- Posted on 11 Jul 2024
- 3-minute read
Empowering survivors of modern slavery to access justice and rebuild their lives.
Project summary
Exploitation of migrant workers is endemic in certain industries in Australia. Unlawful employer conduct goes unchecked, in part, because many migrant workers stay silent – they fear that if they come forward, they will put their visa and stay in the country at risk.
Exploitation can only be detected if migrant workers can report exploitation and access justice without jeopardising their immigration status.
In February 2023, Associate Professor Laurie Berg (Faculty of Law) along with her colleague Associate Professor Bassina Farbenblum (UNSW), in collaboration with the Migrant Justice Institute and Human Rights Law Centre, published Breaking the Silence: A Proposal for Whistleblower Protections to Enable Migrant Workers to Address Exploitation.
The proposal urged the government to establish two robust new visa protections to enable migrant workers to hold exploitation employer to account. These include a guaranteed protection against visa cancellation for migrant workers who bring labour claims, and a short-term visa to enable migrant workers to pursue labour claims at the end of their stay.
A national coalition of over 40 legal service providers, unions, ethnic community peak bodies, churches, and welfare agencies endorsed the proposal.
In 2024 the federal government committed to introduce these two new measures, adopting the bulk of the framework proposed by the researchers. Berg and her colleagues were invited to participate in a ‘co-design’ process with the Department of Home Affairs to refine the details of the scheme, including ensuring that these protections will be available to migrant workers who pursue claims through unions and non-profit lawyers, in addition to government enforcement agencies.
The centrality of migrant agency in accessing these protections without government certification is unprecedented globally.
Once introduced, between 2024 and 2026, Berg and her colleagues will undertake an evaluation of the outcomes for individual workers, and strengths and weaknesses of the scheme, with a view to informing iterative reform of the visa framework.
Researcher
Associate Professor, Faculty of Law
Key collaborators
Associate Professor Bassina Farbenblum, UNSW Faculty of Law & Justice
Migrant Justice Institute
Human Rights Law Centre
Project timeframe
2022 – 2026
SDG targets addressed by this project
Decent work and economic growth:
8.8 Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.
8.7 Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.
Reduced inequalities:
10.3 Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.
10.4 Adopt policies, especially fiscal, wage and social protection policies, and progressively achieve greater equality.
10.7 Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
Peace, justice and strong institutions:
16.3 – Promote the rule of law at the national and international levels and ensure equal access to justice for all.
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