Practice Area 6: Additional protections

Additional protections for people at a heightened risk of modern slavery

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Overview

In some situations, you may interact with a person who has experienced modern slavery, who needs special protection and assistance. This person may be a child or someone who may be at risk of overlapping forms of discrimination and marginalisation.

The guidance below for working with these cohorts is not exhaustive. Individuals and organisations should ensure that the service provided to the person who has experienced modern slavery is individualised and catered towards their specific needs.

6.1 Recognising the specific needs of children

International instrument: Convention on the Rights of the Child

Australia has ratified several international instruments that are relevant to people who have experienced modern slavery, including the Convention on the Rights of the Child (CRC) and its 2 Optional Protocols, and ILO Convention No.182 on the Worst Forms of Child Labour (refer to additional and useful resources).

The CRC outlines basic entitlements and freedoms that apply to all children without discrimination and has four core principles that should underpin any action concerning children: 1) the best interests of the child, 2) non-discrimination, 3) child participation, and 4) life, survival and development.

Child trafficking is an offence under the Criminal Code. Slavery-like offences, including forced marriage, are considered aggravated offences and carry higher penalties if the victim is a child.

Children who have experienced modern slavery have specific rights and unique needs

Key principles:

Children have unique vulnerabilities that put them at greater risk of exploitation. Depending on when a child experiences exploitation, they may still be developing physically and/or mentally. As such, children require timely protection and care to avoid long-term or permanent impacts caused by the particular physical, psychological and psychosocial harms they experience.
- This means children who have experienced, or are at risk of modern slavery may need additional, ongoing and long-term supports.
The best interests of the child must be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies. Parents and guardians have the primary responsibility for raising their children and acting with their children’s best interests in mind.
All children with the capacity to form an autonomous view should be afforded meaningful opportunities to freely express their views and opinions in all matters affecting them. The views of children should be given due weight in accordance with their age and maturity.
Children who have experienced modern slavery have the right to protection, whether they are nonnationals, nationals or residents of Australia. They will be considered as children first and foremost.
Children who have experienced modern slavery have the right to be informed and must be provided with accessible information on their situation, options and rights. Information should be child-friendly, in a language they understand, and gender and culture sensitive.
If you are unsure of the age of a person who may have 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.
Children with experience of modern slavery are entitled to special protection measures, both as victims and as children, in accordance with their specific rights and needs. They should be protected and supported to ensure their safety and all necessary measures should be taken to protect their privacy and identity.
Children should have access to free, high-quality, independent legal advice and representation, undertaken by legal practitioners with specialist knowledge on children’s rights and related issues (for example, modern slavery) who are capable of communicating with children at their level of understanding and development.
Where a child participates in a criminal or civil action, their rights to be heard, to be informed and to be protected from hardship at all stages of the proceedings must be upheld.

Helpful tip: Considerations when assessing and determining the best interests of the child

Assessments of the child’s best interests should be undertaken on a case-by-case basis, with holistic consideration of the child’s specific circumstances including, but are not limited to: the child’s views; identity; familial context; care, protection and safety; situation of vulnerability; health condition; and education.

In weighing the various elements, remember that the purpose of the determination is to ensure the child’s full and effective enjoyment of all the rights under the CRC, its Optional Protocols and the holistic development of the child. Elements contrary to CRC rights are not valid in assessing a child’s bests interests.

Some more useful resources on the special rights and needs of children include:

Children, like adults, have intersecting needs. Therefore, it is important to take a holistic and strengths-based approach to supporting their healing and recovery.

Supports offered should be culturally safe, accessible, and responsive to children’s needs, interests and choices.

Make appropriate referrals for children who have experienced modern slavery

If you suspect a child has experienced modern slavery:

Consider any relevant mandatory reporting requirements as well as the immediate needs of the child, and determine the appropriate referrals required. Ensure that any actions taken minimise harm to the child. In emergencies where there is a risk of immediate danger to the child, contact Triple Zero (000). Where there is ongoing risk of harm to the child, contact the AFP.

You do not need informed consent from a child presumed to have experienced modern slavery before contacting authorities. However, wherever possible, mandatory reporters should inform the child that they are required to make a report.

In all actions, always consider the best interests of the child, including their views, protection and safety.

Key principles

Individuals should be aware of relevant mandatory reporting requirements that operate within their state or territory. In some states and territories, a failure to report suspected child harm offences may result in an adult being found guilty of an offence.
Always ensure the safety of the child. Children have the right to privacy and individuals have an obligation to protect the child from the arbitrary and unlawful interference with that right. Public comments made by organisations must never identify children with lived experience of modern slavery.
Children who have experienced modern slavery have a right to receive immediate care and protection. This involves provision for their fundamental needs, including food, security, safe and suitable accommodation, access to social and health services, psychosocial support, legal assistance, and education.
Providing services to children who have experienced modern slavery requires specialist skills and training. In most cases, services will be provided by specially trained service providers from government agencies, with support from specialised NGOs. If your organisation does not have the required skills and training to assist a child with experience of modern slavery identify other relevant supports and make appropriate referrals.
Child protection is a state and territory responsibility. Children who have experienced modern slavery who are eligible for the STPP may also be given additional support through state and territory child protection authorities.

Where a child will be a witness in a court proceeding, state and territory Child Witness Services will provide support, counselling and facilities for the child to give evidence from a remote location. This assistance is free and available regardless of whether the prosecution is for a state, territory or Commonwealth offence.

Trauma from experiences of modern slavery may have lasting adverse effects on a child’s physical, social and emotional wellbeing. It is vital to ensure that responses to support children who have experienced modern slavery, are grounded in an understanding of trauma and its impacts on all aspects of a child’s development.

People experience trauma differently. Being trauma-informed means understanding what trauma looks like for the child you are supporting and how it may affect their development, health and behaviour. Avoiding re-traumatisation of the child is central to any trauma-informed intervention.

Care should be taken to ensure the safety of the child, both physical and psychological, and to create safe, inclusive and non-triggering environments that enable meaningful engagement. Working in a strengths-based way with a child involves recognising and drawing attention to their interests, strengths and resilience; for example, the strong relationships the child has with family, friends or support networks, opportunities available or achievements obtained through education, work or leisure activities, spirituality or cultural connections; and highlighting each step taken towards their recovery.

Individuals and organisations can also refer to the following resources:

Case study – Referring a child in or at risk of modern slavery

Mia is a 14-year-old high school student who is generally happy, engaged and studious. Soon after Mia turns 15, her teacher, Ms Hazel, notices that Mia regularly seems upset and distracted, the standard of her work is dropping, and her absences from school are becoming more frequent.

Ms Hazel asks Mia if anything is troubling her. Mia informs Ms Hazel that her parents have planned a family trip overseas in a few months. She is scared that while overseas, she may be married to a man she does not like. Mia tells Ms Hazel that her sister was previously married overseas to a man she did not know and at the time, Mia told her parents that she would not marry a man she does not love but they got angry and yelled at her.

Ms Hazel explains to Mia that it is a crime to force someone to get married when they do not want to. She tells Mia that, as a mandatory reporter, she must tell the authorities about what is happening. Ms Hazel acknowledges Mia’s strength in disclosing this information and reassures her that help is available and she will remain supported and informed.

Following this discussion, Ms Hazel considers the immediate needs and best interests of Mia, particularly in relation to her safety and the risk that her parents might expedite their travel plans if made aware of Mia’s disclosure. Ms Hazel contacts the AFP to see if AFP can obtain a parenting order that prevents Mia from travelling overseas or place her name on the airport watch list. Mia is also assisted to access supports such as safe accommodation, financial support, legal advice and counselling.

This case study has been provided by a specialist support organisation working to respond to modern slavery.

Support for children of adults who have experienced modern slavery, and family reunification for children

The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states that the term ‘victim’ includes, where appropriate, the immediate family or dependents of the direct victim. If an adult who has experienced modern slavery has dependent children in Australia, consideration should be given to the various support services these children might need.

If a child who has experienced modern slavery has family overseas, or an adult who has dependent children and/or a partner living overseas, they may need legal advice about opportunities for family reunification. Where reunification of a child with experience of modern slavery with their family members is possible, a risk assessment should determine that such reunification is in the child’s best interest.

Examples of the importance of support for dependents and family reunifications

On accessing support – ‘We know that victim-survivors are often leaving quite volatile or violent situations. Psychosocial support is really important for the children as well and linking them with services that can assist them because they’ve often witnessed things happen and have been secondary victim-survivors to what has happened.’

On reunification – ‘Me and my daughter, we never live together. We’ve never spent time together. My daughter has been with my mother all her life. My mother is taking care of her, and my mother will travel with her to take her to Australia and probably be here for a little while and then she has to leave. And what am I going to do when she leaves? How am I going to live with her on my own? I don’t know if we will manage.’ – (Victim-survivor)

These examples have been drawn from the report ‘Hidden Victims, Intergenerational Trauma: Supporting the Dependants of Modern Slavery Victim-Survivors in Australia’.

6.2 Recognising the particular needs of marginalised groups and understanding intersectionality

Individuals from marginalised groups or non-dominant groups are often at a higher risk of experiencing modern slavery. This includes marginalisation linked to race, ethnicity, nationality, migration status, religion, gender, sexual orientation, disability, class, and access to housing. It is important that individuals and organisations recognise how a person’s marginalised identities and background may:

impact on their experience of modern slavery and anti-slavery responses
impact their support needs
interact with your own, particularly if an individual working with someone who has experienced modern slavery is from a dominant culture or holds structural power.

What is intersectionality?

Intersectionality refers to the ways in which different aspects of a person’s identity can expose them to different forms of discrimination and marginalisation. These include but are not limited to:

ability
experience of other exploitative practices (for example, family and domestic violence or sexual assault)
gender identity and sexual orientation
migration or visa status
socio-economic status
race, ethnicity and nationality
religion.

In addition to the various characteristics that may contribute to intersectionality, there are also social factors such as harmful stereotypes and attitudes, as well as systemic causes that contribute to inequality through exclusion. This includes sexism, racism, transphobia, homophobia, and stigma.

Checklist: Considerations when providing trauma-informed practice and ethical care

Respect the person’s beliefs, religious or spiritual world views, values, culture, goals, needs and desires, as well as kinship and communal bonds.

Ensure staff are trained in recognising how different identity factors can impact upon individuals’ experiences of modern slavery and the particular supports that should be provided.

Ensure that staff have access to professional development to improve cultural safety responsiveness.

Ensure that support and engagement is provided in an ethical, non-judgemental way that is cognisant of, and sensitive to, diverse backgrounds.

Consider not only the needs of the person receiving support, but also the needs and differences of their family, group, and community.

Where required, support staff to engage with cultural consultants.

Always act in the best interest of the person who has experienced modern slavery, and ensure that individual biases or stigmas do not prevent best practice from being provided.

Work with lived experience individuals and leaders from a range of diverse backgrounds to support the development of organisational materials responding to modern slavery that consider these intersections.

Promote awareness amongst colleagues on cultural and cross-cultural issues and cultural safety to support the prevention and elimination of discrimination.

Confronting biases in the sex work industry

Individuals working in the sex work industry often experience marginalisation along several lines, including gender and gender diversity, sexuality, disability, poverty, and homelessness. These factors might all interact and lead to certain groups of people, such as Asian migrant women, being disproportionately subject to trauma and violence. There are a number of harmful biases and perceptions of people who work in the sex industry, including that all sex workers are forced into sex work, that all Asian workers are trafficking victims and workers are kept in inhumane conditions, etc. These fail to consider that many workers choose to be sex workers. The conflation of sex work with trafficking puts sex workers, particularly Asian migrant sex workers, at risk of stigma, traumatisation, and loss of livelihood, while also diverting attention and resources away from victims of trafficking.

"People and organisations working within this sector must maintain an awareness that they are capable of not only re-traumatising people with lived experience of human trafficking, but also creating trauma and inflicting harm on vulnerable and marginalised communities. There must be a commitment to accountability and harm minimisation."
– Member of the Asian Migrant Sex Worker Advisory Group

This case study has been provided based on reflections from individuals working in the sex work industry.

Working with marginalised groups, communities or identities

People who have experienced modern slavery that identify as belonging to marginalised groups, communities or identities, often face a number of additional barriers when receiving support, healing, and sharing their expertise and knowledge.

For more information about how you should consider working with people from marginalised groups, communities or identities, refer to culturally safe and responsive, and gender and sexuality sensitive section.

Cultural safety

Creating culturally safe environments is essential to help people from diverse backgrounds feel safe and ready to engage with individuals and organisations at any stage of their journey. Cultural Safety embraces the idea of ‘critical consciousness’ which encourages all participants to be aware of power imbalances and biases, which holds individuals accountable for creating culturally responsive spaces. To support building a culturally safe environment, individuals and organisations are encouraged to support staff to build their cultural awareness and cultural competence. See the National Office of Child Safety’s (NOCS) Keeping Our Kids Safe: Cultural Safety and the National Principles for Child Safe Organisations for more information.

What is cultural safety?

An environment that is safe for people: where there is no assault, challenge or denial of their identity, of who they are and what they need. Cultural safety is about shared respect, shared meaning, shared knowledge and experience of learning, living and working together with dignity and true listening. It empowers people and enables them to contribute and feel safe to be themselves.

Creating these culturally safe spaces requires individuals and organisations to respect diversity and be willing to learn, understand, and respond to a range of experiences.

This also requires:

a willingness to unlearn internalised biases and stigmas
sitting in discomfort
avoiding defensiveness
proactive commitment to consistently identifying and addressing internal, organisational, cultural, and structural biases, inequalities and power imbalances.

All of which are active learning processes.

By recognising the barriers that people may face, organisations can work to change the way in which they operate.

When discussing cultural safety, religion and faith are important considerations. The beliefs of all individuals should be respected, and individuals and organisations should work to understand how these beliefs might impact upon a person’s choices and recovery journey.

Translating and interpreting services should be considered when engaging with people who have experienced modern slavery, however, even when using these services, there is room for misinterpretation and miscommunication. Individuals and organisations should ensure that people who have experienced modern slavery are given the opportunity to choose how they want to engage with interpreting services, as well as with support staff of the same cultural background. The preferences of people who have experienced modern slavery will vary, with some feeling more comfortable to engage with those of the same cultural background, while others will not want to engage in the same way.

Thinking about gender and sexual orientation

The ideas discussed regarding cultural sensitivities should also extend to other aspects of people’s identities, such as sexual orientation and gender identity.

People who have experienced modern slavery and who also identify as LGBTQIA+ and/or are gender diverse often experience a range of barriers that prevent them from accessing the relevant support services required for their experiences. This could include finding suitable accommodation (both crisis and longer-term housing), financial supports, appropriate healthcare, and finding community support and belonging. Some barriers to finding this support could include discrimination, stereotyping, and stigma.

Individuals and organisations should consider the information included in the safe and ethical care and culturally safe and responsive, and gender and sexuality sensitive sections when working with gender diverse and LGBTQIA+ people who have experienced modern slavery. They should also consider how a person’s past experiences of discrimination, stereotyping and stigma when accessing services because of their gender or sexual orientation may contribute to feeling unsafe or unsure of accepting support.

Working with people with a disability

People with a disability, be it physical, cognitive, intellectual or sensory, often face an increased risk of experiencing modern slavery. These heightened risk factors could include potential dependencies on others for basic needs, including caregivers, or barriers to understanding or refusing situations of exploitation. People with disabilities may not be easily identified as experiencing modern slavery if there are no special considerations made for them. Additionally, people might experience some kind of disability as a result of their experiences of modern slavery.

Checklist: Working with people with a disability that have experienced modern slavery

Where possible, you should work with the person to discuss their capacity, and ensure that no decisions are made about care until this has been determined.

Ensure that this is reviewed regularly and detailed notes about the assessments are made.

Include interpreters and other support staff that can support communication efforts.

Be cognisant of the language used and ensure that it aligns with findings regarding their capacity to communicate and understand.

Ensure that all modern slavery specialist support providers and other organisations, such as law enforcement, work closely with and loop in any support officers at all times.

During difficult conversations, such as during an investigations process, ensure support officers or other intermediaries are included in the conversation.

Use trauma-informed practice at all times and carefully consider how questions are formed.

Use empowering and strengths-based language when talking with people who have experienced modern slavery.

Avoid multiple conversations about the same information and with consent try to coordinate with the diverse range of services that would also need this information.

Focus on issues that have the most impact/are of the highest concern to the person with lived experience to help build trust and rapport.

For more information on the rights of people with a disability, individuals and organisations can refer to Australia’s Disability Strategy Hub.

Legal services

People who have experienced modern slavery should have access to confidential and independent legal services. Often, those impacted have complex and diverse legal needs, including migration law, criminal law and family law. There may also be a combination of immediate legal challenges and ongoing legal needs faced by a person who has experienced modern slavery.

Access to legal advice enables people who have experienced modern slavery to understand the criminal justice process and their legal rights and obligations, and to pursue remedies without putting themselves at further risk. In conjunction with other supports, legal services can equip people who have experienced modern slavery with the information they need to make decisions about their future, and to regain control over their lives.

Legal services should be driven by the specific needs of the client and the form of justice they are seeking, which can look different for everyone. Informed consent should always be a key priority.

Legal support can range from advice or limited assistance to ongoing representation. Types of legal support may include assistance with visa and immigration-related matters, advice on modern slavery laws in Australia and the criminal justice process, assistance with applying for restraining orders against perpetrators, assistance with applying for victim’s compensation, repatriation, or referrals to other supports, including accommodation and psycho-social support.

There are a number of legal services available.

Case study – Importance of legal support and advice when a person in or at risk of modern slavery

A young woman was in Australia on a student visa, and had been studying in Australia for a couple of years. She decided to return to her country of origin during a semester break and visit her family. While in her country of origin, the woman was threatened by another member of her family, and forced to marry a male family member against her will. The marriage took place less than 24 hours later, and she was forced to move into her husband’s home. She was cut off from communication with people outside of her family and her passport was taken from her. The woman discovered where her passport was hidden, took it, and fled the house in the middle of the night. She flew back to Australia the next day, and applied for a divorce. The woman was then disowned by her family because of the divorce. The young woman received extensive counselling and casework support in Australia, and was assisted in applying for a protection visa on the basis that she was at risk of harm from her family and ex-husband.

This case study has been provided by a legal service responding to modern slavery.

Also refer to the case study on referring to a specialist support organisation.

"When engaging with people with lived experience of modern slavery to provide legal services, it is important for lawyers to adopt a trauma-informed approach. This approach acknowledges that interactions with lawyers and the legal system can be re-traumatising. It involves placing the person at the centre of the process and understanding that trauma can cause long-term challenges, such as memory loss. Ensuring physical and psychological safety, maintaining confidentiality, being transparent about legal processes, working collaboratively with the individual and others, and empowering the individual to actively participate in their legal matters, while recognising and validating their experiences and responses, are all key components of trauma-informed legal engagement."
– Specialist legal service

"I did not know about services available, I only came to know when I had to seek legal advice, they informed me about the other services available and connected me with them."
– RK, Survivor

Migration supports

A significant proportion of people who have experienced modern slavery are migrants, refugees or people seeking asylum. Due to their temporary visa status, they are at heightened risk of modern slavery and exploitation and being misled or misinformed about their rights and responsibilities. Therefore, those who have experienced modern slavery may need access to migration supports. Relevant migration supports can include:

Assistance with identifying their current visa status.
- Where they are unlawful or at risk of being unlawful, assisting them to regularise their visa status.
Making Freedom of Information applications to obtain copies of documents previously submitted in support of visa applications.
Considering visa options and advising on prospects.
Preparing and overseeing visa applications from lodgement to decision.

For complex matters, migration support could also include assistance with appeal applications to tribunals, courts, and ministerial intervention, and in the case of clients assisting with the criminal justice process, support can extend to liaising with the AFP.

Also important are referrals to other forms of migrant support, including settlement services, English language classes, and counselling services for people from marginalised groups or communities.

Repatriation and consular support

Repatriation refers to the process of returning a person who may have been trafficked back to their country of origin. This may refer to instances where someone has been trafficked into Australia from another country, or has been trafficked out of Australia (‘exit trafficking’).

Repatriation for people trafficked into Australia:

Identify someone who may have experienced modern slavery, including trafficking in persons. This includes:
- Identifying key identification documents, including a passport.
- Understanding and determining the country of citizenship and country of origin.
Connect with consular sections of the trafficked person’s Embassy, and organisations, such as IOM, who may be able to provide initial support to someone who has been trafficked.
- It is important to note that the Embassy or organisations may not be able to assist in all situations, depending on a range of factors. For example, citizenship eligibility criteria might impact what support can be accessed.
- In some cases, Australian NGOs might be able to provide support (including financial assistance).
Take actions to return the person who has experienced trafficking back to their country of origin.
Where NGOs have provided support to someone who has experienced modern slavery in Australia, it is important that, when they are being repatriated to their country of origin, there is consideration of what support might be able to be provided upon their return.

Repatriation and reintegration for people exit trafficked out of Australia:

Identify someone who may have experienced exit trafficking. This includes:
- Identifying key identification documents, including a passport.
- Confirmation of Australian citizenship and permanent residency (where appropriate).
Connect with the consular sections of the Australian Embassy, and organisations, such as IOM, who may be able to provide initial support to someone who has been exit trafficked.
- The Embassy and organisations may not be able to assist in all situations.
- In some cases, local NGOs might be able to provide support.
Steps are taken to return the person who has experienced trafficking back to their country of origin.
- Depending on the destination country, there can be significant challenges in repatriating a trafficked person back to Australia, particularly in cases of forced marriage.
- NGOs and specialist support organisations, in collaboration with government agencies, play a key role in supporting a person who may have been exit trafficked and facilitating the reintegration process. Refer to referral pathways and support sections for more information about accessing support once the person has returned to Australia.

DFAT provides consular assistance to Australian citizens overseas (and permanent residents and their families, where appropriate) in accordance with the Consular Services Charter (which outlines how the Australian Government can and cannot help a person while they are overseas). For Australians experiencing trafficking, consular services may include connecting clients to local NGOs or other services as appropriate (and where permitted for foreigners), including to arrange repatriation.

Case study – Importance of partnership for a trauma-informed response to repatriation

‘A’, along with her husband and child, departed Australia, seemingly to visit family overseas. Shortly after they arrived, A’s husband took the passports belonging to A and their child and abandoned them overseas. He subsequently contacted the Department of Home Affairs, falsifying A’s signature in an attempt to withdraw her visa application. A and her child were isolated, they received threats from her husband’s family to kill her and take the child.

A contacted the Anti-Slavery Australia (ASA) legal team who had many communications with A to ensure that she had all the information she needed to make decisions about the next steps. In close consultation and cooperation with the Department of Home Affairs, ASA assisted A with the visa application process and she was subsequently granted a permanent visa. Additionally, the Australian Federal Police, Border Force and the Department of Home Affairs partnered to assist A and her child. ASA also referred A and her child to the Additional Referral Pathway led by the Salvation Army and the Red Cross Support for Trafficked People Program. When A and her child returned to Australia they were greeted at the airport by Red Cross caseworkers and taken to safe accommodation.

This case study demonstrates how collaboration and partnerships between sectors, including law enforcement, government, NGOs and people with lived experience, are vital to providing holistic support response.

This case study has been provided by a specialist support organisation working to respond to modern slavery.

Case study – Repatriation in practice

The AFP received a human trafficking referral via DFAT. DFAT informed the AFP that it was providing consular assistance to an Australian citizen who had been forcibly exit trafficked from Australia by way of death threats made towards her family. Following her trafficking out of Australia, the person was forced to marry and was physically confined within a home. The person was also subjected to physical abuse, sexual abuse, and forced labour in the form of domestic servitude.

Working with foreign partners, Australia facilitated the safe return of this person and her dependents to Australia. Ahead of her return, local AFP human trafficking investigators coordinated immediate protection and support for the person and her dependents. This included placement of the person and her dependents on the STPP. The person and her dependents received comprehensive support while on the STPP. The AFP worked alongside social workers in supporting the person as she considered whether to participate in the criminal prosecution process.

This case study has been provided by a specialist support organisation responding to modern slavery.

Return and reintegration

Some people who have experienced modern slavery may seek to return home to their country of origin rather than engage in support pathways in Australia. Assistance is available for eligible non-citizens to return home voluntarily through the Return and Reintegration Assistance Program (RRAP).

Under RRAP, people who have experienced modern slavery might be able to receive:

confidential return counselling and information
help arranging travel documents and/or a passport, and
help booking their flight home.

They might also be eligible for reintegration assistance to:

find work
access skills training and education
start a small business, and
find rental and accommodation assistance.

For more information, individuals and organisations can visit the RRAP website, or reach out to the 2 RRAP service providers directly for independent support and information about how to return home.

Working with media

In all media publication and coverage, the dignity and humanity of all people involved should be respected, including by avoiding stereotypes and obtaining informed consent.

See the NOCS Reporting on Child Sexual Abuse: Guidance for Media for more information.

Supporting people who have experienced modern slavery engaging with the media

Individuals and organisations may be asked by journalists to share their expertise about working with people who have experienced modern slavery. While individuals and organisations may wish to engage with the media and make public comments about modern slavery issues, they should not:

Make public statements that disclose the personal information of people who have experienced modern slavery without their informed consent (when obtaining informed consent, organisations should make the person aware of the possible implications or impact of disclosing their story in the media).
Make public statements about a person who has experienced modern slavery who is part of an ongoing investigation, without seeking prior advice about any potential impacts this may have on the investigation.
- Comments made to the media during, or in the lead up to court proceedings can interfere with the administration of justice and may constitute a contempt of court. Further legal advice should be sought on this matter.
Pressurize people who have experienced modern slavery to participate in interviews with the media.
Give people who have experienced modern slavery the impression that support services may only be accessible if they engage with the media, or that it will be withdrawn or denied if they refuse.
Speak on behalf of other organisations without permission.

Checklist: Considerations when individuals and organisations are contacted directly by the media

Check the internal media policies of your organisation to confirm any guidelines or codes of conduct you might be bound by.

Where possible, before providing a formal response, seek more information about the purpose of the engagement so you are able to prepare answers more thoroughly.

Should you wish to refer to any specific cases or information, informed consent needs to be sought from the persons involved, and they should have the chance to review any materials published.

Ensure that the language content used by the media outlet is trauma-informed and focuses on empowering people who have experienced modern slavery.

Individuals and organisations might be contacted to support or facilitate interviews and engagements between a person with lived experience and the media.

Checklist: supporting engagement with the media

Ensure that the person who has experienced modern slavery is aware that their participation in this engagement is not a condition of the supports provided.

Ensure that the person has provided their informed consent to speak with the media outlet.

Inform the person of their right to privacy and provide information on how they can protect their identity (should they wish to).

This may include measures such as use of a pseudonym, not disclosing their place of origin or the location of their exploitation, or safeguarding against potential disclosures they may receive from others.
Inform the person of the ramifications of self-identification in the media, particularly the potential risks to their safety and the improbability of being able to retrospectively remove published content online.

Ask the person who has experienced modern slavery about their preferences on how they want to engage.

For example, a voice call with no video, responding to questions over email etc.
Also ask about the boundaries they wish to set around their engagement. For example, if there are questions or issues they do not wish to discuss in the interview.

Work with the person who has experienced modern slavery to provide support before, during and after this engagement.

Support should be tailored to the specific needs of the person.

Organisations might want to conduct an internal risk assessment or safety plan to ensure that all support measures are considered.

Where possible, work with the media outlet to:

Inform the person ahead of the interview about the types of questions that might be asked.
Ensure that the media outlet’s language is trauma-informed, strengths-based and empowering for the person who has experienced modern slavery.
Ensure there are opportunities for the person to review the materials before they are published to ensure accuracy.

Children and the media

Children with experience of modern slavery, like others with similar experiences, may feel empowered by publicly sharing their story. However, in recognising the particular vulnerabilities of children who have experienced modern slavery, it is crucial that additional safeguards are put in place when they engage with the media to ensure their dignity and rights are respected and upheld.

Before a child who has experienced modern slavery makes a decision to speak to the media, or before an individual or organisation facilitates a child’s engagement with the media, the following considerations should be taken into account:

Children have a right to privacy and all necessary measures should be taken to protect the identity of children who have experienced modern slavery. Ensure publications use a pseudonym, obscure their physical identity, and avoid the publication of details that could enable identification, such as, disclosure of their place of origin, the location of their exploitation or any other circumstance unique to the child.
Free, voluntary and informed consent of the child is always required before initiating any engagement with the media, regardless of whether parental consent has been provided. The child should be properly supported by a parent or carer, and informed of the ramifications of their decision to engage with the media. Informed consent of a parent or carer must also be obtained.
Any decision on whether the child speaks with the media should be guided by the principle of the best interests of the child, taking a holistic approach to the child’s specific circumstances, including their rights to privacy and safety. This involves undertaking a comprehensive child safety assessment. The best interests of the child are to be prioritised over any other consideration, including over advocacy for children’s issues and the promotion of child rights.
It is hard to know what will happen once a child’s story is shared publicly, and there are often difficulties involved in attempting to remove published content online. Clear information should be provided to the child about:
- the purpose and angle of the story
- how their interview will be used, and potential reproductions by other media outlets following publication that may not adhere to the boundaries originally set by the child
- when it will be published and how it will be disseminated (for example, print and/or online, locally and/or globally)
- who else will be in the story
- any other caveats.
Where there is any risk of danger to the child, their family or their community, even when identities have been changed, obscured or omitted, the child’s engagement with the media and the dissemination of any publications should be terminated.
In exceptional circumstances, and depending on the age and maturity of the child, it may be in a child’s best interests to be identified in a publication. Laws for reporting on children and when they can be named differ across state and territories. It is important that you understand:
- laws which apply – whether Commonwealth or state or territory
- limitations that exist (for example, the age of the child)
- steps that might need to be taken prior to publication (for example, the granting of a court order)
- the consequences of failing to comply with these laws.
It is essential that the child is properly informed of potential ramifications of self-identification, including but not limited to the risk of harm, reprisals, stigmatisation, re-traumatisation or the overwhelming receipt of disclosures from others. The child must be appropriately supported before, during and after their engagement with the media and always protected against harm. See UNICEF's Guidelines on the Protection of Child Victims of Trafficking to learn more.

Engaging with Media about Child Sexual Abuse: For Victims and Survivors, developed by the National Office for Child Safety, aims to support and empower those with lived experience in their interactions with the media. This might be a useful guide for individuals and organisations working with people with lived experience to share with their clients to use as a guide to support their engagement with the media.

Media professionals and organisations working with people who have experienced modern slavery

The media can be a powerful tool, when reporting on issues of modern slavery in efforts to minimise further harm to people who have experienced modern slavery. As such, media should ensure that their activities are conducted sensitively, ethically and in a trauma-informed way. There is significant opportunity for the media to empower people who have experienced modern slavery by providing platforms for ethical story-telling and giving voice to an issue that often forces people into silence. However, people who have experienced modern slavery can be re‑traumatised when their stories are sensationalised, perpetuate myths and stereotypes, or spread misinformation.

Media professionals should ensure that all engagement is conducted in a trauma-informed way and follows the key values for engagement set out in these Guidelines, especially seeking informed consent and protecting confidentiality and privacy. Media professionals should ensure that they understand the complex nature of modern slavery and use accurate and appropriate terminology.

Media professionals should not disseminate publications that might put people who have experienced modern slavery, their families, or their communities at risk, even when their identities have been changed, obscured or omitted. It is important that people who have experienced modern slavery never feel pressured to engage with media professionals, especially through promises of visa sponsorship, work or study opportunities, remuneration etc., and that they are given as much agency and control as possible over how their information will be used and how their story will be told.

Case study – Working with the media

Dean, a young man who had experienced forced labour, was approached by a national media outlet to speak about his experiences of modern slavery. Before commencing any engagement, the media organisation recognised Dean’s vulnerability and supported him to connect with a specialist legal organisation to ensure that his engagement with the media would not jeopardise any ongoing investigations or impact his visa processes, and provide an opportunity for informed consent to the interview.

After confirming that Dean was able to engage with the media, the media organisation arranged for an initial meeting to take place to discuss and confirm key information relating to the interview. The media organisation provided information about the type of questions they would be asking, further information about the story they were planning to write using some of the information provided by Dean, the estimated timelines for publishing, and disclosed if other people who had similar experiences to Dean were being interviewed. They also spoke to Dean about his privacy rights, discussed how he or anyone in his story would like to be represented, asked about how he preferred to undertake the interview, and checked if he required any support individuals or translating services.

Dean attended the interview with a support person and a translator provided by the media organisation. Following the conclusion of the official interview process, the media organisation asked Dean if he had any further questions, and provided Dean with a list of services that would be available to him should he require any mental health or other wellbeing support following the interview. Dean asked for a copy of the transcript of the interview. The media organisation noted that they would provide this transcript to him alongside the first draft of their story.

After a few weeks, the media outlet provided Dean with a copy of the transcript and the first draft of the story. In the story, Dean’s identity had been obscured, changing any identifying information. Dean was able to provide the first draft to his support person to confirm that he was not identifiable throughout the piece, as well as working with the translating service to provide edits and correct any points relating to his experience. Prior to publication, Dean was provided with the final draft and was advised of the details and timelines for publication.

This case study has been developed using a combination of case studies as examples, and does not reflect any real events. Any similarities to real case studies are purely coincidental.

The Media and Trafficking in Human Beings Guidelines, developed by the International Centre for Migration Policy and Development, aims to assist editors and reporters to better understand and shape the stories of people who have experienced modern slavery in ways that avoid re-traumatisation.

Reporting on Child Sexual Abuse: Guidance for Media, developed by the National Office for Child Safety, provides media professionals with practical advice and useful tips on reporting stories on complex and sensitive matters, and for interviewing people with lived experience.

Checklist: Considerations for media professionals to consider when engaging and working with people with lived experience

Before engagement

Seek informed consent prior to any engagement and ensure that people who have experienced modern slavery understand that they have the right to refuse engagement or cease their engagement at any time.

In the case of children, always protect their identity.

In exceptional circumstances, where it is in the child’s best interest to be named, understand the laws in your state and territory for reporting on children and when they can be named.

Inform the person of their right to privacy and provide them with information on how your outlet can protect their identity (should they wish to).

This may include measures such as the use of a pseudonym, obscuring their physical identity or using a voiceover to disguise their voice, or not disclosing their place of origin or the location of their exploitation.
Inform the person of the ramifications of self-identification in the media, particularly the potential risks to their safety and the improbability of your outlet agreeing to retrospectively remove published content online.

Ask the person who has experienced modern slavery about their preferences on how they want to engage.

This includes practical logistics of the interview itself, such as the location and interview style, as well as safety details, including how they would like to be identified or referred to.

Communicate the purpose and objectives of the engagement, as well as the details of how it will be published.

Provide as much detail as possible of the engagement before the engagement, leaving as much time as possible for them to prepare and ask any clarifying questions.

Ensure that they are offered a support person if required.

Ensure that information provided is accurate and up-to-date, and do not make promises you cannot keep.

Explain the process of how information will be used and then published.

During the engagement

Be sensitive and respectful throughout the engagement process.

Your reaction to an individual’s story of exploitation can have a positive or negative impact on them.

Only ask for information that is relevant to the story that is being written.

Avoid asking personal questions.
Minimise the number of repeated questions.

Be aware of the language that you use, and ensure that it is trauma-informed and strengths-based.

Certain language can foster and propagate stereotypes – be aware of these sensitivities and avoid any use of harmful language.

Ensure supports, such as a support person or trauma-informed mental health professional, are on hand.

Provide breaks where required, and stop the engagement if necessary.

Ensure that you are not offering any false promises during the engagement.

If you are not in a position to make a certain decision during the engagement, you should be clear and transparent about the process required to get a decision, which should then be included in the follow-up.
Ensure that promises made during the engagement are followed up on after the
engagement.
Document the actions required during the meeting and share this with the person you are engaging with.

Following engagement

Ensure appropriate protections are in place to safeguard the person against harm.

Follow up on the wellbeing of the person you have engaged with, especially on the day of publication.

Extend the option to access supports, such as mental health debriefing sessions to address any triggered trauma responses, for a reasonable period after engagement.

Keep the person informed on the process and any updates.

Ensure self-care and get support for yourself if required (refer to vicarious trauma).

Ensure that the framing of your story empowers people who have lived experience of modern slavery.

Does it highlight the stories of bravery and resilience of people who have experienced modern slavery, rather than simply telling their stories of exploitation?
Always consider whether your reporting minimises, invalidates or discredits the person’s experience through victim-blaming or a focus on their behaviour, choices or background. If it does, revise your publication.

Try to include the voice and perspective of the person who has experienced modern slavery, using their own words, in your reporting.

Wherever possible, share a preview of the publication and give the individual a say in choosing the accompanying photos or footage.

Consider the impact of your reporting on other people with experience of modern slavery. Ensure that details of support services are included in your publication and that you are properly equipped to deal with disclosures made by others.

UNICEF developed Ethical reporting guidelines which outlines key principles for responsible reporting on children and young people to assist media professionals to cover children’s issues in an age-appropriate and sensitive manner.

Undertaking research

Research is a powerful tool to inform an evidence-based response to modern slavery, including effective design and development of policies, programs and activities. There are personal benefits in participating in research, especially for people who have experienced modern slavery, including the opportunity to contribute to public discourse about improving support, criminal justice responses and prevention efforts.

Individuals’ and organisations’ engage in research for a variety of reasons. This includes by:

conducting their own research
commissioning researchers to undertake research on their behalf
being approached by researchers to facilitate research involving their clients or staff.

Research on modern slavery can involve a range of quantitative and qualitative methodologies, which may or may not seek the participation of key individuals, agencies and organisations.

Checklist: Supporting research participation by people who have experienced modern slavery

Ensure that relevant ethics protocols have been established and approved before undertaking research.

For example, seeking approval from Human Research Ethics Committees.

If there are overlaps with individuals that your organisations provide support services to, ensure you communicate clearly that participation in research is not a condition to receiving support.

Seek informed consent from all potential or actual participants, and inform them of risks that may arise during the research process.

To the best of your ability, protect the privacy and confidentiality of all participants. There may be some limits to a researcher’s ability to maintain confidentiality.

For example, a researcher may have responsibility to disclose information to authorities if it is required by law (for example, mandatory reporting obligations) or if the researcher believes a participant or another person is at risk of immediate harm.
Limitations also exist in group settings. Researchers cannot guarantee confidentiality if participants choose to share information afterwards.

Seek further advice from a reputable research institution or consider partnering with an established research institution.

This could include universities, hospitals, research institutes or policing agencies.

Adhere to all relevant codes of conduct.

For example, the National Health and Medical Research Council (NHMRC)’s National Statement on Ethical Conduct in Human Research.

When planning research, consider best practice approaches and ensure the research methodology is appropriate for the kind of information you are seeking to obtain.

For example, some forms of research are best conducted with the advice of a steering committee or reference panel. Best practice approaches may include having members of the affected community (for example, a person from within the sex work industry, the construction industry, from a relevant association or union, as appropriate) on a steering committee or reference panel to advise the research project.

Provide participants with pre-engagement information.

Which includes the purpose of the research, key logistics (including remuneration), how information will be used, contact details for seeking further support, and details of the approving ethics or steering committee.

Ensure the research does not interfere with any police investigations, other research activities or government monitoring bodies.

Researchers can provide contact details if the participant wishes to report a crime or seek support.

Discuss the level of expected involvement from people who have experienced modern slavery throughout the process.

For example, if they will be engaged throughout the entire research process, consider if the research questions and approach should be co-designed.

If you need further advice on conducting ethical research, individuals and organisations can seek advice from a number of key organisations, including:

Australian Institute of Criminology (AIC)
University researchers
Area health services / tertiary hospital research committees
Law enforcement authorities
Relevant ethics committees or bodies
Relevant community organisations
Relevant unions, employer groups and industry bodies.

The Australian Code for the Responsible Conduct of Research 2018 and National Statement on Ethical Conduct in Human Research 2023 guide institutions and researchers in responsible research practices. For more useful resources that provide information on appropriate research methods, refer to additional and useful resources.

In 2022, AIC established the Human Trafficking and Modern Slavery (HTMS) Research Network. The purpose of the Network is to:

Identify, promote and disseminate research about modern slavery undertaken in Australia.
Build a consortium of researchers from multiple sectors, including government, NGOs, academia and business.
Share knowledge and expertise about modern slavery research and research methodologies.
Encourage collaborative, interdisciplinary research partnerships.
Assist the Government in its response to combatting modern slavery by strengthening the evidence base to inform policy and program design.

On the AIC website, you can find more information about current research projects and find out how to register any active research projects for inclusion in a searchable database.

You can also find all of AIC’s published research projects on their website.