant workers are particularly vulnerable to exploitation and labour trafficking.

It is believed that Australia's risk of modern slavery is real and is likely to be greater than the statistics suggest. I'm concerned that, while we're doing a lot of good, well-intentioned work, we are somehow missing the mark and this is resulting in vulnerable people going without protection and without support and possibly being left to languish in violent and abusive situations right here in our backyard, and the offenders just keep offending.

I have found that the development of Australia's domestic response has been hindered by the perception that opportunities to traffic people into or exploit people within Australia are limited because of our strong migration controls, geographic isolation and high degree of regulation compliance and enforcement. Yet, compared to similar countries—and certainly in comparison with the UK, which has provided the model for our consideration of a modern slavery act—Australia has not committed substantial resources or efforts to bolster the identification of victims. To do so we would need to fund more outreach, more public education and certainly more training of first responders. We also need to ensure that our first responders are funded and supported to vigorously pursue criminals; yet there is only a handful of specialist AFP teams around the country looking into this issue.

I'm concerned that there does not appear to be any kind of independent evaluation and monitoring of the national response and no clear accountability for outcomes under the national action plan. How much more evidence will be required in order for us to constructively critique our own efforts and ask why we aren't finding more victims and prosecuting more traffickers? What impetus is required for us to find the courage to admit that we could and must do better? The consequences of our reluctance to challenge ourselves mean that, notwithstanding this legislation, which will introduce new strategies to engage business in eradicating modern slavery, we are otherwise lagging behind other nations in antislavery work. Without independent oversight, how can we be sure that we are honestly evaluating ourselves? Is it fair and reasonable to expect public servants to be able to effectively scrutinise the activity of their bosses?

The fact is there have been a range of recommendations made to improve our response to this problem. There have been various reviews and planning processes. In 2008 an ANAO review made a range of recommendations, noting that our response lacked a monitoring and evaluation framework to assess whether actions under the national action plan are succeeding in achieving their ultimate goals. It is my understanding that, 10 years later, there is still no monitoring and evaluation framework. The ANAO also recommended the government establish a national estimate, and yet this work has only begun.

It is quite clear that, without intended oversight, government must be monitored to keep the commitments it makes. It was on this basis that I decided to propose an amendment to this bill to establish an independent antislavery adviser, which I was pleased to have senators Hinch and Patrick agree to co-sponsor. I appreciate the significant assistance from Heather Moore of the Salvation Army on this, and on this issue in general. Under that proposal, the adviser would be tasked with supporting the operation of the act, specifically by encouraging best practice in the prevention, detention, investigation and prosecution of modern slavery, and supporting victims.

The UK Modern Slavery Act, on which this bill is modelled, includes an independent antislavery commissioner. The Senate Standing Committee on Legal and Constitutional Affairs recommended the creation of an independent statutory officer to support the operation of the act when it concluded an inquiry into this bill in August of this year. The Joint Standing Committee on Foreign Affairs, Defence and Trade recommended the establishment of an independent antislavery commissioner when it concluded its own detailed inquiry into this issue in December 2017.

So it was with surprise that I learned that the government had an aversion to the idea, given that coalition MPs and senators have consistently voted in favour of including this role. Needless to say, this role also has widespread support among civil society groups, and I am not aware of a single business touched by this bill that is opposed to the idea. Nevertheless, I am an incrementalist at my core. I have made a point of remaining pragmatic in my decision-making in this place and not letting the perfect be the enemy of the good. I was told that, should my amendment have succeeded, as I believe it would have, it would have jeopardised the passage of this bill, as the government would not have brought it back before the other place. That being the case, I agreed not to proceed with introducing my detailed amendment on an independent antislavery adviser. However, today I moved a new second reading amendment that called on the government to appoint an independent antislavery commissioner to support the operation of the Modern Slavery Act. I hope the government will heed that advice in the future. Whilst this is a relatively displeasing situation, I believe that the legislative policy work on the independent antislavery adviser will not be wasted and can be used sometime in the future. Indeed, I note that the act will be reviewed after three years and I hope that an independent antislavery adviser or commissioner will be introduced then if it has not already been.

We have an opportunity to achieve something truly significant here in this chamber this evening. I encourage all to support the passage of this bill so that we as a nation can take another step forward towards ending the blight of modern slavery in our world. Thank you.