Overview
Effective identification is crucial to detect persons experiencing or at risk of modern slavery, and providing support. This section sets out key concepts and stages that all individuals and organisations should consider when responding to a person potentially experiencing or at risk of modern slavery.
The aim of identification is to provide individuals experiencing or at risk of modern slavery with the information and resources they need to make informed decisions about next steps. This could involve accessing support and protection, as well as being referred to appropriate services. Some people may approach a service for other support needs, such as a family, domestic or sexual violence service, and the service may identify possible indicators of modern slavery in addition to indicators of other forms of violence (refer to modern slavery and other forms of exploitation).
In all cases, when engaging with individuals experiencing or at risk of modern slavery, it is important to respect their human rights and take a trauma-informed approach.
"I think people who identify possible victims are crucial in this matter. Without them, many victims might never be able to speak for themselves. I’m glad and grateful that staff from different organisations are being trained to recognise and refer people for support."
– I.V
Learn about modern slavery and getting your organisation ready
Key actions for individuals and organisations when learning about modern slavery
To prepare your organisation to identify and respond to a potential case of modern slavery in a trauma‑informed way, consider the following key steps, even if encountering someone at risk seems unlikely:
- Understand human rights and other obligations.
- Establish processes for trauma-informed practice.
- Provide training to staff members.
- Ensure that there are accessible and well-known pathways for people experiencing or at risk of modern slavery to seek help.
- Consider developing and/or updating organisational standard operating procedures on interacting, supporting working and engaging with people with lived experience.
Key actions for individuals and organisations
1. Understand human rights and other obligations
Individuals and organisations should understand the rights of people who may have experienced any form of modern slavery. These rights should be respected without discrimination – regardless of their race, religion, sex, gender, sexual orientation, age, disability, immigration status, other characteristics, or the type of serious exploitation they may have experienced.
Different sectors have different obligations and/or responsibilities depending on their statutory obligations or an expectation to respect and follow sector-specific principles. Individuals and organisations should work to ensure that their policies and procedures to respond to potential cases of modern slavery consider these obligations and expectations.
For more information about human rights in Australia, refer to human rights and international instruments.
2. Prepare to provide trauma-informed practice
Trauma is a complex physical, emotional and psychological response to an event or series of events. It is vital that all individuals and organisations aim to take a trauma-informed approach when interacting with people who may have experienced modern slavery in order to create a safe environment for them to rebuild a sense of control, promote healing and manage their own trauma.
As stated, not all sectors should be providing care and support to people who have experienced modern slavery. However, this does not preclude them from seeking to implement trauma-informed practice within their organisation. Implementing these processes could support and encourage people who may be experiencing modern slavery to identify themselves through trauma-informed and experienced established pathways, especially if they know that the person on the other end will be able to recognise the trauma they have experienced and can respond in a way that is appropriate and lived experience-centred.
Refer to the information and checklists in trauma-informed practice to help prepare your organisation.
3. Provide training to staff members
All staff should have access to training to build awareness of the indicators of all forms of modern slavery and best practice processes for identifying and responding to cases. This training should promote effective and trauma-informed practice and provide practical knowledge and skills relevant to their roles. Training could be delivered through partnership with a recognised specialised organisation or developed in-house (refer to the case study on partnerships to strengthen identification of those at risk of modern slavery).
Consider the following in your staff training and awareness programs:
- Understanding modern slavery – exploring the different forms of modern slavery and their impact on individuals and communities.
- Recognising the indicators – providing examples of indicators of modern slavery and how they may present in your sector. Individuals and organisations should refer to sector-specific indicators if available.
- Applying trauma-informed practice – working with staff on how to interact with people who have experienced modern slavery in a trauma-informed way and applying the values outlined in the Guidelines.
- Importance of cultural safety – providing strategies for engaging respectfully and creating safe spaces for people from diverse backgrounds.
- Outlining best practice procedures for identifying and referring people who may have experienced modern slavery (see referral pathways) – to ensure staff understand their role at each stage and know how to access advice or support if they are experiencing vicarious trauma.
- Assessing staff understanding – staff training should be regularly monitored and evaluated. By using evaluation data (for example, attendance records, trainer observations, benchmark knowledge comparisons and so on), your organisation can continually improve training to build staff competency to recognise and respond to indicators of modern slavery.
It is a challenging task to train and engage all staff on modern slavery, especially for large organisations. However, it will be important that staff, especially frontline staff, are able to:
- identify when, and if, a situation may be presenting as unusual
- have tools at their disposal to respond in a trauma-informed way to someone who may be experiencing some kind of serious exploitation.
Checklist: Delivering effective training
Tailor content to staff roles and responsibilities.
Use interactive methods like case studies and role-playing exercises.
Use real-life examples and scenarios to make the training relevant.
Provide ongoing support and access to experts, including those with lived expertise.
Ensure training is accessible to all staff members, including those with disabilities.
Use a variety of learning styles to cater to diverse audiences.
Keep sessions concise and focused on practical skills.
Encourage active participation and questions.
Provide opportunities for staff to practise new skills.
Offer regular updates and refreshers to reinforce learning.
Seek feedback from staff so that suggested improvements can be considered.
Training is most effective when it is tailored to the organisation and includes practical guidance on how to identify these indicators in different contexts.
4. Accessible and well-known pathways for reporting
Having accessible pathways for people who may be experiencing or at risk of modern slavery to report their situation is important in the identification process. It is equally important that individuals and organisations understand how these pathways work. By improving staff understanding of these pathways, people who have experienced modern slavery may be more likely to consider support, especially if they know that there is someone who can respond in a safe, trauma-informed and effective manner.
What is accessibility?
Accessibility can include physical, linguistic, cultural and digital access. This means ensuring that all individuals experiencing modern slavery, regardless of their background or circumstances, can easily be identified and subsequently reach support.
Examples of typical pathways for presentation
People who are experiencing modern slavery may present or come into contact with organisations, services and agencies in a range of ways. These could include:
- Helplines and hotlines, chat-boxes and message rooms – These can be for specific issues (specialised slavery hotlines) or related concerns (for example family, domestic and sexual violence). Contact information should be widely disseminated and easily accessible.
- Community and faith-based organisations – Can be trusted points of contact, noting that they are often deeply embedded within their communities.
- Migration supports – Survivors may interact with registered migration agents or immigration officials during visa or asylum processes, compliance operations and airport procedures.
- Ongoing human rights due diligence/risk assessments – People experiencing modern slavery may be identified during routine or ongoing monitoring processes (refer to incidental identification).
- Healthcare services – Survivors may attend clinics and hospitals for both related and unrelated health assistance. These should be places where people who may be experiencing modern slavery feel free to discuss their situations.
- Legal services – People experiencing modern slavery may be seeking legal advice on other matters.
- Law enforcement – Police officers and other law enforcement officials may encounter survivors during routine operations or specific anti-trafficking efforts.
- Schools and educational institutions – Children and young adults who may be experiencing modern slavery could be identified through schools or universities.
- Workplaces – Individuals and organisations might incidentally come across people experiencing modern slavery in their workplace. This could also include unions, workplace inspectors, compliance officers etc.
- Remediation and grievance mechanisms – Businesses may cause, contribute to or be directly linked to human rights impacts like modern slavery, particularly forced labour and other forms of labour exploitation. Survivors may report their experiences through a company’s grievance process. To this end, it is crucial to have transparent and accessible reporting channels that are in line with the UNGPs.
5. Developing/updating organisational standard operating procedures for supporting people who have experienced modern slavery
Individuals and organisations are encouraged to develop and regularly update standard operating procedures to ensure that staff know how to respond to someone who may be experiencing some form of serious exploitation in a trauma-informed way.
Checklist: Considerations when developing organisational policies and procedures
Roles and responsibilities of staff within organisations, identifying key individuals/teams that have responsibility for managing this work.
Processes that can assist staff to work with the person who may be experiencing modern slavery and refer them to the most appropriate staff member or team. For example, questions to ask a person identified as at risk of serious exploitation or sets of indicators that might be most likely to occur in the workplace (refer to communication matters).
Outline of key steps of what someone should do when identifying someone as potentially at risk of serious exploitation, including how to refer to the most appropriate person (if they are not already involved) and how they can speak up when something does not seem right (refer to grievance mechanisms).
Key referral pathways, including internally across the organisation and externally to specialist support organisations.
Training on modern slavery that is available to staff.
Follow-up mechanisms that ensure a situation has been managed appropriately and referred correctly.
Information about support services available for frontline staff working with people experiencing modern slavery (refer to cooperation and professional conduct).
Feedback mechanisms for staff, especially frontline workers, to provide input on policies and procedures.
Examples of good practice and other areas for improvement.
Details about information-sharing and privacy protections (for example, third-party use of a person’s story).
Mechanisms for staff to speak up and constructively challenge the decisions/processes of the organisation, especially with regards to how they have worked with a person with lived experience of modern slavery.
Recognising and addressing risk to strengthen identification of modern slavery.
Recognising and addressing risk to strengthen identification of modern slavery
Risk to the person experiencing modern slavery when interacting
There is always some level of risk when working with people who have experienced modern slavery (refer to minimising risk and managing duty of care). People who have experienced modern slavery face risks when seeking support and assistance (refer to how trauma impacts engagement), as well as risks of re-traumatisation.
These risks alone should not be a barrier to engagement for individuals and organisations. Sometimes, the risks of interacting are outweighed by the risk of allowing a situation of modern slavery to go unidentified. Organisations can take steps to ensure that if harm occurs, they are prepared to respond safely (refer to practical elements to embed trauma-informed approaches in support and learning about modern slavery and getting your organisation ready).
Risk to individuals and staff when interacting
Similarly, individuals who are interacting with people who have experienced modern slavery face risks relating to their own safety and wellbeing. Before any engagement, consideration should be given to identifying and mitigating risks to staff and those interacting with people who have experienced modern slavery. This could include providing psychological support through counselling, facilitating peer networks, providing training on trauma-informed practice and vicarious trauma, and continually assessing and updating organisational policies and procedures to ensure the organisation is responding in a trauma-informed way. If appropriate risk mitigation strategies cannot be implemented, organisations may choose to refer a person for specialist support, rather than provide any support themselves (refer to Figure 8).
Identifying and managing risk to identify and prevent modern slavery
Another key component of addressing and managing risk to strengthen identification of modern slavery is conducting ongoing risk assessments and implementing monitoring processes for an organisation’s activities. This will look different for each sector, depending on core activities of the organisation, as well as any human rights standards they may be expected to respect or observe. This is central to strengthening prevention and identification of modern slavery as it allows organisations space to reflect on identification and assessment practices, improve responses and limit risks to staff, the organisation and people who have experienced modern slavery.
Human rights due diligence could apply to everyone
Human rights due diligence is an ongoing risk management process that organisations should follow to identify, prevent and respond to modern slavery and its adverse impacts. Under the UNGPs, businesses have a corporate responsibility to respect human rights, through 4 key steps: 1) assessing actual and potential human rights impacts, 2) integrating and acting on the findings, 3) tracking responses, and 4) communicating how impacts are addressed. These key steps can be embedded in the ongoing monitoring and evaluations frameworks/risk assessments of any organisation, regardless of the sector.
IOM has developed a Fair and Ethical Recruitment Due Diligence Toolkit to support business enterprises in fulfilling their responsibility to respect human rights in the context of international recruitment. It provides practical tools that enterprises can use to conduct comprehensive due diligence in line with the UNGPs, the OECD Due Diligence Guidance for Responsible Business Practice and IOM’s Migrant Worker Guidelines.
The ILO has also developed videos, guides and training to support individuals and organisations on fair recruitment.
Key concepts for identification
Recognising modern slavery
Modern slavery can be difficult for people within the sector to recognise, and it is often even more challenging for those experiencing it to identify themselves, due to the complex and legalistic language used to describe modern slavery.
"Many people don’t know that this is trafficking … and if some people don’t know about it, they are ashamed and they are scared to say. Maybe they don’t want to leave Australia, or they may think they will be sent out of Australia and they will be left without any support."
– Person with lived experience
This highlights the importance of training for individuals and organisations working in the modern slavery sector, to strengthen their capacity to identify modern slavery and be aware of potential drivers/risk factors.
Identifying different forms of modern slavery
As demonstrated in the background on modern slavery section, modern slavery can look very different depending on the specific circumstances. This can make it hard to identify.
More information about the types of modern slavery can be found on the Types of Modern Slavery or Appendix A – Examples of modern slavery pages.
Presumption of victim status/presumption of minority
Presumption of victim status
People who are presumed to have experienced modern slavery should be treated as a person in need of assistance or protection, unless or until a different assessment is made. It is good practice to presume that a person may be experiencing modern slavery when there may be suspicions about their circumstances. This means that individuals and organisations will treat this person as a person who is experiencing modern slavery and in need of assistance or protection.
If it is found that the person has not experienced modern slavery but is experiencing other types of harm, they can be referred to other relevant support services. Once a determination is made, it is important that there are appropriate pathways for people to provide feedback or appeal any decisions made.
Presumption of minority
Not all children who have experienced modern slavery will present as such. For example, they may carry false identity documents or have been told to lie about their age. If individuals and organisations are unsure of the age of a person who has experienced modern slavery, but reasonably believe they are a child (i.e. under 18 years old), the person should be presumed to be a child and afforded all the special protections available to children until such time as an age determination is made.
Policy Guide on Identifying Victims of Trafficking and Trafficking Victim Identification Guide, developed by the Bali Process, provide more details about the presumption of victim status.
UN Recommended Principles and Guidelines on Human Rights and Human Trafficking and UNICEF Guidelines on the Protection of Child Victims of Trafficking provide useful information about the presumption of minority and identification of children experiencing modern slavery.
How trauma impacts engagement
Deep and complex trauma can impact the way in which people who have experienced modern slavery engage with individuals and organisations. Modern slavery strips away the agency, safety and dignity of a person. As such, people could be hesitant to engage. Some of these reasons are explored in reasons why people may be reluctant to contact the AFP. Additionally, people may not identify as a person who has experienced modern slavery and may be unaware their legal rights and the available supports.
It is important that individuals and organisations understand how reasons for reluctance to engage might contribute to anxiety in people who have experienced modern slavery, and how this might influence the way individuals and organisations interact with them and make referrals for support.
Information and strategies on trauma-informed engagement with people who have experienced modern slavery should be included as tools and templates in organisational policies and procedures. For ideas and information about how to develop these tools, refer to the additional and useful resources page or the checklists and resources in trauma-informed practice.
Spotlight on agency:
Agency, as a key value, is central to all engagement with people who have experienced modern slavery. At every stage of the journey, there needs to be adequate space made for people who have experienced modern slavery to determine and make their own choices, and feel as though these choices are respected and are meaningful in the context of their healing journey.
Addressing the concerns of people who have experienced modern slavery
When you recognise signs of modern slavery, or someone makes a disclosure, it is important that they feel listened to and believed. It is important to:
- thank them for telling you about their concerns or situation and acknowledge how difficult it must be
- validate their experience, and let them know you believe them
- let them know that they do not have to go through this alone.
Recognising power imbalances
Individuals and organisations should consider the power dynamics in each specific setting or environment and adjust their approaches to address these accordingly. The power imbalances often entail more than just the relationship between a person who has experienced modern slavery and someone working in a professional context. There are a number of other factors to consider, including age differences, your position or status within your organisation, the type of organisation, any disabilities, and identity factors such as race, ethnicity, gender, sexual orientation etc. See the Victorian Commission for Gender Equality in the Public Sector's Applying intersectionality page for more information.
The Modern Slavery Lived Experience Engagement and Empowerment guidance document explores the concept of power imbalances in greater detail.
Key stages of identifying people experiencing modern slavery
The identification of people who may be experiencing or at risk of modern slavery may involve the following stages (see Figure 7).
Figure 7: Stages of identification
Text alternative for the above image
Figure 7 is three circles in a row connected by arrows flowing from the first circle to the third circle.
The first circle reads: ‘Initial interaction’. The second circle reads: ‘Identification’. The third circle reads: ‘Getting ready to refer’.
This Policy Guide on Identifying Victims of Trafficking, developed by the Bali Process, is a useful introductory guide for policy makers, practitioners and organisations.
All individuals and organisations have a role to play in identification.
Identification can either be:
- Reactive – where a person who may be experiencing modern slavery, or their friends and family, has directly contacted an agency through available pathways.
- Proactive – where investigations, usually by law enforcement, have been carried out to identify people potentially in or at risk of modern slavery.
Initial interaction
Before a person is identified as having experienced modern slavery, it is likely that, through initial interactions with individuals and organisations, they have been preliminarily assessed or presumed to have experienced serious exploitation. These interactions will vary depending on the circumstances, but preliminary identification could occur either by observation, referral, self-identification or investigations.
This stage emphasises the importance of learning about modern slavery and undertaking training to identify the possible indicators of modern slavery so that people who may be experiencing modern slavery can access initial support and protection.
Incidental identification
Modern slavery can happen to anyone – this can make it challenging to recognise when modern slavery is occurring, especially if you are not looking for it.
Individuals and organisations may incidentally identify someone who is experiencing modern slavery in the general context of their work. For example, an international student seeking assistance through student services regarding managing work and study, a customer at the bank having issues accessing their account, an individual seeking assistance from a GP or emergency department, or an organisation’s ongoing monitoring and evaluation assessments or processes (refer to recognising and addressing risk). These generally would occur outside of the typical pathways for presentation.
Key actions for individuals and organisations who recognise indicators of modern slavery during interactions with people
- A key priority during the initial interaction is to ensure immediate safety issues are addressed (refer to support and directory of services).
- If first contact is a crisis-led situation, immediate safety measures should be addressed first.
- Individuals and organisations should be aware of the indicators of modern slavery to recognise if someone they interact with (whether by observation, referral or self-identification) may be experiencing modern slavery. See case studies for examples of indicators.
Tailor the indicators to the context of the situation. Indicators are most effective when they are adapted and tailored to the specific circumstances of a situation.
Other key points to consider:
- Consider if it is safe to engage with the person at a particular point in time.
- Protect the privacy and confidentiality of people you are engaging with.
- Seek informed consent from the person before commencing steps to provide initial assistance.
- Recognise that this engagement might not be the first time a person experiencing modern slavery has tried to engage or get support and assistance for their situation.
- You may be expected to conduct some initial conversations with people who may be experiencing modern slavery at this stage (refer to checklists below on building trust and rapport and conducting respectful interactions).
- At this stage, you should only ask about what is necessary to avoid re-traumatisation and minimise harm.
Consider accessibility measures when you are equipping your organisation to potentially respond to people coming forward and identifying as experiencing modern slavery (for example: interpreters, cultural advisors, culturally-informed training etc). Individuals and organisations might face some difficulties at this initial stage due to language and cultural barriers, as well as other concerns relating to gender or environment.
Checklist: Building trust and rapport
Actively listen to people who may have experienced modern slavery and demonstrate respect and empathy.
Be open and honest in your communication, keeping cultural safety in mind while establishing boundaries and communicating realistic expectations.
Ensuring confidentiality must be paramount.
Developing rapport will require continuity, patience and consistency – therefore, create a secure and enabling environment where people who have experienced modern slavery feel valued.
Use language that is respectful and non-stigmatising and avoid terms that could cause re-traumatisation.
Ask open-ended, non-judgemental questions to understand their situation without causing distress.
Where possible, ‘how’ and ‘what’ questions should be prioritised over those that begin with ‘why’. For example:
- ‘Can you tell me more about your current work or living situation?’
- ‘What brought you here today?’
The safety of the person experiencing modern slavery is paramount
The initial safety and security of people who have experienced modern slavery is the first priority. Not all individuals and organisations are equipped to assist or engage with someone who has experienced modern slavery without additional support. In these circumstances, the priority is to refer to an organisation/agency with the appropriate tools and training to be able to respond safely and ethically.
After initial interactions, individuals and organisations should consider their ability to respond in a trauma-informed, safe and ethical manner. Figure 8 should help individuals and organisations make this assessment.
If a person you have engaged with is raising their situation with you, or if you recognise something suspicious about the situation, you should feel confident to tell them about the specialist services that can explore the topics in more detail. Specialist support organisations, NGOs, frontline workers, unions and other community and faith groups are useful sources of information to support organisations during this process (refer to directory of services).
For more information about assessing how you should be engaging a specialist service for support, you should consult the section on referring to a specialist support organisation.
Figure 8: Graphic to support individuals and organisations to determine if they are suitable to interact with and support people who may have experienced modern slavery during informal identification
Text alternative for the above image
Figure 8 is a decision flow chart.
The first box reads: ‘Does your organisation provide specialist support to people who have experienced modern slavery?’ Two pathways lead from the first box; ‘yes’ and ‘no’. If the answer to the primary question is ‘yes’, the next question reads: ‘In your role, are you trained to provide direct assistance to people who have experienced modern slavery?’ and has two pathways leading from it; ‘yes’ and ‘no’. The ‘no’ pathway reads: ‘You should refer the matter to someone within your organisation who might be able to engage safely’, and the ‘yes’ pathway reads: ‘You may be suitable to engage with people who have experienced modern slavery to support the identification process’.
If the answer to the primary question, ‘Does your organisation provide specialist support to people who have experienced modern slavery?’ is ‘No’, the next question in the sequence reads: ‘Does your organisation have the appropriate mechanisms in place to directly support your engagement with people who have experienced modern slavery?’ and it offers two pathways leading from it; ‘no’ or ‘yes’. If ‘no’, the flowchart reads: ‘you should refer the individual to a specialist support organisation.’. If the answer is ‘yes’ to the question ‘Does your organisation have the appropriate mechanisms in place to directly support your engagement with people who have experienced modern slavery?’ then there is one final question that reads: ‘In your role, are you trained to provide direct assistance to people who have experienced modern slavery?’. A ‘no’ answer leads to a box that reads: ‘You should refer the matter to someone within your organisation who has appropriate training to work alongside a specialist support organisation in engaging’. A ‘yes’ answer leads to a box that reads: ‘you should work closely with a specialist support organisation to assist in engaging safely and directly’.
How to refer to specialist support organisations
Although organisations aim to assist people who have experienced modern slavery, if they fail to act safely and ethically, they may inadvertently harm the person they want to help. To avoid re-traumatisation, it is vital that organisations appropriately determine who should be engaging with people who have experienced modern slavery.
Specialist support organisations are able to offer expert support to people who have experienced modern slavery. They have access to a broad range of tools and resources to ensure that people who have been identified as experiencing modern slavery are able to be referred to the support they need.
To assist you in working out which specialist support organisations are most suitable, you can refer to the directory of services in these Guidelines.
Case study – Referring to a specialist support organisation
A seasonal farm worker who experienced forced labour and deceptive recruitment was referred by a public agency to a specialist legal service for legal and migration support. The specialist legal service assisted the worker with addressing his legal needs. However, due to a history of exploitation and being unable to work, the client had been homeless and was struggling to meet basic living needs. The organisation referred him to the Additional Referral Pathway (ARP) where he was placed on the STPP and provided with casework support, accommodation and financial support.
This case study has been provided by a specialist legal service working to respond to modern slavery.
Responding safely and ethically and in a trauma-informed way is vital to support people who may have experienced modern slavery, and avoid re-traumatisation. It is important that individuals are trained appropriately and have access to effective resources to engage with people who are presumed to have experienced modern slavery.
Checklist: Responding to a possible identification
To respond safely and ethically, organisations should consider the following.
Determine how to best engage with a person who may be experiencing modern slavery (refer to conducting respectful interactions and modes of communication).
- The way in which individuals and organisations choose to engage is important as certain types of interactions may have negative consequences, including re-traumatisation.
- Always consider to what extent it is necessary to ask the person to disclose their experiences, and only do so when they have had time to provide informed consent.
If you feel comfortable, and it is appropriate to do so, ask the person if they are feeling unsafe. This will help gauge if immediate assistance is required.
Identify any immediate support needs that may need to be addressed (i.e. healthcare, accommodation services etc.).
Commence open and trauma-informed discussions to obtain more information about the situation of the person (refer to useful language tips for further assistance).
- Consider the use of translating and interpreting services if a person does not speak English, or speaks English as a second language.
Undertake initial triage processes to assess the needs, risks and protective factors of the person.
Consider safety planning with the person.
Make sure you are aware of key referral pathways for support and understand a person’s options and rights.
"People with lived experience, they might not be able to tell you everything all at once. [They’ll tell you] smaller things first, meanwhile they might be at home in a life-threatening situation. Survivors may not have told them about the big thing, as the little things haven’t been meaningfully responded to yet. Need to build trust. If they cover little things first, they are more likely to talk about the bigger things. Trust is a process, not an expectation."
– Member of the Survivor Advisory Council
The My Blue Sky’s Frontline Worker Guide has more information about what individuals and organisations should do if they recognise the signs of forced marriage and how to respond safely and ethically. It also includes more general information that individuals and organisations can use to explore how to respond to disclosures, undertake safety planning and other support services.
Identification
Remember that only qualified people should provide legal, migration, health or counselling advice.
Following initial interaction, individuals and organisations should have a clearer idea of the indicators present and be able to identify if someone is presumably experiencing modern slavery.
If you believe persons you are interacting with have experienced modern slavery, you or your organisation should provide them with a range of options, including referral pathways to access the required supports. It is important that you provide as much information as possible to allow the person to make an informed choice.
If you believe that the person has not experienced modern slavery, a summary of actions taken should be developed and stored securely. The person should be informed about other services and assistance, as well as other pathways to discuss their experience.
Individuals and organisations should reach out to specialist support organisations for support at this stage to prevent misclassifications and ensure that people who have experienced modern slavery are able to access the relevant supports (refer to communication matters).
Assessments that a person has experienced modern slavery for the purposes of referral to the STPP can only be made by the AFP or Additional Referral Pathway community service providers.
A tool on Ethical and safe interviewing conduct developed by UNODC, provides guidance for interacting with people with lived experience of modern slavery.
Individuals and organisations can use IOM’s Screening tool within the Handbook on Direct Assistance for Victims of Trafficking for further guidance.
Get ready to refer
Noting that formal determination of people who have experienced modern slavery can only be made by the AFP or Additional Referral Pathway (ARP) community service providers, individuals and organisations will need to take initial steps to refer a person they presume has experienced modern slavery.
Key actions for individuals and organisations referring individuals to the AFP and the ARP for identification
- Seek informed consent from the person before referring for identification.
- If the person who may be experiencing modern slavery does not feel safe or ready to consent to being referred to the AFP or the ARP, you can provide them with the required information in case they would like to reach out at a later time.
- Individuals and organisations can refer to the directory of services and additional and useful resources to support this.
- Provide the person with information about the referral process, including information about pathways to appeal or discuss outcomes of the referral.
Always protect the privacy and confidentiality of people who you are engaging with.
Individuals can find out more about referral pathways in Practice Area 2 of the Guidelines. Additional information can also be found on the AFP website, under ‘How to report’, or on The Salvation Army website, under ‘Additional Referral Pathway’.
Checklist: Supporting identification of people potentially experiencing modern slavery
Use Figure 8 to determine your capacity and experience to refer to this checklist.
Are you aware of and across your organisation’s standard operating procedures for working with people who are experiencing modern slavery?
Once you have commenced engagement, have you prioritised identifying and mitigating any immediate safety issues (for example, seeking medical treatment)?
- Does this situation require emergency services?
- Have you sought assistance from specialised support services for social, medical and/or psychological care?
Is the most appropriate person in your organisation leading/included in the engagement?
Do you have the right authority/decision-making capacity to commit to action or refer people for support?
Have you sought informed consent to engage?
- Do you know what to do if informed consent is not provided?
Have you taken all reasonable steps to ensure that privacy and confidentiality is protected?
- Have you implemented the privacy protections that are required by your organisation?
Identification in practice
These case studies have been developed using a combination of case studies as examples and do not reflect any real events. Any similarities to real events are purely coincidental.
Case study – Identification in practice #1
Jane is a young woman who arrived in Australia a few years ago. She visits a local health clinic for frequent headaches and stomach pains. She is accompanied by an older man who seems overly controlling and answers questions on her behalf, even when they are directed at Jane.
Sensing Jane’s discomfort, the healthcare staff respectfully ask the man to wait outside and speak to Jane alone in a private setting to ensure that they cannot be overheard. They offer her an interpreter to ensure clear communication. An appropriately trained member of the team asks open-ended, non-judgemental questions to understand her circumstances without causing distress, such as questions about her living conditions, relationships and feelings of safety.
Jane expresses uncertainty about her situation. She mentions feeling isolated from her community, having limited freedom, and feeling pressured to comply with the wishes of her partner. While Jane does not directly disclose that she is in a forced marriage, these indicators raise concerns for the healthcare staff. Recognising the sensitivity of the issue, the staff assure her of confidentiality and offer support.
Jane declines assistance at this time, even after having all the options presented to her, including referral to a culturally sensitive service. While Jane’s situation is concerning, she advises the team member that she will contact them again if she needs further support. It does not appear that she is in immediate danger and the staff respect her decision, providing their contact details and assurance that she can contact the health clinic 24/7.
Case study – Identification in practice #2
Ms Thomson is a teacher at a local primary school. During the morning drop-off, she notices a situation involving one of her students, Maya, and her caregiver, Priya. Priya is a South Asian woman responsible for dropping off and picking up Maya every day. Ms Thomson has noticed that Priya often appears anxious, avoids engaging in conversations with other parents or teachers, and dresses inappropriately for the weather, often wearing inadequate clothing despite cold temperatures. Priya also seems overly submissive to Maya’s family, particularly Maya’s uncle, who is her legal guardian. Priya rarely speaks unless spoken to, and when she does, her responses seem rehearsed.
Ms Thomson approaches Priya after drop-off one day and strikes up a conversation. She speaks in a calm and reassuring manner and asks open-ended questions such as ‘How are you finding things at the moment?’. Priya’s responses are guarded, and her English is minimal, but through the conversation she inadvertently reveals that she is not related to the family and has been employed by them for the last 10 years. She seems anxious about giving detailed answers about her work or living conditions.
Ms Thomson, understanding the importance of immediate safety and the risk of traumatisation, does not press Priya for more information. She also takes into consideration the fact that there is a child involved. Instead, Ms Thomson chooses to raise her concerns with the school’s safeguarding officer in line with internal escalation processes. She keeps the conversation and her observations fully confidential, ensuring that Priya’s privacy is protected.
Case study – Identification in practice #3
As part of its due diligence processes, an Australian company regularly contracts a third party to audit an overseas supplier operating in an industry known to have a high risk of forced labour. During a routine audit, the auditor observes the workers are largely from neighbouring countries, appear undernourished, and are tired and hesitant to engage with the auditor.
The auditor also notices the workers are closely monitored, and many of them are living in accommodation of a lower standard than mentioned in the supplier contract. The auditor, having been trained to recognise signs of modern slavery, documents their observations and stores the information confidentially. Immediately after completing the audit, the auditor raises the issue with the company’s management for further action. The company raises the matter with the overseas supplier and both parties agree to a reasonable series of actions to improve compliance with contractual labour provisions and core labour standards more broadly. By conveying the importance of labour standards to the supplier and working together to address underlying issues, the conditions in the factory improve.
Case study – Identification in practice #4
A young person presented to a hospital emergency department, seeking help after being assaulted. At the start of high school, she had run away from home and had been coerced into living with an older male. She was held in sexual servitude for over 6 years until a female friend helped her escape.
When presenting to the hospital, she had multiple indicators of modern slavery, including no possession of identification documents, extreme fear of authorities, substance dependence, no access to money of her own, and no contact with friends or family. She had physical evidence of assault injuries. Social workers made a safety plan to provide her with options for support. Initially, she was so afraid that she asked to be discharged without consenting to specialist modern slavery supports. However, she later reconnected with the hospital and consented to an admission to receive support for her substance dependence, as well as to a referral to the AFP, who referred her to the STPP.
This case highlights how perpetrators use coercion, threats and deception to control people who are vulnerable. It also illustrates how, at times, a person may not feel safe enough to consent to be referred to specialist services but can be supported to understand their options – and, as in this case, return for support linkages.
Key ideas introduced in this Practice Area
Informed consent
Informed consent means that a person is fully informed about the potential risks, benefits and implications of a decision, and voluntarily agrees to it without any coercion or pressure. It requires that the person has a clear understanding of all necessary information and the freedom to make their own choice.
Consent can be refused or withdrawn at any time. If the person is a child, or has limited decision-making capacity, they may not be able to provide informed consent. In the case of the child – you will need to consider the child’s age and maturity (refer recognising the specific needs of children).
Informed consent is a foundational requirement for support provision. Individuals and organisations should seek informed consent before taking any actions or working with people who have experienced modern slavery. The exceptions where action may be required without informed consent are:
- in the instance of a crisis situation, where the immediate safety of an individual is at risk and you are required to call Triple Zero (000)
- the person is a child, and additional considerations may apply
- there are laws or policies that may place reporting obligations on entities.
It is mandatory for some individuals and organisations to report certain information disclosed by someone who has experienced modern slavery to law enforcement agencies – for example, if there is a suspected case of abuse and neglect (this mainly relates to children, but can also relate to adults at heightened risk of modern slavery). If you have a mandatory obligation to report any information, the person you are supporting needs to be informed of this obligation and should be aware of what the reporting process may entail. In some states and territories, a failure to report suspected offences of a certain kind (for example, child harm) may result in an adult being guilty of an offence.
Limited decision-making capacity can impact upon a person’s ability to provide informed consent. Impairments or limitations will look different, depending on a person’s circumstances. For example: age (children and young people, or older people), disabilities or disorders that impact cognitive function or emotional regulation, and/or situations of family, domestic and sexual violence due to a person’s relationship to their offender.
Consideration should be given as to whether consent is express, implied, voluntary, informed, current and specific, and whether the person has capacity to consent. The Australian Privacy Principles provide information on each of these considerations and define the 4 key elements of consent as:
- the individual is adequately informed before giving consent
- the individual gives consent voluntarily
- the consent is current and specific
- the individual has the capacity to understand and communicate their consent.
What if informed consent is not received?
If an individual does not give you informed consent to engage, or take further action, or be referred to other services for further support, their decision must be respected.
People who have experienced modern slavery have the right to change their mind at any time. Should they provide informed consent at a later point, only then may you re-engage and work with that person to support them in determining the best pathway of action for them. Informed consent also requires you to respect the level and means of engagement determined by the person who has experienced modern slavery. See the Office of the Australian Information Commissioner website for more information.
The provision of ethical care and a trauma-informed approach should be the priority for all engagements regardless of where a person is at on their journey (refer to Practice Area 3).
If people feel that their decision not to consent is respected, this may increase their trust in the service and they may feel confident returning to the service for support.
Not everyone will provide consent, but our responses to their decision and respect of that decision can be an opportunity for people to feel safe enough to return, if they change their minds.
Checklist: Consideration when seeking informed consent
Provide the person with all of the relevant information about their rights as soon as possible, and make sure they feel comfortable to ask questions or request further information.
Consider using interpreters or material which has been translated into a person’s preferred language.
Actively encourage the person to ask questions if they do not understand anything you have said.
Actively encourage them to take notes on the information you have provided them.
Do not pressure a person to make decisions quickly.
- Consider providing a cooling off period to let a person consider the information they have received.
Ensure you only record information with informed consent, and that recording of information is necessary and stored safely.
Ensure that consent is constantly revisited.
- Consent is a process and there should be opportunities for the person to continually revaluate.
The provision of ethical care and a trauma-informed approach should be the priority for all engagements regardless of where a person is at on their journey (refer to Practice Area 3)
Checklist: Acting safely and ethically
Acting safely and ethically includes avoiding:
Re-traumatising a person through inappropriate or unnecessary questioning.
Exposing a person to danger or fear of danger by breaching their privacy.
Providing incorrect advice or referring a person to authorities without their informed consent.
Miscommunication and misunderstandings as a result of cultural differences, or failing to provide culturally appropriate services.
Arranging interviews between a person and media/researchers without obtaining informed consent.
Promising services that cannot be delivered, promising services on behalf of another organisation/ agency or imposing values and views.
Failing to provide adequate training for volunteers and staff.
Making judgements about the people you are engaging with.
Stereotyping or making assumptions about a person who has experienced modern slavery, based on a number of factors, including their race, culture, faith, age, gender, ethnicity, type of work, choices etc.
General checklist for conducting respectful interactions
Ensuring a safe and appropriate environment
Introduce yourself – including by explaining your role and why you are involved in the process.
Advise the person of the purpose of the engagement and obtain informed consent to continue.
Explain who will see the information, what it will be used for, and how it will be recorded and stored.
Inform them of any risks of participating in the engagement.
Ensure they understand that receiving support is not conditional on their participation in the engagement.
Ask about meeting preferences – for example (but not limited to):
- the gender of the person that they meet with
- the cultural background of the person that they meet with
- the language spoken
- the location (for example, preferences for room set-up, in an area where no one can see them etc.)
- mode of communication.
Advise them of their right to:
- not disclose, answer, or do anything they do not feel comfortable doing (and without having to provide an explanation as to why)
- privacy and confidentiality
- stop the discussion at any time
- ask that the engagement is not recorded x restrict how the information is used
- have a support person present.
During the interaction
Talk openly about and discuss the principles of trauma-informed practice.
Conduct the engagement in a safe and comfortable place, in a way that is reassuring to the person.
- If this engagement is not able to be conducted in person, ensure that you choose a mode of communication that they are comfortable with and make relevant adjustments based on what is preferred (i.e. video settings etc.). Ensure that the meeting is private, and communicate this to the person you are engaging with and include only necessary attendees.
- If the engagement is happening remotely (over the phone or online), make sure to check the person is in a quiet and private location to engage.
Only ask questions on a ‘need to know’ basis and avoid repetitive or judgemental questions.
Only record necessary information with the informed consent of the person.
Allow the person to answer at their own pace.
Ask the person if they would like an interpreter. If the person is not sure, let them know they can choose to have an interpreter present which they can use as much or little as they want, or they can start the meeting in English and you can call a phone interpreter during the meeting if they would like you to.
- If engaging online, you might also consider asking if closed captions, or other accessibility measures are required.
Take breaks as needed and be aware of signs of distress, stopping the engagement if necessary.
Where appropriate, use micro-counselling techniques throughout the engagement.
Provide information about their rights and options, including:
- ensuring that information is accurate and up-to-date
- providing details about community and government services
- tailoring the information to the person’s specific circumstances
- encouraging the person to ask for more information and answer their questions promptly.
Refer them to other services only with their informed consent.
Towards the end of the meeting, consider bringing the person back to the present and asking questions that emphasise resilience, coping or their strengths (refer to communication matters).
Following the interaction:
Ensure you maintain accurate and confidential records of all interactions, ensuring data protection and privacy.
If appropriate, follow up to ensure the person you are engaging with is aware of the meeting outcome and reiterate your support.
A few things to consider:
Avoid multiple or duplicative engagements unless absolutely necessary.
Always take the person’s assessment of their own safety seriously.
If someone is or feels they are in immediate danger, call Triple Zero (000) immediately.
Ensure that the space where the engagement is conducted is clean, safe and welcoming.
Do not set up interactions with family or community members without the express permission of the person.
Outside of interactions, if a person is in the company of people you do not know or trust, do not approach them.