Overview
There are a number of existing support pathways and specialist services in Australia that all individuals and organisations should be familiar with. Individuals may be required to refer a person identified as experiencing modern slavery to relevant support providers within their organisations. If the organisation does not have appropriate mechanisms to provide support, or additional supports are required, individuals and organisations should refer the person to a specialist support organisation.
Individuals and organisations should be aware of and have clear referral pathways in place to refer a person who may be experiencing modern slavery to a specialist support organisation. This is an important step to ensure that the process is not re-traumatising for the person, including through repeated questioning and duplicative and unclear processes.
Every person’s support needs will differ. Therefore, the planning process to undertake a referral will need to reflect those unique needs. It is vital that those working with people who have experienced modern slavery have a comprehensive understanding of their own services, the services they can work with to support the referral process, and relevant support services available in Australia. This knowledge is essential for accurately and efficiently referring people who have experienced modern slavery in a manner that respects their human rights and dignity, and incorporates trauma-informed practice.
The extent to which people who have experienced modern slavery are ready to engage in a referral process will vary. Some may not be ready to engage in any referral process, while others might only wish to engage with support service providers and not with law enforcement. Individuals and organisations should inform the person that they are working with of all their options (refer to key pathways) and allow them to choose the most appropriate option for themselves. This choice must always be respected (refer to agency and informed consent).
This section outlines the steps required to determine the services that people who have experienced modern slavery may need, including understanding when they might need additional help from specialist support organisations, and how to prepare and provide information for referrals.
Key stages for referral
Figure 9: Key stages of referral
Text alternative for the above image
Figure 9 is three circles in a row with arrows pointing from the first circle to the third circle.
The first circle reads: ‘Understand services required’. The second circle reads: ‘Consider how to refer’. The third circle reads: ‘Prepare referral information’.
Understand services required
Organisations and individuals play an important role in providing guidance around the needs of people who have experienced modern slavery and available support services.
The key objective at this stage is to research and identify the most suitable services and support mechanisms needed for the person who has experienced modern slavery.
Key actions for understanding services required
- After a person has been identified as experiencing modern slavery, individuals and organisations should work closely with the person to understand the key support services they may require.
- Some essential services that may be required and available include:
- Housing: Providing safe and stable accommodation.
- Basic needs: Ensuring access to food, clothing and essential supplies.
- Medical care: Addressing both emergency and long-term health needs.
- Health education: Promoting awareness and access to healthcare services.
- Mental health care: Offering support for psychological wellbeing.
- Safety planning: Developing strategies to ensure personal safety.
- Legal advice: Providing guidance on legal issues, including immigration status and visas, family law and avenues for financial compensation or civil remedies.
- Language support: Offering English language classes for improved communication.
- Employment and education: Assisting in finding suitable employment or educational opportunities.
- Income support: Helping to access financial support as needed.
- To assist in determining the relevant services available refer to the key pathways section and the directory of services.
Each person’s needs will vary depending on their circumstances. Individuals and organisations should be flexible in approaches to identifying relevant services available.
Checklist: Determining the relevant services required
Respect individuals’ choices – Individuals and organisations who are engaging with someone who has experienced modern slavery should support and respect their ability to make informed choices. Provide information about relevant services as promptly as possible so the individual has all the relevant information to make their own choices.
Manage expectations – Individuals and organisations should avoid overpromising and underdelivering. If your organisation lacks the necessary resources or expertise to support a person experiencing modern slavery appropriately, it is essential to not engage in services beyond your capability. Be clear about what is possible and what is not.
Embrace a ‘No-Wrong Door policy’ – Adopting a no-wrong door policy ensures that people who have experienced modern slavery are directed to appropriate support channels, even if initial contacts are made through organisations not set up to provide direct support to survivors or even primarily focused on modern slavery issues.
Consider services that are appropriate for the individual – Individuals and organisations need to consider all elements of an individual’s identity, including race, religion, sex, gender, sexual orientation, migration status, and circumstances when considering the services that are available and relevant (refer to culturally safe and responsive, and gender and sexuality-sensitive and cultural safety).
Consider past experiences of the person who has experienced modern slavery and how this might impact upon what services or organisations they may wish to engage with. For example, if someone has had negative experiences with law enforcement (either in Australia or in their home country), they may not wish to engage with law enforcement. It is important that people with lived experience are provided with the agency and self-determination to choose what pathways they would like to pursue.
* For more information refer to values that shape engagement, trauma-informed practice and principles to embed in a trauma-informed approach.
Key pathways
The Support for Trafficked People Program (STPP) is a key component of Australia’s response to modern slavery. The STPP assists people who have experienced modern slavery and who meet the eligibility criteria.
Referrals to the STPP can be made anytime by the AFP, or through the Additional Referral Pathway (ARP) (for the duration of the pilot program i.e. until November 2025).
The Forced Marriage Specialist Support Program (FMSSP) is delivered nationally by Life Without Barriers. The FMSSP provides tailored support to people who are experiencing or at risk of forced marriage.
The Australian Federal Police
In countering modern slavery, the AFP’s key focus is on prevention, detection, disruption, investigation and prosecution of these offences.
The AFP can assess whether a person has experienced modern slavery and refer the person to the STPP.
There is no requirement to engage with the criminal justice process to be referred to the STPP by the AFP, as the STPP provides program support for 90 days, irrespective of whether the person is willing or able to assist with the investigation or prosecution of a modern slavery offence. During their time on the STPP Intensive Support Stream, the person who has experienced modern slavery can meet further with the AFP as they consider whether they wish to participate in the criminal justice process.
There are 2 ways to report modern slavery to the AFP:
- Online, by completing a report form.
- Calling 131 237 (131 AFP).
The information provided to the AFP will remain confidential.
If you have immediate concerns for your safety or the safety of another person, or there is an emergency, call Triple Zero (000).
If you are supporting a person who has experienced modern slavery, ensure they are making an informed decision when contacting the AFP. This might include connecting the person with legal advice before reporting, to support explaining the criminal justice process, the potential risks involved in their participation, the role of the AFP and what next steps might look like if they proceed. Individuals and organisations should not disclose information that identifies the person until you have their informed consent.
If a person who has experienced modern slavery has provided informed and voluntary consent to engage with the AFP, that consent can be withdrawn at any time. The AFP will still provide information and assistance, as well as a referral to other support agencies and services as needed.
The AFP can also support the consideration of a visa under the Human Trafficking Visa Framework (HTVF) if the person who has experienced modern slavery is not an Australian citizen and does not hold a visa. People who have experienced modern slavery who need information about their visa status can also seek further legal advice. Specialist migration lawyers can provide free legal services relating to immigration status (refer to migration supports and directory of services). Advice about immigration status can also be sought from the Department of Home Affairs.
People who have experienced modern slavery may be reluctant to contact the AFP or other government agencies. A person’s belief that contacting the authorities will be dangerous should be taken seriously. However, advice about the key role of agencies like the AFP should be provided. An informed decision not to contact authorities should be respected, unless the person is a child and individuals or organisations have a mandatory reporting obligation to contact the authorities in cases of suspected child abuse or neglect, or it would otherwise be in the child’s best interests (refer to informed consent and recognising the specific needs of children).
"Many people they don’t want to go to the police. They might think I don’t know what will happen, are the police going to believe me, and I don’t want to get in trouble. And maybe they don’t know or understand what will be the outcome, what can happen and how long it can take. If they are given the information they need, then based on that they can decide whether they want to go to the police or not."
– Person with lived experience
Reasons why people may be reluctant to contact the AFP or other government agencies include:
- A lack of trust in police or the government.
- A sense of shame or embarrassment, self-blame or fear of being judged, stigmatised and/or ostracised by their family, friends and community.
- Involvement of family members in their experience of exploitation, or an ongoing personal or intimate relationship with the offender.
- Fear of removal from Australia or punishment by Australian authorities.
- Threats being made, including threats to third parties such as children or family members.
- A lack of understanding about what will happen after authorities have been contacted.
- Lack of information about Australian law and support services.
- Cultural and language barriers.
- Not realising they are experiencing modern slavery or that what happened to them is an offence in Australia.
- Fear of facing criminal charges if the person who has experienced modern slavery was forced to engage in criminal activity during the victimisation process.
- Reluctance and fear to go through the criminal justice process, which can be lengthy and re-traumatising for the person who has experienced modern slavery.
The AFP understands the concerns of people who have experienced modern slavery and the need for support and recovery. When people contact the AFP, specialist investigators will:
- Step people through the process and explain what may happen next.
- Prioritise safety and wellbeing at all times.
- Be respectful, non-judgemental, supportive and understanding.
- Respect privacy, preferences and decision.
- Consider culture, language, gender, age, family and community.
The AFP can help keep people experiencing modern slavery safe, provide advice and refer them to other services for support, such as accommodation, financial support, counselling, and legal and immigration advice.
Providing information on reporting, support and justice processes may be of assistance to a person experiencing barriers to reporting. Individuals and organisations are encouraged to advise people experiencing modern slavery of the processes, to increase their understanding of the protections in place when engaging with the AFP. Refer to referral pathways, supporting a person who has experienced modern slavery and criminal justice process sections for more information.
Additional Referral Pathway
On 23 July 2024, the ARP pilot program was launched. The ARP is being delivered by The Salvation Army in partnership with 4 other specialist community service providers: Anti-Slavery Australia, Australian Muslim Women’s Centre for Human Rights, Project Respect and Scarlet Alliance. The pilot will run until November 2025. The ARP referring agency will screen the person for indicators of modern slavery and make the referral, if all the eligibility criteria are met.
This means eligible people who have experienced modern slavery will be able to access the STPP through referral from the ARP community service providers, without requiring initial engagement with law enforcement.
People who have experienced modern slavery can contact any of the ARP community service providers and, if eligible, will be referred to the STPP. If found ineligible, referrals to alternative supports will be offered and explored.
The ARP recognises that some people who have experienced modern slavery may be reluctant to engage with law enforcement and feel more comfortable reaching out to a community service provider for support.
In some circumstances, people who have experienced modern slavery may be more willing to engage with law enforcement after they have received more information, or after they have been referred and received initial support through the STPP.
If a foreign national who does not hold a visa reaches out for support through the ARP, they can be connected to free legal advice about their options. Contacting ARP community service providers is free and confidential. No information will be shared or actions taken without informed consent. If the person does not speak English or would like to speak in their preferred language, the ARP community service providers can help with an interpreter.
The ARP at The Salvation Army can be contacted via:
- Phone at 1800 000 277 (1800 000 ARP) or visit The Salvation Army website.
ARP community service providers:
- Anti-Slavery Australia can be contacted by phone at (02) 9514 8115 or by emailing ASALegal@uts.edu.au or visit the Anti-Slavery Australia website.
- The Australian Muslim Women’s Centre for Human Rights can be contacted by phone at (03) 9481 3000, or by emailing reception@amwchr.org.au or visit The Australian Muslim Women's Centre for Human Rights website.
- Project Respect can be contacted by call, text or WhatsApp on 0484 027 041 or by emailing info@projectrespect.org.au or visit the Project Respect website.
- Scarlet Alliance can be contacted by phone at (02) 9517 2577 or by emailing arp@scarletalliance.org.au or visit the Scarlet Alliance website.
Table 5: Overview of the Additional Referral Pathway
| What it is | What it isn’t |
| An entry-point for the referral of people who have experienced or are experiencing modern slavery to provide support options, including the STPP. | The ARP is not a stand-alone support program. |
| Which agencies can refer to the STPP? | |
| Only ARP community service providers are eligible to make referrals. These are The Salvation Army, Anti-Slavery Australia, Australian Muslim Women’s Centre for Human Rights, Project Respect and Scarlet Alliance: Australian Sex Workers Association. | Not all organisations can refer to the STPP. Individuals and members of organisations can contact one of the ARP community service providers to initiate an assessment and a possible referral, if eligible, to the STPP. |
| Eligibility criteria | |
| The program supports Australian citizens, permanent residents or holders of a visa with at least 8 business days remaining on the visa. | While the ARP can refer people for legal and migration advice it cannot grant or extend visas. |
| Be assessed as experiencing indicators of any form of modern slavery as defined in Australian law. | |
| Be aged 16 years and above, or a child under the age of 16, if they have an appropriate legal guardian. | Children under the age of 16 without an appropriate guardian cannot be referred by the ARP. If a person is under the age of 16 without an appropriate guardian and is experiencing indicators of modern slavery, contact the AFP or a specialist legal practice. |
| If the person has previously been on the STPP and exited from the program, there must be a change in circumstances for a re-referral. | |
| What happens after referral to the ARP? | |
|
The ARP can provide information about rights and options including support pathways. Access to the ARP is voluntary and people can withdraw from the program at any time. ARP support is person-centred and trauma-informed. If a person wishes to be assessed for referral to the STPP there will be an assessment to confirm eligibility. During this process a person can be offered legal and migration advice. |
Referral to the STPP is not automatic. If there is a decision to not refer a person to the STPP, a person has a right to ask for a review of the assessment. |
| What immediate help is available? | |
| Before referral to the STPP, the ARP can offer immediate welfare support for up to 14 days while the assessment is being progressed and make referrals to other support agencies. | ARP staff are not law enforcement and cannot guarantee protection from retaliation or harm. If the immediate safety of an individual is at risk and you are required to call Triple Zero (000), the local police or the AFP may be needed to provide advice and assistance. |
| Confidentiality | |
|
The ARP can receive initial information from people who do not provide identifying details. To progress through the assessment and referral process there will be a need to provide personal information about the individual’s identity, experiences and current situation. When identity and status has been confirmed there can be a referral to the STPP. At this stage, to confirm the referral and with consent of the person, information will be provided to DSS and the Department of Home Affairs. |
Complete confidentiality cannot be guaranteed. ARP staff are mandatory reporters and must report risk of harm to children to child protection agencies. |
Understanding the Support for Trafficked People Program
The STPP is administered by DSS and delivered nationally by the Australian Red Cross. The program aims to assist people who have experienced modern slavery in meeting their safety, security, health and wellbeing needs, and to develop options for life after they leave the STPP. Case managers are responsible for supporting people who have experienced modern slavery to access services to meet their individual needs, which may include:
- case management support
- available accommodation
- medical treatment (through Medicare and the Pharmaceuticals Benefits Scheme, or as approved)
- counselling
- legal and migration advice
- skills development training, including English-language classes and vocational guidance
- social support.
The STPP has 5 streams, and, if a person who has experienced modern slavery consents, they will be able to receive Post Exit Check-ins for up to 12 months.
The streams include:
- Intensive Support stream
- Justice Support stream
- Forced Marriage Support stream
- Temporary Trial Support stream
- Transition stream.
More information on the support streams and Post Exit Check-ins, can be found at Support for Trafficked People Program.
Table 6: Overview of the Support for Trafficked People Program
| What it is | What it isn’t |
| A program to support people who have experienced modern slavery. | A program to support people who have experienced any kind of exploitation. |
| Is it a program that can provide supports overseas? | |
| A program that provides support for people who are located in Australia. | Supports people who have experienced modern slavery who are offshore, including if they are already on the program and travel overseas. |
| Is it a program that grants permanent visas? | |
|
A program to support individuals who are an Australian citizen, permanent resident, or have a visa that allows them to stay in Australia while on the program. A person who has experienced modern slavery without a visa may be able to access the HTVF to allow them to stay in Australia while participating in the program. A person must be engaged with the AFP to access the HTVF. |
A program that will provide someone access to a visa they would not otherwise be eligible for. While on the STPP, a person may be supported to access legal and migration advice about possible visa options, however they will still need to meet the eligibility criteria to be granted a visa. |
| Is participation in the criminal justice process a requirement to access casework support through the STPP? | |
|
Casework support to help people as they recover from their experience and participate in a criminal justice process, if they want to. Each person has a dedicated caseworker for the time they are on the program. The caseworker will provide support based on the needs and goals of each person through a strengths-based and trauma-informed approach. |
A program where people must engage with law enforcement to receive support. |
| How can a person access the STPP? | |
| Accessible through referral by the AFP or by a ARP community service provider. |
A program where you can self-refer. A program where any service provider or organisation can make a referral. |
| Is the duration of the STPP unlimited? | |
|
A time-limited program for the purposes of recovery and participation in a criminal justice process, if a person wants to. Caseworkers will identify other services or programs that may provide longer-term assistance to meet people’s needs, and help make referrals. |
A long-term intensive support program (however, support is provided for the duration of a person’s participation in the criminal justice process). |
| The STPP is a voluntary program – people can choose to stop receiving support through the program at any time. | |
| What the STPP can do | What the STPP can’t do |
|
Caseworkers will work with people referred to the program to identify and access support services and programs based on their individual needs, including:
|
The program cannot provide access to services or programs a person would not otherwise be eligible for. This includes:
The program is unable to provide support to people who wish to remain anonymous. |
In order to access the STPP, individuals are required to be an Australian citizen, permanent resident or a temporary visa holder.
People who have experienced modern slavery may be able to get help and support even if they do not hold a visa. If a person does not hold a visa, it is strongly recommended they are referred to a legal service for advice about their visa options.
Forced Marriage Specialist Support Program
Forced Marriage Specialist Support Program (FMSSP) case managers help victims and survivors to access supports to help them to recover and heal from their forced marriage experiences.
These supports may include:
- suitable accommodation
- medical treatment
- counselling
- family mediation, where appropriate and safe to do so
- referral to legal and migration advice
- skills development training, including English-language classes and vocational guidance
- social support.
The FMSSP aligns with commitments the Australian Government has made under the National Action Plan and the National Plan to End Violence Against Women and Children 2022–32.
The FMSSP recognises victims and survivors of forced marriage may be reluctant to take part in an investigation or prosecution against those who are forcing them to marry. They are often parents, relatives, or community members.
Access to the FMSSP does not require victims and survivors to engage with law enforcement agencies, such as the AFP, or pursue a criminal justice process to access support.
However, victims and survivors who decide they do want to pursue criminal justice will be supported throughout these processes under the FMSSP.
State and territory referral pathways
New South Wales
Under the Modern Slavery Act 2018 (NSW), the NSW Anti-slavery Commissioner has a statutory mandate to identify and provide assistance and support to people who have experienced modern slavery (s 9(1)(b)). Under this mandate, the NSW Anti-slavery Commissioner has established an assistance and support hotline, which is also formally mandated by the same legislation (s 12(d)).
The 1800 FREEDOM hotline (1800 37 33 36), established in FY2024/25, provides confidential support and assistance from the NSW Anti-slavery Commissioner. It is open to any member of the general public and can be used to receive reports of modern slavery, provide information about potential situations of modern slavery and ask general questions about modern slavery.
This hotline plays a key role in providing support for people who have experienced modern slavery and making effective referrals of possible situations of modern slavery.
Visa Supports
In order to access the STPP, individuals are required to be an Australian citizen, permanent resident or a temporary visa holder.
People who have experienced modern slavery may be able to get help and support even if they do not hold a visa. If a person does not hold a visa, it is strongly recommended they are referred to a legal service for advice about their visa options.
Human Trafficking Visa Framework
The Australian Government provides support to people who have experienced modern slavery through its HTVF comprised of the Bridging F (Temporary) visa and the Referred Stay (Permanent) visa. These visas enable non-citizens who do not already hold a visa and are assessed by the AFP as being suspected victims of modern slavery to remain lawfully in Australia for either a period of rest and recovery, to assist in the administration of criminal justice related to their modern slavery experience, or in some cases permanently. Like Australian citizens and other visa holders who are suspected victims of modern slavery, they are then able to access support through the STPP.
New worker protections
In July 2024, the Government commenced two 2-year pilot programs – the Strengthening Reporting Protections pilot and Workplace Justice visa pilot – to address migration-related barriers to reporting exploitation and pursuing workplace justice.
The Strengthening Reporting Protections pilot supports protection from visa cancellation in prescribed circumstances. It addresses fears that an employer will report a visa holder to the Department of Home Affairs if the visa holder reports exploitation.
The visa holder is able to request protection from visa cancellation if they have breached a work-related visa condition due to workplace exploitation, and there are no other reasons to cancel the visa (for example fraud, character or security).
This protection is for people on temporary visas without a ‘no work’ condition on their visa. A broader discretionary protection is also available, and is considered on the merits of the case.
The Workplace Justice visa pilot enables temporary migrant workers who have been exploited while working in Australia to extend their stay for a short period to pursue workplace justice. This visa is available to a range of temporary visa holders who are unable to effectively pursue the matter before the end of their visa.
Under this pilot, visas may be granted for 6 months or up to 12 months. Under these pilots, visa holders must be provided with a workplace exploitation certificate from a government agency (the Fair Work Ombudsman) or accredited third party regarding their workplace exploitation matter. If a certification is provided, a visa holder may apply to the Department of Home Affairs for one of the 2 pilot programs.
Case study – Seeking advice on visas
Anna was deceptively recruited for work in Australia. She had been told that when she arrived the employer would assist with a student visa with work rights. However, upon arrival she was forced to work on a visitor visa in an unsafe and exploitative environment and her employer would not help her to apply for a student visa. Anna contacted the AFP and asked for help to leave the exploitative situation and regularise her visa status. The AFP referred Anna to the STPP.
A specialist legal service provided Anna with legal advice and representation. An assessment was made of her onshore visa options and assistance was provided to apply for a Bridging Visa F. Advice about further visa options was provided by a specialist legal service.
This case study has been provided by a specialist legal service working to respond to modern slavery.
Role of the Fair Work Ombudsman
All people working under Australia’s national workplace relations system are entitled to minimum pay rates and working conditions provided for in the Fair Work Act 2009 (Cth) (Fair Work Act) and associated industrial instruments. The Fair Work Ombudsman (FWO) is responsible for providing education, assistance and advice about the national workplace relations system. It is also responsible for inquiring, investigating and enforcing compliance with workplace laws.
Where the FWO identifies indicators that could amount to modern slavery, the matter is referred to the AFP. When investigating matters that may also involve modern slavery, the FWO will focus on examining and enforcing compliance with workplace laws. This may include investigating wages and potential breaches of minimum entitlements, such as leave, maximum working hours, breaks and other protected entitlements.
The FWO website has more information about how someone who is experiencing exploitation (or individuals and organisations supporting them) can seek assistance on workplace issues. This includes practical guidance on resolving workplace issues or advice on how to contact the FWO for further assistance.
Individuals and organisations will need to work with the person they are supporting to determine how they would like to contact the FWO. There are several ways to contact the FWO, including by making an online enquiry, reporting a workplace issue anonymously online, or by phone.
Case study – How FWO can help
In April 2023, the FWO secured more than $291,000 in penalties and back-payment orders (including interest) in a litigation filed against an Australian beauty salon in court.
After a worker made a request for assistance to the FWO, the FWO’s Fair Work Inspectors investigated the request. The Fair Work Inspectors found that the salon underpaid a South Korean visa holder worker their minimum entitlements, required the worker to make unlawful cashback payments, and told her it would cover her leave entitlements and ‘amounts associated with her visa’ (including training fees, accountants’ fees, tax and superannuation). The salon further breached workplace laws by failing to make and keep records, on occasion issuing the worker with false and misleading pay slips, and regularly failing to issue any pay slip.
The FWO brought the matter before the courts resulting in significant court-ordered penalties being awarded against the salon.
This case study has been provided by a government agency working to respond to modern slavery.
Consider how to refer
Individuals and organisations should seek to determine the best course of action to refer a person who has experienced modern slavery to the appropriate services based on the available information about services and pathways, and understanding of the needs of the person.
Key actions for individuals and organisations when considering the approach how to referrals
- Individuals and organisations should work with the person who has experienced modern slavery to understand key information, their preferences and advice, and be responsive to the individual needs of the person.
- Other points to consider when determining how to make appropriate referrals include:
- What, if any, support has been received so far.
- Any involvement in legal proceedings and the current stage of those proceedings.
- Preferences and past interactions with law enforcement.
- Whether informed consent has been provided.
- Remember, unless immediate danger is present, the person is a child or the person has limited decision-making capacity, informed consent must be obtained before making a referral on their behalf.
- Understand the eligibility criteria of support services to minimise duplicating questions or requiring the person to repeatedly share their story.
- Understand how the risks and reasons for hesitation by people who have experienced modern slavery may impact their engagement and how this may impact their access to potential referral pathways.
The Guidance on Reasonable Steps developed by the Office of the NSW Anti-slavery Commissioner provides further information about how risks experienced by people who have experienced modern slavery, such as retaliation, might impact upon their access to potential referral pathways, as well how individuals and organisations can establish lived experienced-centred reporting and referral protocols.
The referral process might not always be clear or straightforward, with a number of barriers that may impact upon how you can refer a person and what services they will be eligible for.
The barriers that impact this process will vary from person to person, but could include – language or communication barriers, hesitancy to trust service providers or law enforcement, and lack of identity documentation.
Organisations that are not equipped and suitable to be undertaking referrals should contact specialist support organisations and the AFP with any queries or for further support when referring people who have experienced modern slavery to support services.
Prepare referral information
Understanding how to prepare referral information effectively and safely is vital for individuals and organisations that provide services to people who have experienced modern slavery.
The key objective at this stage is to ensure that all referral information is current and accurate, prepared in a trauma-informed way and includes the wishes and informed consent of the person who has experienced modern slavery.
Key actions for individuals and organisations when preparing referral information
- The safety of the individual who has experienced modern slavery must be the primary consideration.
- Only provide written information if it is safe to do so, and ensure computer networks are secure.
- Always protect an individual’s privacy and confidentiality.
- Information should only be shared with informed consent, and you should advise the person who has experienced modern slavery what information is being included in the referral process.
- Consider your safety, and the safety of those you work with, and ensure they are not placed in unsafe situations.
- Legal and migration advice must only be provided by a qualified person.
- All referral information should be accurate and up to date.
- If possible, prepare information in the preferred language of the person who has experienced modern slavery.
"Making referrals to appropriate service providers is crucial in connecting people who have experienced modern slavery with help. This process must be voluntary and should be based on a good understanding of a person’s situation/ support needs. It is important that the person at risk provides informed consent before a referral is made and that an opportunity for clarifying questions/concerns is provided.
When making referrals, it is essential to provide the person who has experienced modern slavery the information they need to make an informed decision. Some considerations to be mindful of include:
- being well informed about services before making a referral and communicating the role of services and what referral processes may look like
- documenting consent where appropriate, unless the referral is made because the person is in danger or at immediate risk of harm
- ensuring services offered are tailored to the person’s needs to the best of your ability
- selecting credible and professional services and promoting agency and choice in choosing options
- confirming eligibility with services before making referrals
- following up with the person to see how their experience has been with the service, if the person consents to it
- storing information about the referral in a safe, ethical and confidential manner
- considering with the person with lived experience what information they want shared."
– The Australian Red Cross
Referrals in practice
Case study – Referrals in practice #1
Melissa was being pressured to marry a man against her will and was seeking guidance and support. She had recently seen a news article on a young woman who had reached out to the AFP and received help for the same issue. She used the computer at the library during her study break to make an online report to the AFP.
After receiving and assessing her online report, the AFP called Melissa to organise a meeting to gather more details and to see how AFP could assist her. Melissa advised AFP that a safe time to meet would be the next day during her lunch break, at a safe location on campus at her university.
The AFP met with Melissa and discussed what she was experiencing and how she would like them to support her. An AFP officer advised that forced marriage was a crime in Australia. Melissa stated she did not want to pursue any criminal justice proceedings, but she did want time to consider it and was also in need of immediate supports like housing, counselling and support with continuing her studies. As such, the AFP completed some initial safety planning with Melissa, explained the STPP and asked if she would like to be referred. Melissa agreed and was referred by the AFP to the Australian Red Cross to commence receiving this support.
This case study has been provided by a specialist support organisation working to respond to modern slavery.
Case study – Referrals in practice #2
Suren was deceived into going overseas with a job offer. Upon arrival, his identification documents were taken away. Suren endured living in poor conditions and long work days with limited breaks and no days off. He had been threatened and told that if he ever reported what had happened to him to the police, his family would be harmed and he would be breaching his visa conditions and would never be able to return to Australia without being arrested.
Suren had sustained some injuries and presented to a hospital for treatment. He was supported by the hospital social worker and he confided in her some of what he had been through with the use of an interpreter. The social worker identified some indicators of potential exit trafficking. The social worker provided Suren with options for referrals to different services, including seeking support from the local police or Australian embassy.
Suren consented to assistance from the Australian embassy and was safely transported back to Australia. Suren received medical treatment upon arrival and the hospitals social worker provided him with further referral support options, including the STPP. Suren said that he would like to be referred for these supports, however, he did not feel safe to report to the police in order to obtain this referral. The social worker explained the ARP process and Suren agreed that this would be a good option for him. Suren was supported by the social worker to complete The Salvation Army’s online referral form. The Salvation Army then conducted an assessment with Suren over the phone and assessed him as eligible for a referral to the STPP. Suren provided informed consent to being referred, so The Salvation Army submitted a referral. Suren was accepted into the STPP and his new caseworker was able to meet him at the hospital later that day to commence support.
This case study has been provided by a specialist support organisation working to respond to modern slavery.
Case study – Referrals in practice #3
Patty had been working on a farm in a regional area. She was forced to work long hours without breaks and for little pay. Her employer also claimed she had accrued a significant amount of debt to them due to the costs of her coming to Australia, her accommodation and transport to and from work. Patty had fled the farm but was worried about her visa, obtaining the unpaid wages to support her family and obtaining medical care and appropriate housing as she was pregnant.
Patty had made a friend from the same community who used to work on the farm as well. The friend suggested that Patty have a look at the Work Right Hub, an online resource for information, and consider referral options. Patty accessed the Work Right Hub on her phone. She clicked on the ‘I need help’ option and selected some of the issues she had experienced on the farm. This sent her to a page which provided advice that, based on her responses, she may have experienced modern slavery. It provided a list of agencies she may wish to contact and a brief overview of what support they may be able to provide. She contacted the AFP and then was referred to the STPP.
This case study has been provided by a specialist support organisation working to respond to modern slavery.
Case study – Referrals in practice #4
A person who had experienced sexual servitude was referred by a specialist support service to a specialist legal service for legal and migration advice. The specialist legal service provided direct advice and assistance with respect to the client’s immigration matters. The client also had a particular issue regarding inheritance of an estate, which fell outside of the legal service’s expertise. Therefore, the legal service referred the client to a probate lawyer for assistance with the inheritance issue, and also liaised with the probate lawyer on the client’s behalf when required. The person was also referred to a service for trauma-informed counselling and psychological support to assist with dealing with their complex trauma.
This case study has been provided by a specialist support organisation working to respond to modern slavery.
Case study – Referrals in practice #5
No longer feeling safe at home, Sabia left her family after being threatened with a forced marriage overseas and accessed a specialist youth service. Sabia was referred to a safe house service for accommodation and casework support. With Sabia’s consent, background information was able to be shared between the 2 services, meaning that when conducting the assessment, the safe house service did not have to ask Sabia for detail she had already shared, reducing the risk of re-traumatisation. Sabia was welcomed as a resident to the safe house service, and the specialist youth service provided outreach support for the first few weeks to ease the transition process of settling into a new home.
This case study has been provided by a service provider working to respond to modern slavery.
Key ideas introduced in this practice area
Protecting privacy and confidentiality
Under the Privacy Act 1988 (Cth) (Privacy Act), government and some private sector organisations are required to protect the privacy of personal information (refer to who must comply with the Privacy Act). Although some organisations may not be legally required to comply with the Privacy Act, all organisations should take the following steps to protect people’s personal information, including sensitive information:
- only collect information that is necessary and after obtaining an individual’s consent to do so. If it is possible to provide effective services without collecting personal information from a person who has experienced modern slavery, then do so.
- do not collect personal information about a person who has experienced modern slavery solely because it may be of use in the future.
- inform people what actions will be taken with the personal information collected about them.
- only use personal information for the purposes for which it was collected.
- consider whether there is a need to disclose personal information. Personal information should not be disclosed without the informed consent of the person.
- if people ask, give them access to the personal information held about them.
- keep personal information secure.
- destroy information that is no longer needed and there is no legal reason to keep it.
- keep records containing personal information accurate and up to date. Individuals and organisations should consider making a staff member responsible for privacy compliance.
- if a subpoena is received to produce documents which relate to someone’s personal information, seek legal advice before producing the documents.
Do not disclose the personal information of a person who has experienced modern slavery. To keep personal information confidential, individuals and organisations should:
- require staff members (including contractors and volunteers) to sign a mandatory confidentiality agreement.
- ensure all staff members understand privacy obligations and the risks of breaching privacy (refer to Office of Australian Information Commissioners’ Privacy guidance for organisations and government agencies and Privacy for not-for profits).
- implement a policy for recording and storing information about people who have experienced modern slavery, and take relevant disciplinary action in response to breaches of this policy.
- obtain legal advice before responding to requests to hand over documents outside of the organisation.
- understand the implications of protecting the identity of a person who has experienced modern slavery during court proceedings (refer to criminal justice process).
- make sure public presentations or interviews do not disclose personal information about a person who has experienced modern slavery without their informed consent.
The Privacy Act contains exemptions that permit the disclosure of personal information to law enforcement agencies, such as the AFP, in circumstances where it is reasonably believed the use or disclosure of the information is necessary for the law enforcement agency to undertake relevant activities, such as the investigation of modern slavery offences. Breaches of privacy can occur if individuals and organisations:
- use the name of a person who has experienced modern slavery in a media interview (refer to working with media)
- transmit, store or dispose of information via non-secure means, such as putting information in a general rubbish bin or uploading it to third-party platforms
- publish photos or films where the identity of a person who has experienced modern slavery is disclosed
- neglect to appropriately train staff members on privacy protocols
- disclose information about the country of origin or circumstances of a particular case that enable the person who has experienced modern slavery to be identified.
Overall, consider how would you like your personal information handled, and if in doubt, seek advice.
More information about privacy is available from the Office of the Australian Information Commissioner.
The OAIC also has training resources that might be useful for understanding your privacy obligations.
Access to remedy
Depending on the circumstances, a person who has experienced modern slavery may wish to pursue processes to seek justice for their experiences of exploitation.
It is important that there are processes and systems in place to identify people who have experienced modern slavery, remediate the harms caused, and provide avenues for complaints and feedback.
Remedy and remediation
Access to justice is both a fundamental right and a means to enforce all other human rights. In all contexts, it refers to the ability to seek and obtain a just, equitable and timely remedy for violations of rights.
Remedy for human rights violations can refer to both the process of providing remedy for adverse human right impacts, as well as the substantive outcomes that can counteract, or make good, the impact. Remediation, on the other hand, refers to the process of responding to individuals that have been harmed, and includes preventing and mitigating other potential harms.
Remedy or remediation can mean a range of things for a person who has experienced modern slavery, including:
- Restitution (restoring the person back to the situation they were in before the serious exploitation occurred – this may include repaying wages owed).
- Compensation (including financial).
- Rehabilitation (paid access to support services, including medical, psychological and/or accommodation support).
- Access to support services to find stability (including legal support for visa stability or residency, access to housing and support finding work).
- Apologies (for the harm caused).
- Sanctions (including restrictions on engagement).
- Guarantees of non-repetition (preventing future violations of human rights or exploitation).
Remediation processes can support people who have experienced modern slavery to find some stability and work towards healing and restoration. Achieving freedom often involves regaining control, and remediation can provide a clearer pathway to regaining this control. Without effective remediation processes, there is a heightened risk of increasing barriers faced by people who have experienced modern slavery in meeting their basic needs, potentially leading to a cycle of re-traumatisation and re-victimisation.
Each person with experience of modern slavery will have a unique view on what kind of remedy and remediation is meaningful to them based on several factors, including the stage of their trauma recovery journey. The process can be part of their recovery and empowerment journey, if it is done in a trauma-informed way, including in safe relationships with a collaborative support network.
It is important to listen to what remedy means to the person to maximise the potential for that remedy to facilitate their journey of healing and empowerment. It is not only the remedy itself that is important, but also the process of seeking it that is significant to a person who has experienced modern slavery.
"No survivor should be left at the remediation bus stop with no roof, and left out there in the weather."
– Member of the Survivor Advisory Council
Despite the many benefits that remediation can provide, it is important to remember that it can never make up for the harm from experiences of modern slavery.
"There is not a monetary amount or a sentence that could be handed down, or other compensation payment that could really amount to the value of what someone loses in these situations and the impact it has on their life long term."
– Member of the Survivor Advisory Council
Figure 10 illustrates how an organisation might respond should they identify a case of modern slavery or other forms of serious exploitation, including labour exploitation. Refer to Walk Free’s Modern Slavery Response and Remedy Framework (page 12) for more information and practical explanation on the above framework.
Figure 10: Responding to an identified case of modern slavery
Text alternative for the above image
- Investigate and verify
- Remediate Harm to Workers
- Mitigate and Prevent Future Harms
- Escalation
- Incident Reporting and Tracking
- Review
An organisation’s response may depend on the extent of their involvement in causing harm. This could be whether it has caused, contributed to or can be directly linked to the harm. Refer to the ‘continuum of involvement’ included within Walk Free’s Modern Slavery Response and Remedy Framework (page 7) for more information on appropriate prevention, mitigation and remediation actions.
If a process of remediation is to take place, considerations around the safety and self-determination of the person who has experienced modern slavery remain paramount:
- Protect people first.
- Take responsibility.
- Listen to people who have experienced modern slavery.
Case study – Remediation in practice #1
Fatima was sponsored to come to Australia through the humanitarian program by her aunt and uncle. In Australia, she was physically and psychologically abused and forced to work excessive hours. Fatima was referred to the AFP by an educator who had met her at school. An investigation commenced into human trafficking, and intervention orders were also obtained against Fatima’s aunt and uncle. Fatima was referred to a specialist legal service for a victim compensation application. The organisation assessed eligibility, made submissions and worked with a number of health care professionals and the AFP to prepare and submit the supporting documents for the application. A successful award of victim’s compensation from the relevant state and territory was obtained, including compensation for Fatima’s pain and suffering, counselling and medical treatment.
This case study has been provided by a specialist legal service working to respond to modern slavery.
The right to access justice is an implicit requirement within the core international human rights treaties as well as a core component of the UNGPs. There are various kinds of remedy and remediation, and all organisations are encouraged to develop appropriate policies and procedures. Some forms of financial compensation can be facilitated by referrals to specialist legal centres – for example, for assistance with statutory victims of crime financial assistance, compensation or other legal remedies like actions under the Fair Work Act.
Governments have a duty to respect, protect and fulfil human rights and fundamental freedoms within their territory. Under Guiding Principle 25 of the UNGPs, part of a State’s duty is to protect human rights against business-related human rights abuse or failures to comply with and respect international human rights standards, and to take appropriate steps so those affected have access to effective remedy (refer to human rights).
Similarly, under Guiding Principle 22 of the UNGPs, where a business identifies ‘that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes’. Refer similarly to Guiding Principle 29.
For more information on State-based access to remedy and grievance mechanisms, you can refer to the Access to Remedy in Cases of Business-related Human Rights Abuse: An Interpretive Guide (Advance Version), developed by the United Nations Office of the High Commissioner for Human Rights (UN OHCHR).
Case study – Remediation in practice #2
A large company in Australia identified a case of modern slavery at one of their supplier sites offshore, following a routine audit. During this process, the auditor recognised a number of the ILO’s forced labour indicators, including excessive recruitment fees and restrictions on freedom of movement. The company partnered with the supplier, as well as any third parties, to remediate the impacted workers, as well as to implement a number of controls to prevent re-occurrence. Key actions to remediate the situation by the company included repayment of the recruitment fees to impacted workers (with the support of a local NGO to deliver in-language support and briefing materials about the remediation processes), repatriation of workers (where possible), undertaking a social compliance audit to confirm that the corrective actions were implemented effectively, and developing a worker voice survey to capture workers’ sentiment. The company noted that they would continue to manage the progress of this supplier through a continued cycle of audits, additional worker surveys and engagement in locally run projects to address modern slavery.
Case study developed using publicly available information, and with the consent of the company for its use.
Checklist: Considerations when undertaking remediation*
Ensure that you have developed a clear and documented procedure for responding to potential cases of modern slavery (including initial assessment, investigation and resolution).
Designate responsibility for managing and overseeing an investigation or review process to a team or individual.
Conduct thorough, impartial investigations into grievances and other allegations of modern slavery or misconduct from staff when working with someone who has experienced modern slavery.
Make sure that all relevant evidence is gathered and evaluated.
- You can involve external experts if necessary to maintain expertise and objectivity in the investigation.
- Investigations should be conducted in a timely manner, and affected stakeholders should be kept informed about the progress and outcomes (UNGP Guiding Principle 31).
- If you are a support or frontline worker/organisation, ensure the person engaging with the person reporting misconduct is not also undertaking the investigation.
Offer support for the affected individuals and work to ensure that affected stakeholders receive appropriate remedy for harms suffered.
- Refer to the list above for the different types of remediation that could be offered.
Develop and implement corrective actions based on the findings of investigations.
- These actions should address the root causes of the modern slavery, staffing, or procedural issues identified.
- These may include changes to staff, policies, practices, training programs, or supplier agreements.
Implement mechanisms to monitor the effectiveness of remediation actions and ensure that they are addressing the issues appropriately.
Conduct follow-up reviews and assessments to verify that corrective measures have been implemented and are achieving the desired outcomes.
Use insights from the remediation process to continuously improve grievance mechanisms, investigative procedures and overall practices related to modern slavery, including procedures for working with people who have experienced modern slavery.
Document lessons learnt and integrate them into future policies and procedures to enhance the organisation’s response to modern slavery.
If appropriate, report publicly on the steps taken to address incidents of modern slavery and the outcomes of investigations, while maintaining the confidentiality and privacy of affected individuals.
- Include information on the effectiveness of remediation actions and any challenges encountered.
Engage with stakeholders, including affected communities and human rights organisations, to discuss the outcomes of remediation efforts and gather feedback for improvement.
Use stakeholder feedback to refine and enhance the company’s approach to addressing modern slavery.
* As noted above, remediation is not only a process relevant for business stakeholders. Other stakeholders could consider the advice in this section and ensure effective procedures are in place to address misconduct or concerns when working with people who have experienced modern slavery.
Grievance mechanisms
Grievance mechanisms are processes that allow people who may have been impacted by an organisation’s activities, including those in their supply chain, to raise concerns and grievances about business-related human rights harms and to seek remedies. Grievance mechanisms can be State-based or non-State-based, judicial or non-judicial. Grievance mechanisms should be designed in a manner that is trauma-informed.
Individuals and organisations are increasingly recognising the importance of incorporating effective grievance mechanisms to address and remediate business’ involvement in harms caused by modern slavery and to support best practice principles.
Grievance mechanisms support human rights due diligence by allowing businesses to:
- identify modern slavery risks, as well as broader risks to human rights
- monitor trends in complaints
- improve policies and procedures by incorporating information about grievance mechanisms into key organisational documents and strategies.
The Global Compact Network Australia has developed guidance on implementing effective modern slavery grievance mechanisms. This guide provides practical advice on how to design and implement good practice and effective grievance mechanisms.
IOM have also developed Operational Guidelines for Businesses on Remediation of Migrant Worker Grievances, which provides organisations with a framework for designing and implementing an effective remediation program that emphasises engaging with all workers, including migrants.
Do not assume that individuals experiencing modern slavery will use a company’s grievance mechanisms to report their situation. Often, they are unsure where to seek help or have no way to raise their concerns. Instead, the UNGPs require that businesses implement ongoing human rights due diligence to identify red flags and undertake appropriate follow-up action. Additional reports of modern slavery can be received through various channels, including from a third party, such as a social compliance auditor, contractor, trade union representative, journalist, NGO, researcher, or a member of the community.
Feedback loops and other mechanisms
The key principles underpinning grievance mechanisms can also be applied beyond a business perspective. To build trust and rapport and operate in a transparent and inclusive way, people should feel there are processes in place to safely report instances where good practice has not been followed.
Organisations should ensure that there are procedures and documented processes for people who have experienced modern slavery to provide feedback or complaints if good practices are not followed. It is important that people know about these mechanisms and feel safe and comfortable reporting issues without fear of it affecting the support that they will receive.
If people who have experienced modern slavery would like to provide feedback or make a complaint about services/engagements with stakeholders, organisations should support individuals to find the appropriate mechanism, and follow due process.
"What sort of grievance mechanisms do we have for survivors? Sometimes things go wrong, but there needs to be a place for survivors to raise this."
– Member of the Survivor Advisory Council
Peer support for people who have experienced modern slavery
Peer support can be an important part of recovery and healing at all stages of the lived experience journey. When navigating complex systems and responding to a range of issues, individuals who have experienced modern slavery can often learn a lot from one another and they are able to provide support that those with learnt experience cannot. Participating in peer support networks often results in better outcomes for healing and recovery for people who have experienced serious exploitation, as they are able to build social connections, rapport, and peer-developed solutions informed by similar experiences of exploitation.
Individuals and organisations supporting people who have experienced modern slavery should present them opportunities to engage in relevant peer networks and support their engagement in these networks if they choose to take up the opportunity.
Peer support can take many forms, including:
- Formal/professional peer support – refers to support provided by professional peer support workers who have training on how to use their lived expertise to support others, including through groups or one-to-one sessions.
- Informal peer support – focuses on relationships between people who have shared similar experiences and does not necessarily include trained facilitators, practice guidelines or support services. Some examples of these kind of networks include social media groups, group meet-ups, blogs or forums, or informal one-to-one support.
When providing peer support, it is key that people who have experienced modern slavery always remain involved and have agency to make their own decisions. Informed consent must be sought at all points of engagement, including the involvement of friends, family, and support people.
The National Practice Guidelines for Peer Support Specialists and Supervisors, developed by the American Psychiatric Association, provides expertise and practical guidance to supervisors of peer support workers to understand the core values of mutual support and the complexities around provision of support.