WA pair charged with alleged offences against seven foreign workers after AFP human trafficking investigation
A West Australian couple previously charged over allegedly keeping an employee in debt bondage is expected to appear in Perth Magistrates Court today (12 July, 2024), charged with additional offences relating to six other foreign nationals.
The AFP first charged the man, 32, and woman, 37, in May, 2024, after investigating allegations they provided false details on visa applications for a foreign worker who came to Australia in late 2023 to work as a masseuse in their business in regional WA.
The couple is accused of mistreating the woman, 36, after her arrival, including by allegedly taking her passport illegally, underpaying her and forcing her to pay off debts that were excessive or unreasonably allocated to her.
The man and woman, who live in Ocean Reef, were initially charged with three offences relating to allegations against the one worker.
After further inquiries, the AFP has charged them with additional offences over allegations they submitted false information on multiple visa documents relating to the 36-year-old and on visa applications for another six foreign workers.
Only one of those other workers, now 38, arrived in Australia. She was employed at the couple’s massage business in early 2023 but ceased employment after three months.
AFP Human Trafficking Team acting Sergeant Kevin Loermans said police would allege the couple had repeatedly provided fraudulent information on visa applications to try to subvert immigration laws.
“We allege they aimed to profit from exploiting vulnerable foreign workers who may be unwilling to complain because they have fewer support networks and less understanding of workers’ rights in Australia or the help available to protect them,” he said.
He said the AFP’s focus in human trafficking investigations was the safety, health and welfare of victims.
“We urge individuals to be aware of the indicators of slavery-like practices and report anything that may seem suspicious,” he said.
The man, 32, a Chinese national, and the woman, 37, will each face the following charges:
- Nine counts of delivered to a person performing functions under the Migration Act 1958 (Cth), multiple documents containing information that is false in connection with the entry and immigration clearance of a non-citizen, with an application for a visa to enter Australia and a further visa permitting the non-citizen to remain in Australia, contrary to section 234 of the Migration Act 1958 (Cth). The maximum penalty for this offence is 10 years’ imprisonment;
- One count of engaging in conduct that caused a person to enter into debt bondage, contrary to section 270.7C of the Criminal Code Act 1995 (Cth). The maximum penalty for this offence is four years’ imprisonment; and
- One count of having control of a foreign travel document, being a passport belonging to another person, contrary to section 21(4) of the Foreign Passports (Law Enforcement and Security) Act 2005 (Cth). The maximum penalty for this offence is 10 years’ imprisonment.
If you suspect that you or another person is being exploited or is at risk of being exploited, help is available. Call 131 AFP (237) or report via the AFP website.
If you have immediate concerns for your safety, the safety of another person, or there is an emergency, dial Triple Zero (000).
If you or someone you know is exploited at work in Australia, visit the Work Right Hub for more information and support.
The Support for Trafficked People Program is a key component of Australia's response to support victims of human trafficking, slavery and slavery-like practices, and is delivered nationally by the Australian Red Cross. For information and confidential advice please contact the Australian Red Cross on 1800 113 015 or visit the Red Cross website.
As part of the AFP's commitment to combatting human trafficking and slavery offences in Australia, the AFP is using technology as a tool to counter these crimes and has developed a training and awareness program, entitled "Look-a-Little-Deeper" to help state and territory police and other Commonwealth agencies recognise signs of human trafficking and slavery-type offences in the community.
The below can be indicators of human trafficking, slavery and slavery-like practices, which are comprehensively criminalised under Divisions 270 and 271 of the Criminal Code 1995 (Cth):
- Employer or manager being unable to show records of wages paid to workers.
- No access to earnings or savings.
- Workers live in places unsuitable for living, such as in agricultural or industrial buildings or in overcrowded or unsafe accommodation.
- No labour contract.
- Forced to work excessively long hours.
- No choice of accommodation.
- Never leave work premises without being escorted by their employer.
- Unable to move freely.
- Disciplined through fines.
- Subjected to insults, abuse, threats or violence.
- Employer doesn't provide basic training.
- Information is provided in languages other than the local language around the workplace.
- No health and safety notices.
- Employer or manager being unable to show the documents required for employing workers from other countries.
- Health and safety equipment being of poor quality or missing.
- Work equipment being designed or modified so that it can be operated by children.
- Evidence that labour laws are being breached.
- Evidence that workers must pay for tools or that costs for food or accommodation are being unlawfully deducted from their wages.