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Temporary migrant workers are recognised as being at risk of exploitation and modern slavery. Following recommendations from the NSW Anti Slavery Commissioner, the NSW parliament is holding an inquiry into modern slavery risks faced by temporary workers in rural and regional NSW.

The terms of reference state that the Committee is particularly interested in:

• the lived experience of temporary migrant workers working in agriculture, horticulture, meat processing and other sectors reliant on temporary migrant labour
• incidence, causes and extent of forced labour, deceptive recruiting, gender-based violence,
  sexual servitude and labour trafficking
• violations relating to wages, allowances, superannuation, leave entitlements, workers
  compensation, piecework payments, such as underpayment, excessive deductions and debt
  bondage arrangements
• structural factors that make temporary migrant workers vulnerable to exploitation
•  worker conditions and labour practices of direct employers and labour hire companies,
  including the adequacy of regulations governing both
•  confiscation of passports and other personal identification
•  adequacy of monitoring, compliance and enforcement of workplace laws, including health
  and safety laws
• support and resources needed by local communities, NSW Government frontline agencies
  and non-government service providers to support at-risk and vulnerable temporary migrant workers, including education, training and cultural capability needs
• the impact of visa settings and conditions of employment on temporary migrant workers in rural and regional New South Wales
• adequacy of interjurisdictional/cross-government cooperation and data sharing in the
  provision of accommodation, medical care and other essential services to temporary migrant workers
• potential protections for temporary migrant workers through State based interventions
• any other related matters.

Submissions to the inquiry are due by 31 January 2025.

More information is available here. 

On Thursday 24 October, the NSW Parliament passed the Residential Tenancies Amendment Bill (2024).  The bill will end ‘no grounds’ evictions, make it easier for tenants to have pets, cap rent increases at once per annum and improves rental payment rules.

It is likely that the bill will be effective in early 2025.

Many of us have joined advocacy efforts to bring about a fairer deal for renters. We congratulate all who have worked on this change for many years.

Read more about the changes here.

In 2024, Everybody’s Home convened Australia’s first People’s Commission into the Housing Crisis.
The Commission heard from more than 1,500 Australians living on the frontline of the crisis and over 120 organisations who support them.

Twelve hearings were held in person and online, revealing that Australia’s housing crisis has far-reaching consequences. Many people are being forced to spend record amounts to keep a roof over their heads, live with the constant threat of eviction, give up necessities, navigate life on a waiting list for housing, or in the very worst cases, deal with the bleak reality of homelessness.

The Commissioners called for a drastic rethink of how Australia tackles housing.

The Roadmap to Reform will make renting more secure and more affordable. It will reform tax and policy settings and transform social housing from a safety net for people at the margins to a real option for more Australians, giving them access to secure homes that they can afford.

Read more here:  Everybody’s Home

During anti-poverty week, Anglicare released an update to their Rental Affordability Snapshot  based on essential workers in full time work.

The report shows that of 45,115 rental listings,

• 976 rentals (2.2%) were affordable for an ambulance worker
• 696 rentals (1.5%) were affordable for an aged care worker
• 629 rentals (1.4%) were affordable for a nurse
• 398 rentals (0.9%) were affordable for an early childhood educator
• 389 rentals (0.9%) were affordable for a construction worker
• 352 rentals (0.8%) were affordable for a hospitality worker.

Many essential workers are pushed into serious rental stress or travelling long distances to work.

According to Kasy Chambers, Anglicare Australia Executive Director,

“Virtually no part of Australia is affordable for aged care workers, early childhood educators, cleaners, nurses and many other essential workers we rely on. It’s no wonder so many critical industries are facing worker shortages.

“It’s been clear for years now that the private rental market is failing people on low incomes. Now it’s clear that it’s also failing our key workers – including those who work full-time.

“Governments used to provide homes directly to key workers. Now, there isn’t even enough social housing for people at the margins. We need a major investment to turn that around.”

Much more social and affordable housing is urgently needed to reverse these findings. Tax reform, increased housing supply, more housing options, improved infrastructure,  new incentives to invest in more types of long term, affordable housing and more protections for renters all play a part in solving the housing crisis.

Rental-Affordability-Snapshot-Essential-Workers-Report.pdf

 

By Helena Hassani, Modern Slavery Lead, Mercy Foundation.

Modern slavery, particularly forced marriage, remains a significant issue and concern in Australia. Forced marriage happens when someone is getting married without fully and freely consenting to a marriage which could be due to coercion, threat or deception. This is because they are unable to understand the nature and effect of marriage due to age and mental capacity.

Forced marriage has been criminalised in Australia since 2013. However, in recent years, there have been several high-profile cases of forced marriage in Australia that have brought attention to this issue.

Only in 2024, there were two forced marriage convictions in Australia. The first one was Ruqia Haidari’s case who was forced to marry Mohammad Ali Halimi who killed his newly wed wife in Perth, Western Australia.

Roqia’s mother Sakina Jan was the first person who was convicted of forced marriage and was imprisoned for at least 12 months in Victoria.

The second case was a recent case in NSW where two teenage girls were rescued from forced marriage in NSW where they managed to escape their father and sought support from the police. They were supported by a forced marriage organisation and the Australian Federal Police.

The father was convicted and jailed for his crime for at least three years and four months with a non-parole period of one year and 11 months.

There are so many forced marriages unreported due to many reasons especially when the victim survivors are fearful of putting their loved ones in trouble or not knowing that support is available.

These cases demonstrate the need for ongoing effort in prevention of forced marriage in Australia and also to provide support and assistance to those who are experiencing these violations of human rights and abuses.

These cases also show that raising awareness about forced marriage is critical both for prevention and intervention purposes.

If you or someone else you know experience forced marriage, you can contact the AFP on 131 AFP or My Blue Sky on https://mybluesky.org.au/

References:

https://www.afp.gov.au/news-centre/media-release/nsw-man-jailed-over-attempted-forced-marriages-his-children

https://www.theguardian.com/society/article/2024/jul/29/ruqia-haidari-murdered-forced-marriage-mother-sakina-muhammad-jan-sentence-ntwnfb

https://www.theguardian.com/society/article/2024/jul/29/ruqia-haidari-murdered-forced-marriage-mother-sakina-muhammad-jan-sentence-ntwnfb

 

 

 

Thursday 10 October from 9.30am

Women from migrant, refugee and asylum-seeking backgrounds can encounter significant challenges when seeking a safe and stable home in Australia. Some women experience family violence, exploitation, forced marriage and homelessness. These traumatic experiences impact on physical and mental health, wellbeing and hope for the future.

At the Home Truths webinar, we will discuss the challenges and barriers women face and the effective solutions and interventions that enable women to achieve independence and escape cycles of violence, exploitation and homelessness.

The webinar is on Thursday, 10 October from 9.30am and will run for an hour.

We will also launch the Mercy Foundation’s Grants to End Homelessness program for 2025.

Guest speakers include:

• Cecilie Kern, Mercy International Association, NGO Representative to the UN,  Chair NGO Committee on Migration. Cecilie will speak the state of affairs of migration and homelessness issues at the United Nations and Mercy advocacy efforts.
• Dr. Jessie Hohmann, Professor in Law, University of Technology Sydney and Right to Housing expert.
• Maeve Brown, CEO of Western Sydney Migrant Resource Centre in conversation with:
• Magdalene Konneh, Lived Experience Expert and SGBV Specialist Caseworker, JRS.
• Helena Hassani, Modern Slavery Lead at the Mercy Foundation, who will speak about family violence, forced marriage and homelessness.
• Sunila Kotwal: Executive Officer, Immigrant Women SpeakOut Association. Sunila will speak about successful interventions and solutions to enable women to gain independence and end their homelessness.

Source: Australian Human Rights Commission

https://humanrights.gov.au/our-work/childrens-rights/publications/help-way-earlier

Yesterday, Australia’s National Children’s Commissioner launched the report ‘Help way earlier!’: How Australia can transform child justice to improve safety and wellbeing. The report is calling for significant changes to how federal, state and territory governments approach child justice and the wellbeing of children who are or at risk of being caught up in the criminal justice system.

The report sets out 24 recommendations to elevate child justice and wellbeing to being a national priority, coordinating action across Australia’s federation and ensuring reform of our justice systems based on evidence and human rights.

The report highlights the need to address the human rights of children early on, rather than taking a punitive approach where children as young as 10 years old are caught up  in the criminal justice system.

The drivers of their contact with the justice system often stems from breaches of their most basic human rights. Poverty, intergenerational trauma, violence and abuse, racism, homelessness and inadequate health care.

The Commissioner spoke to 150 children and young people about what they need to stay out of trouble. Children said that they want to be safe and to have a place to live. They want to participate in positive activities. They want friends and supportive family relationships. Children want to be heard and have their views taken seriously. They want to be able to go to school and one day get a job. Children want to get extra help for themselves and their family members when it’s needed.

A home is fundamental to the safety and wellbeing of all, especially children. Homelessness and insecure housing is harmful and represents a serious breach of their human rights. It is incumbent upon all of us to urgently ensure that all children have a safe, permanent, affordable and appropriate home.

Recommendations for reform

This report recommends that national reform should be driven by:

• Australian Governments establishing a National Taskforce for reform of child justice systems
• the Australian Government appointing a Cabinet Minister for Children
• the Australian Government establishing a Ministerial Council for Child Wellbeing and
• the Australian Government legislating a National Children’s Act as well as a Human Rights Act, incorporating the Convention on the Rights of the Child.

Reform also requires:

• positioning children at the centre of policymaking and service delivery
• empowering First Nations children, families and communities
• optimising community-based action
• building a capable and child-specialised workforce
• basing systems on data and evidence, and
• embedding accountability for the rights of children.

The report is the result of a project undertaken by the National Children’s Commissioner in 2023-24.

Read the executive summary here.

Access the full report here.

The Federal Court found that a former Sri Lankan Deputy High Commissioner owed her former domestic worker half a million dollars in unpaid wages.

A press release from the Clayton Utz pro bono team noted that when Ms Himalee Arunatilaka was appointed Sri Lankan Deputy High Commissioner in Australia in 2015, she brought out Ms Priyanka Danaratna to live and work at her home in Canberra. Ms Arunatilaka took the Ms Danaratna’s passport away when she arrived in Australian and never returned it.

For three years, Ms Danaratna worked from 6am until late into the evening, cooking, cleaning and washing for Ms Arunatilaka and her husband, seven days a week. During that time, she had only two days off after burning her hand while cooking.

According to the press release, Ms Danaratna was paid only $11,212 in total, or less than 65 cents an hour, sent directly to bank accounts in Sri Lanka. Ms Arunatilaka forbade her from leaving the residence alone without permission, and then only for short walks. Ms Danaratna had no contacts in Canberra, did not speak English, and without her passport had no way of leaving her work or returning home.

Legal response

Ms Danaratna was represented by the Clayton Utz pro bono team. On 15 August 2024, Justice Raper of the Federal Court of Australia found in Danaratna v Arunatilaka [2024] FCA 918 that Ms Arunatilaka had committed “significant breaches” of Australian employment law. Ms Arunatilaka was ordered to pay $374,151.90 in unpaid wages, plus a further $169,148.83 owing in interest on that amount, coming to a total of $543,300.73.

This is an internationally significant case, which follows the 2023 decision in Shergill v Singh [2023] FCA 1346  that after an official has left their diplomatic post, there is no diplomatic immunity available to protect that diplomat against Australian employment law claims by their domestic workers.

Ms Arunatilaka has chosen to ignore the Court and she now serves as the Ambassador and Permanent Representative of Sri Lanka to the United Nations in Geneva.

The Mercy Foundation funded research into domestic servitude in 2019. The research Service or Servitude: A study of trafficking for domestic work by Heather Moore,  found that domestic workers in embassies in Canberra are at great risk of modern slavery. Read more about the research here.

We are delighted to announce that Helena Hassani has joined the Mercy Foundation as our inaugural Modern Slavery Lead. Helena is a human rights advocate and leading expert on the prevention of child and forced marriage and family violence. Helena has much experience in working with victim-survivors of family violence, modern slavery especially child and forced marriage and forced labour.

Helena is the Director of Boland Parwaz PTY LTD which is working towards a future without child and forced marriage. Through her organisation, Helena was selected as one of 44 global fellows of innovative social leadership by the US-based Echoing Green Foundation. Later this year she will travel to Ghana to meet other fellows and undergo training.

She is a multilingual female facilitator of Men’s Behaviour Change Program for Intouch Multicultural Centre Against Family Violence in Victoria. Helena is also a research assistant for the Anti-Slavery Australia at the University of Technology Sydney.

Helena has Master of Human Rights Law, Bachelor of Social Work and Bachelor of Health Science from Monash University.

Helena was a delegate to the United Nations in Geneva for the Annual Tripartite Consultation on Resettlement in 2023. She has also been an NGO delegate to the United National recently in March 2024 in New York for the Consultation on the Status of Women 68th Conference.

Helena was awarded a silver medal at the Women Changing the World Award 2024 for the Cultural Diversity and Inclusion Impact category.

Her vision is for a future where no girl experiences child or forced marriage.

We are excited to have Helena join the Mercy Foundation team. She brings much experience and expertise and will drive our work in addressing modern slavery in Australia.

Helena is also a poet and writes poems on forced marriage and issues related to violence against women and girls.

You can read more about Helena in this article.

The Mercy Foundation believes that housing should be considered first and foremost as a human right. All us have the right to live in peace, dignity and security. Governments have neglected their fundamental obligation to realise everyone’s human right to housing.  Without safe and secure housing, all other rights are at risk.

Kevin Bell, a former justice of the Supreme Court of Victoria, recently wrote an article about the right to housing. He argues that  a legislative, rights-based national housing strategy is needed to realise the right to housing. He writes that:

We are experiencing not only a socio-economic disaster. It is a human rights disaster. Decent housing is a pillar of the whole system of human rights. When the right to a decent home is put at risk or violated on a large scale, as it now is, this impacts a great many other rights. These other rights potentially include the right life, the right to health including mental health, the right to personal inviolability including the right of women to be safe in their own home, the right to be free of discrimination, the right to work a reasonable distance from home, and the right to be free of the many gross human rights violations that are associated with poverty, inequality of wealth, social exclusion and homelessness.

Addressing Australia’s housing and homelessness crisis will take strong leadership, political will, commitment and broad community support.

Read the article here.