Review of Victims of Crimes Assistance Schemes

The Attorney General’s Department undertook a review of state and territory victims of crime assistance schemes under Action Item 27 of the National Action Plan to Combat Modern Slavery 2020-25. The report may be downloaded here.

The report outlines the key eligibility criteria and legislative requirements that must be met to access state and territory schemes. The report also outlines the different types of financial assistance or compensation payments available, and the maximum amount of payment available under each jurisdiction’s scheme.

However the report also mentions limitations of the current state and territory schems for victims of modern slavery. these include:

• a victim and survivor who was trafficked across multiple states and territories or across international borders to apply to multiple state and territory schemes, or to make a claim based on just part of their experience
• State and territory schemes differ in the type of assistance available within each category of assistance. This may result in victims and survivors of modern slavery being able to claim different amounts, or receiving different types of assistance, depending on the state or territory they reside in
• A victim and survivor of modern slavery may experience particular challenges accessing financial assistance or compensation if they are applying to a jurisdiction that does not recognise Commonwealth modern slavery offences as an act of violence or criminal offence.

The Palermo Protocol, officially titled “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” is a United Nations protocol that supplements the United Nations Convention Against Transnational Organized Crime.  Article 6 part 6 states:

Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.

For many years ACRATH, in collaboration with Anti-Slavery Australia, has advocated for a National Compensation Scheme for victims of human trafficking and modern slavery.

A National Compsensation Scheme would benefit victim survivors by:

• providing financial assistance to reduce the vulnerability to being re trafficked
• assist survivors to reintegrate into the community
• acknowledge the harm that has been suffered

ACRATH will continue to advocate until a scheme that recognises the human rights along with the unique and complex needs of victim/survivors is put in place.