Impact Missions Media release

End note test

When most Australians were taking a well-earned break over Christmas and New Year, a delegation of our scientists led by Dr Andrew Forrest AO were keeping close watch on Woodside’s seismic blasting for its Scarborough gas project off Australia’s Northwest coast.

Walk Free’s input to the Department of the Attorney General’s consultation paper “Enhancing civil protections and remedies for forced marriage in Australia”

Submitted on: 25 September 2024

Contact: info@walkfree.org

Confidential: No

 

A. INTRODUCTION

Walk Free, an international human rights group working to accelerate the end of all forms of modern slavery, welcomes the opportunity to provide input to the civil protection framework for forced marriage in Australia by the Department of the Attorney-General (AGD).

The information in this submission is derived from various Walk Free research reports, including the Global Estimates of Modern Slavery (Global Estimates),1 the 2023 Global Slavery Index (GSI),2 Walk Free’s 2023 Identifying and Responding to Modern Slavery: A Toolkit for Faith Leaders report and Walk Free’s 2020 Stacked Odds report. 3 It also incorporates relevant findings from academic research, civil society organisations, and reports from the Australian Government.

For ease of reference, we have responded to Questions 2-3, 5-9, and 19 of the consultation paper in Section C at page 3 of this document. 4 A summary of our recommendations can be found at Section D at page 12.

We welcome any opportunity to discuss the information contained herein further with the AGD.

 

B. OVERVIEW OF MODERN SLAVERY IN AUSTRALIA

 

1. The 2023 GSI estimates that on any given day in 2021, there were 41,000 people living in modern slavery in Australia. This equates to a prevalence of 1.6 people for every thousand in the country.5 While prevalence of modern slavery in Australia is relatively low, migrants are disproportionately vulnerable to exploitation in the country.6

 

2. From 1 July 2022 to 30 June 2023, the Australian Federal Police (AFP) received 340 reports of modern slavery including forced labour, forced sexual exploitation of adults and children and forced marriage.7 Forced marriage remains the most frequently reported form of modern slavery to the AFP.8 Since the criminalisation of forced marriage in 2013, reports have steadily increased, with the AFP recording 90 cases in the financial year ending 30 June 2023.9

 

3. The AFP reported that between July 2018 and June 2023, 56 per cent of forced marriage cases involved minors, with over 40 per cent of these minors being younger than 16 years old and 25 per cent between 16 and 18 years old.10 A study on forced marriage in Australia and New Zealand revealed that common experiences included physical, verbal, sexual and financial abuse, restrictions of movement, and domestic servitude, among others.11 Some participants were engaged as early as 12 years old, and the most common age of engagement and marriage was 17 years old, indicating that minors are particularly vulnerable to forced marriage.12 According to the same study, forced marriage of children often occurs overseas, even when survivors are Australian citizens.13

 

4. The 2022 Global Estimates found that family members, particularly parents, were responsible for 89 per cent of forced marriage cases globally.14 However, it is important to note that forced marriages can also occur in non-domestic contexts, such as situations involving community or religious leaders,15 and can be connected to human trafficking and the private economy.16

 

5. In Australia, it is evident that there are some links between forced marriage risks and the migration system. For example, a report from the Department of Home Affairs indicates that victim-survivors of forced marriage represent a significant cohort among applicants for protection visas in Australia between 2015 and 2022.17 Additionally, of all victim-survivors of who had entered on a partner visa in 2021-2022 (n=13), almost half had experienced ‘exit trafficking,’ with anecdotal evidence highlighting that most had been forced to marry overseas.18 A 2024 study conducted in Western Australia reinforced that migrants to Australia are at greater risk of forced marriage, due to limited awareness of their rights and fears around interacting with public authorities such as law enforcement, leading to fears of being ostracised from their community.19

 

6. Drivers of forced marriage risks in Australia reflect global trends, and include pressure to preserve cultural practices, protect families’ reputations, or the need to address migration or economic pressures.20 Family and cultural factors are also linked to passive consent or compliance, particularly in marriages involving young people under 18,21 as they often face pressure from their communities to uphold cultural practices and to protect familial reputations.22

 


 

C. RESPONSES TO PROPOSAL QUESTIONS IN THE CONSULTATION PAPER

 

Question 2. Should forced marriage be recognised as a form of family and domestic

violence? Why?

 

7. In addition to being criminalised at the federal level, forced marriage should be recognised as a form of family and domestic violence (FDV) within state and territory FDV frameworks, as is the case in Victoria. With 89 per cent of forced marriages globally facilitated by family members, it is essential that FDV frameworks explicitly recognise forced marriages and are equipped to respond. This will increase identification of forced marriage among first responders and provide another vital avenue for victim-survivors, as well as those at risk, to access support services. Notably, the National Plan to End Violence Against Women and Children 2022–2032 already places forced marriage in the framework of gender-based and family violence.23

 

8. While forced marriage should be recognised as a form of modern slavery, it is important to acknowledge that not all victim-survivors identify with this this term. In alignment with the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, forced marriage has been defined as a slavery-like practice under Divisions 270 and 271 of the Criminal Code Act 1995 (Cth).24 Yet frontline practitioners and community members have raised concerns about this framing, as it may preclude victim-survivors of forced marriage from seeking support from family and domestic violence frameworks.25 Some survivors may not identify as having experienced either modern slavery or domestic violence, preferring terms such as honour-based violence which may be perceived as more contextually appropriate.26 Developing additional guidance for first responders, including health practitioners, teachers, law enforcement, and other relevant stakeholders with appropriate terminology to identify and support potential victims will be a critical aspect of incorporating forced marriage within FDV frameworks.

 

9. However, recognition of forced marriage as a form of FDV must be accompanied by a comprehensive review of operations, resourcing and service delivery under current FDV frameworks to ensure inclusion of forced marriage is able to be accompanied by the required support for all victim-survivors. For example, FDV services have largely not been designed to account for specialised needs, such as being in physically accessible locations, providing awareness raising materials through diverse pathways to reduce the risk information might be restricted by the perpetrator, and providing information in formats that are accessible (e.g. Auslan, braille, or Easy Read).27

10. It is also essential to recognise that forced marriages also occur in situations beyond traditional FDV contexts. For example, forced marriages can occur in broader contexts outside of a traditional domestic setting such as in the private economy,28 in cases involving human trafficking and domestic servitude,29 or in other cultural practices.30 It will be critical to ensure civil remedy and protection schemes encompass all situations in which forced marriage may occur including outside of FDV contexts.

 

11. The preeminent focus of prior research on framing forced marriage within FDV contexts and CaLD communities in Australia31 has overshadowed other vital research needs, such as projects to better understand how other vulnerable groups in Australia like LGBTQI+ individuals, people with disabilities, men32 and First Nations people experience forced marriage. Further, more research is needed to examine how forced marriages intersect with other issues such as exit trafficking, migration, and honour-based violence.

 

Question 3. What legal, policy changes or additional guidance is needed to better recognise forced marriage as a form of family and domestic violence?

 

12. Australia has a relatively strong legislative framework to address modern slavery. In the 2023 GSI, Australia had the strongest government response score in the region, and the equal second highest ranking globally behind the United Kingdom.33 However, despite these efforts, significant gaps remain in Australia’s efforts to protect vulnerable people from forced marriage.

 

13. For example, the differing approaches to forced marriage between different states and territories creates gaps in protections and support.34 While Victoria is the only state to explicitly recognise forced marriage as a form of family and domestic violence,35 protections for victim-survivors of forced marriage are accessible where the perpetrator meets the definition of a ‘family member’ under section 8 of the Family Violence Protection Act 2008 (Vic).36 Further, there is also no clear data on whether these protections have been accessed.37 Meanwhile, states like South Australia and New South Wales have included forced marriage as grounds for protection orders,38 aligning with Divisions 270 and 271 of the Criminal Code, which allow victims to access protections without needing to demonstrate that the crime occurred in a domestic setting.39 In Western Australia, forced marriage is defined as a “crime of violence” under the category of “honour-based violence,“40 yet it is unclear whether victim-survivors of forced marriage can access civil protection orders available for victims of family or personal violence under the Restraining Orders Act 1971 (WA).41

 

14. As a result of these inconsistencies between states and territories, victims may face barriers to being formally recognised and accessing protection services if they move to other states within Australia, particularly if their experience of forced marriage was linked to honour-based violence or if the decision to marry was made by someone outside of the immediate family, such as faith or community leaders.42 The disconnect between public policy at the state level and the lived experience of survivors must be explicitly addressed in FDV frameworks to ensure consistent recognition and unified protections for victim-survivors of forced marriage across the country. To support these efforts, the Australian Government should also provide comprehensive training and guidance materials to judges and other relevant FDV responders.

 

15. Children are another vulnerable group to forced marriage that are inadequately protected by the current legal framework, as the definition of forced marriage in section 1(b) of Division 270.7A of the Criminal Code 1995 (Cth)43 and the exception to the minimum age of marriage in section 12 of the Marriage Act 1961 (Cth)44 allow child marriages to occur. Notably, Division 270.7A excludes the marriages of children aged 16 and 17 from the definition of forced marriage,45 whilst section 12 of the Marriage Act permits minors aged 16 or 17 to marry with judicial approval,46 in contradiction with international recommendations which call for the minimum marriage age to be set at 18 years of age without exception, as children cannot provide full, free, and informed consent.47 Relevantly, this inability to give adequate consent is why international bodies regard child marriage as a form of forced marriage. 48

 

16. Previous Australian case law illustrates why judicial consent alone is an insufficient measure to protect children from forced marriage; one case in 2018 was brought by an applicant who had been married at 17 years of age and was seeking an annulment as she stated she was unable to consent due to being forcibly intoxicated and coerced by the respondent through threats into the marriage.49 The application was dismissed by the presiding Justice without acknowledgment of the impact of coercion and intoxication on the capacity of a minor to consent, instead noting at [13] and [27]:

[13] Section 13 of the Marriage Act provides that where a party to an intended marriage is a minor the marriage shall not be solemnised unless there is produced to the person by whom or in whose presence the marriage is solemnised an effective consent in writing of a magistrate or a judge under this part in place of the consent of that person. There is no issue that that requirement was not fulfilled. Had there been an issue, I would have expected evidence to that effect. …

[27] I am not satisfied that the applicant’s mental faculties were compromised by medication or drugs on 28 August 2017 when she went before the Magistrate and obtained the consent to marry or, more importantly, on the day of her marriage. The evidence upon which the applicant relies does not convince me that she did not understand the nature and effect of the marriage ceremony in which she participated. 50

17. The framing of consent within the Marriage Act is a core issue51 that fosters the misconception that consent is merely the absence of dissent. While the framework surrounding sexual consent in Australia emphasises that consent must be free and active, specific and informed, affirmative and communicated, ongoing and mutual, and reflective of capacity,52 this same level of clarity is not extended to the Marriage Act, especially in cases involving minors. This can enhance confusion around the consent of vulnerable young people, who may passively comply to a marriage53 due to family and cultural pressures. 54

 

18. While judges should not be empowered to allow the marriages of children under the age of 18 years*,* it is undoubtedly difficult to ascertain whether consent is full and free in situations where the distinction between family expectations, pressure, and coercion may be blurred. The need to reform how consent is determined in the Marriage Act remains; some factors that may be considered in these determinations include, but are not limited to, to the age at which the parties were first engaged and the impact of cultural norms. 55

 

Question 5. What topics could education or awareness raising activities focus on?

 

19. Lack of practical awareness of forced marriage laws, support services, and other nuances is a pressing issue in Australia.56 Research funded by Walk Free and conducted by the University of Western Australia in partnership with Sexual Health Quarters in 2024 found that there were gaps in information and knowledge of women’s rights and human rights among female participants, including survivors and frontline responders. For example, most women were unaware of their right to refuse sex in marriage; whereas others were aware of their rights but hesitant to enforce them due to perceived cultural barriers and community expectations, highlighting the critical need for education and attituded change among influential community members, elders, and faith leaders who enforce customs and traditions.57 Several intersectional topics were raised by the participants as needing to be included in secondary school curriculums and broader community education workshops, including women’s rights, the legal framework underpinning those rights in Australia, healthy relationships, and the importance of active consent.58 However, participants noted that it is necessary to ensure awareness raising activities are culturally informed.59

 

20. Additionally, there is a need for training stakeholders on indicators of forced marriages and trauma-informed screening techniques, as well as in psychological coercion60 and the impact of trauma and disability on testimonies and witness behaviour.61 The importance of increased awareness on how victim-survivors can access protection and support services has been also highlighted, particularly when the victim has a temporary visa or does not want to be in contact with the AFP.62

 

21. Sensitivity in language is also important, as many victim-survivors may not identify with terms like “modern slavery” or “domestic violence,” but may recognise their experiences as acts of honour-based violence.63 Flexibility should be preferred, and language should wherever possible align with what the victim-survivor is most comfortable using.

 

Question 6. Who should be involved in education and raising awareness in communities affected by forced marriage?

 

22. It is imperative that individuals with lived experience in forced marriage are consulted in developing education and raising awareness activities in order to increase understanding of barriers faced by victim-survivors and how to address them. Interventions must also be contextualised for the beneficiary community to address cultural and language barriers and effectively increase awareness.64

 

23. Additionally, involving communities with lived experience can provide further insights on how to address barriers to help-seeking, such as fear of retaliation from extended family, community, or religious leaders, and the lack of economic opportunities.65 This will not only enhance the impact of awareness raising campaigns, but may help to reduce confusion and related inconsistencies between ** ** legal understanding of forced marriage, practical delivery of support services, and lived experiences of victim-survivors, particularly children.66 The UWA project conducted in 2024 represents one promising example where women from affected communities and with lived experience were involved in project design and delivery, engaged in peer education, which resulting in an in-depth understanding of community needs and perceptions.67 These learnings created relevant context-specific recommendations to improve the response to forced marriage in Western Australia, with potential for broader application across Australia. 68

 


 

Question 7. Which groups in the community require education and increased

awareness of forced marriage (e.g. frontline workers such as police, child protection and/or specific cohorts within the community)?

 

24. Training sessions for government officials and services providers are essential to enhance efforts to address forced marriage, as current screening tools and risks assessments used by first responders, such as health and immigration officials, do not include an appropriate set of indicators that reflect lived experience of forced marriage, 69 reducing the efficacy of identification and prevention efforts.70 Furthermore, until section 12 of the Marriage Act is abolished and the judicial consent exemption to the minimum age of marriage removed, judges must receive systematic and comprehensive training on forced and child marriage, which explicitly covers the in/capacity of minors to consent to a marriage.71

 

25. The importance of increasing awareness and educational resources amongst community leaders, faith leaders, and adult men and women has also been highlighted, as these groups are considered potential change agents.72 Service providers and survivors have particularly emphasised the crucial role of faith leaders in raising awareness and changing harmful attitudes and cultural norms related to forced marriage in Australia.73

26. This approach has been adopted internationally. For example, in Kenya, forced marriage guidelines and advocacy tools were iteratively developed by the Interreligious Council of Kenya by multifaith leaders in a project supported by Walk Free. 74 The guidelines focus on how to identify gaps in the national response, and offer strategies and tools for effective advocacy by faith leaders. Community-based education, training, and empowerment were central to this approach,75 which highlighted the importance of co-creating assets with the community they seek to serve, wherever practicable.

 

Question 8. Do you think there are gaps in the existing legal protections available to respond to and prevent forced marriage in Australia? If so, what are those gaps?

 

27. Australia has criminalised all forms of modern slavery, including forced marriage, human trafficking, slavery, and slavery-like practices (including servitude and forced labour) under Divisions 270 and 271 of the Criminal Code.76


 

28. Relevantly, section 1 of Division 270.7A defines a forced marriage as:

1) A marriage is a forced marriage if:

(a) either party to the marriage … entered into the marriage without freely and fully consenting:

(i) because of the use of coercion, threat or deception; or

(ii) because the victim was incapable of understanding the nature and effect of the marriage ceremony; or

(b) when the marriage was entered into, either party to the marriage … was under 16.

 

29. As noted earlier, there is a gap in protections for victims of child marriage aged 16 and 17 years of age inherent to section 1(b), which is reinforced by the judicial consent exemption to the minimum age of marriage laws in section 12 of the Marriage Act 1961 (Cth). To be consistent with international standards, this exception must be removed. Further, this legal amendment must also be supplemented by training for all criminal justice and law enforcement officials on trauma-informed interviewing, the psychological impacts of coercion, and how that might impact consent.77

30. Variations across state-based legislations also prevent minors from accessing adequate protections. For example, in New South Wales, current protection laws prevent potential and actual child victims of forced marriage—both those under the age of 16 and young people aged 16 to 18—from independently applying for protection orders.78 Similarly, in Western Australia, minors must rely on a parent or legal guardian to apply for a restraining order,79 which can create further issues considering parents are often the decision-maker in forced marriages globally.80 This risk extends to individuals under “adult guardianship,” including those with cognitive disabilities or mental health issues.81 In contrast, the United Kingdom allows people at risk of forced marriage to independently seek Forced Marriage Protection Orders (FMPOs) or to access protections with the help of third parties.82

 

31. If victim-survivors of forced marriage in Australia are limited to protection orders under FDV frameworks, other pre-existing civil legal mechanisms may be comparatively under-utilised. For example, the Family Violence Act 1975 which can nullify child marriages or prevent children from traveling overseas for marriage,83 and the Australian Passports Act 2005 (Cth) * * can restrict passports for children at risk of forced marriage.84 Considering that nearly half of the 80 forced marriage reports to the AFP in 2022 involved minors,85 it is imperative that the Government utilise every tool available to combat forced marriages.


 

Question 9. This paper discusses two options to strengthen civil legal protections: Option A (enhance existing legislation, possibly through shared principles) and Option B (introduce standalone Commonwealth legislation). Which of these two implementation options would be most effective and why? What are the key risks? Are there other options that should be considered?

 

32. Option B, introducing standalone Commonwealth legislation, would be the most effective approach for strengthening civil legal protections in forced marriage cases uniformly across Australia. This option is preferred as it ensures national consistency in how forced marriage is understood and addressed, providing clear protections across the country to all vulnerable groups. Further, Option B can overcome the limitations inherent to existing frameworks that may not adequately cover all scenarios. This is in contrast to Option A, which focuses on enhancing existing laws and may lead to piecemeal progress by individual states and territories.

 

33. The key risk of Option B is the need for cooperation and support from state and territory levels, as well as local courts. Implementing standalone Commonwealth legislation would require significant coordination, and there may be challenges with aligning enforcement and resources across jurisdictions.86 However, considering the intersection between forced marriage and migration in Australia, it is preferred that legislation is introduced at the Commonwealth level to avoid any constitutional challenges should the implementation of civil protections be inconsistent with any provision of the Migration Act or other relevant law exclusively within the Commonwealth’s legislative power per section 51 of the Constitution*.* 87

 

Question 19. What other supports should be available to people in or at risk of forced marriage, including children, to support them through the civil protection order application process? For example, additional supports through the application process, or additional courtroom protections.

 

34. Under the Crimes Act, survivors of modern slavery, including forced marriage, can access protections during court proceedings, such as providing evidence via closed-circuit television, video link, or recording, and submitting a victim impact statement.88 These provisions are also available for child witnesses, who may choose to provide evidence in the presence of a supportive adult.89 Victims of forced marriage linked to human trafficking, including children, can access protection visas on a temporary or permanent basis.90 However, significant gaps remain for victims in other contexts. For example, victim-survivors of forced marriage face barriers to accessing protection orders outside the FDV frameworks in most states and territories where relevant laws exist.91 As noted above, protection orders at the federal level should be available for victim-survivors of forced marriage and potential victims that recognises forced marriage as an act of family, personal, and/or honour-based violence that can occur in both domestic and non-domestic contexts.

 

35. Further, protection orders must account for the circumstances leading to forced marriage, such as cultural and intergenerational practices.92 In the United Kingdom, FMPOs consider these factors on the balance of probabilities, which allows evidence of previous forced marriages within the family (such as of older siblings) to be led to indicate if the applicant is, more likely than not, at risk of a forced marriage. 93

 

36. Protection orders should have extraterritorial application, and should consider risk factors such as visa status, employment continuity, and the safety of family members overseas.94 As noted above, anecdotal evidence from the Department of Home Affairs suggests that almost half of all victims who entered on a partner visa had also experienced “exit trafficking”, and many had been forced to marry abroad.95 Further, service providers in Western Australia raised concerns about potential victims being taken overseas for marriage and the lack of protections for those on temporary visas who cannot access a protection visa under the Human Trafficking Visa Framework.96 Lessons can be learned from the United Kingdom’s FMPO system on how to extend protection orders overseas, enable access to embassies and consulates, and secure the return of victim-survivors to Australia.97

 

37. Finally, the lack of a national compensation scheme for survivors of modern slavery, including forced marriage,98 and visa processes that require victim cooperation with law enforcement99 are other gaps in Australia’s approach to protecting victim-survivors of forced marriage.

 


 

D. SUMMARY OF RECOMMENDATIONS

Building a shared understanding of forced marriage as a form of family and domestic violence to improve victim-survivors’ access to family and domestic violence services.

(a) Recognise that forced marriage is a complex crime that can be an act of family, personal, or honour-based violence in both domestic and non-domestic contexts. Ensure this is integrated into relevant civil and legal frameworks addressing family and domestic violence, personal violence, child protection, immigration, border protection, and modern slavery to facilitate a cohesive approach.100

 

(b) Establish the minimum legal age for marriage at 18 years, without exception, by removing the exception in section 12 of the Marriage Act 1961 (Cth) which allows minors aged 16 and 17 to marry with judicial consent.

(c) Enhance consistency in the conceptualisation of consent within the Marriage Act 1961 (Cth) with the national Commonwealth Consent Policy Framework.

 

(d) Harmonise the definition of forced marriage in section 1(b) of Div 270.7A of the Criminal Code Act 1995 (Cth) with international standards as outlined in Article 16(b) of the Convention on the Elimination of All Forms of Discrimination against Women and in Joint General Recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/General Comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices.

 

(e) Prioritise research on whether and how forced marriage impacts under-researched groups in Australia, such as people living with disabilities, mental health illnesses, or people who belong to a marginalised group such as LGBTQIA+ communities and First Nations peoples.

 

Enhance education and awareness raising

(a) Codesign culturally competent educational materials together with communities and people with lived experience to raise awareness on how to identify and report suspected forced marriage, and where affected individuals can seek assistance. Ensure these materials are provided in languages other than English.

(b) Raise awareness among communities – including children, men and women, faith and community leaders – on related topics such as women’s rights, legal protections available in Australia, healthy relationships and the meaning of active consent.

 

(c) Integrate indicators of forced marriage into existing screening tools and risk assessments used by first responders, including immigration officials, labour inspectors, faith leaders, teachers, doctors, nurses, and law enforcement. This should be accompanied by guidance on relevant terminology, cultural competency, and other intersectional sensitivities.

(d) Implement systematic training programs for first responders and community services, such as health professionals, teachers, religious leaders, and judges. These programs should focus on identifying forced marriage risks, interviewing vulnerable witnesses, recognising psychological and emotional indicators, and understanding the key drivers of forced marriage across different settings, including community, health, religious, educational, and private sectors.

 

Strengthening civil protections and remedies

 

(a) Introduce survivor-informed legislation at a Commonwealth level to provide consistent civil protection support to all survivors of forced marriage, such as the FMPOs which are available in the United Kingdom. Relatedly, facilitate cooperation between state and territory service providers through national survivor-informed guidelines and training programs.

 

(b) Strengthen civil protection remedies to prevent and address forced marriage in Australia by assessing the ability of civil law mechanisms enhance the national response, including evaluating the Family Law Act 1975 (Cth), the Marriage Act 1961 (Cth), and the Australian Passports Act 2005 (Cth). As noted above, this should be accompanied by comprehensive guidance and training for law enforcement and the judiciary on the application of protection orders, including in instances where perpetrators are community members or other leaders, not immediate family members.

 

(c) Establish a national victim compensation scheme for all survivors of modern slavery, including forced marriage.

 

 

 

 


99-103. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS-2022\_Report\_EN\_V8.pdf. [8 August 2024].

99-103. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS-2022\_Report\_EN\_V8.pdf. [8 August 2024], McMillan, J 2023, Report of the statutory review of the Modern Slavery Act 2018 (Cth) The first three years Attorney-General’s Department. Australian Governement pp. 45-46. Available from: https://www.ag.gov.au/sites/default/files/2023-05/Report%20-%20Statutory%20Review%20of%20the%20Modern%20Slavery%20Act%202018.PDF. [8 August 2024].

99-103. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS-2022\_Report\_EN\_V8.pdf. [8 August 2024].

99-103. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS-2022\_Report\_EN\_V8.pdf. [8 August 2024].

 

Footnotes

  1. International Labour Organisation, WF, International Organisation for Migration, 2022, Global Estimates of Modern Slavery, p. 17. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS-2022\_Report\_EN\_V8.pdf. [4 June 2023]. ↩

  2. Walk Free 2023, Global Slavery Index. Available from: https://www.walkfree.org/global-slavery-index/. [23 August 2023]. ↩

  3. Walk Free 2020, Stacked Odds. Available from: https://cdn.walkfree.org/content/uploads/2020/10/19130043/WF-Stacked-Odds-20210517.pdf. [30 September 2020]. ↩

  4. Attorney-General’s Department 2024, Enhancing Civil Protections and Remedies for Forced Marriage. Consultation Paper, Commonwealth of Australia, pp. 4-12. Available from: https://consultations.ag.gov.au/integrity/forced-marriage/user\_uploads/forced-marriage\_public-consultation-paper-2024.pdf. [8 August 2024]. ↩

  5. Walk Free 2023, Global Slavery Index. Available from: https://www.walkfree.org/global-slavery-index/. [23 August 2023]. ↩

  6. As above ↩

  7. Australian Federal Police 2023,‘Human trafficking reports continue to increase in Australia’, 08 December. Available From: https://www.afp.gov.au/news-centre/media-release/human-trafficking-reports-continue-increase-australia. [22 June 2024]. ↩

  8. Jacqueline Nelson, JB 2024, ‘Forced Marriage in Australia: Building a social response with frontline workers”, Social & Legal Studies, vol. 0, no. 0, ** ** p. 2. Available from: https://doi.org/10.1177/09646639241242125. [22 June 2024]. ↩

  9. Australian Federal Police 2023,‘Human trafficking reports continue to increase in Australia’, 08 December. Available From: https://www.afp.gov.au/news-centre/media-release/human-trafficking-reports-continue-increase-australia. [22 June 2024]. ↩

  10. Attorney-General’s Department 2024, Enhancing Civil Protections and Remedies for Forced Marriage. Consultation Paper, Commonwealth of Australia, pp. 4-12. Available from: https://consultations.ag.gov.au/integrity/forced-marriage/user\_uploads/forced-marriage\_public-consultation-paper-2024.pdf. [8 August 2024]. ↩

  11. Lyneham, S & Bricknell, S 2018, When saying no is not an option: Forced marriage in Australia and New Zealand, Australian Institute of Criminology, pp. ix,26. Available from: aic.gov.au/sites/default/files/2020-05/rr11.pdf. [03 June 2022]. ↩

  12. As above ↩

  13. As above ↩

  14. International Labour Organisation, WF, International Organisation for Migration, 2022, Global Estimates of Modern Slavery, Walk Free, pp. 70-73, ↩

  15. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  16. International Labour Organisation, WF, International Organisation for Migration, 2022, Global Estimates of Modern Slavery, Walk Free, pp. 70-73, ↩

  17. Department of Home Affairs 2023, Targeted review of Australia’s visa framework to identify and reduce vulnerabilities to human trafficking and modern slavery, pp. 41-55. Available from: https://www.homeaffairs.gov.au/reports-and-pubs/files/targeted-review-napai20.pdf. [8 August 2024]. ↩

  18. As above, p. 54. ↩

  19. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  20. Lyneham, SB 2018, When saying no is not an option: Forced marriage in Australia and New Zealand, Australian Institute of Criminology, pp. 20-32. Available from: aic.gov.au/sites/default/files/2020-05/rr11.pdf. [08 August 2024], Australian Red Cross 2019, Forced Marriage: Community Voices, Stories and Strategies, p. 30. Available from: https://www.redcross.org.au/globalassets/cms-assets/documents/migration-services/forced-marriage-community-voices-stories-and-strategies-australian-red-cross.pdf. [18 September 2019]. ↩

  21. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024], McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  22. Lyneham, SB 2018, When saying no is not an option: Forced marriage in Australia and New Zealand, Australian Institute of Criminology, pp. 20-32. Available from: aic.gov.au/sites/default/files/2020-05/rr11.pdf. [08 August 2024], Australian Red Cross 2019, Forced Marriage: Community Voices, Stories and Strategies, p. 30. Available from: https://www.redcross.org.au/globalassets/cms-assets/documents/migration-services/forced-marriage-community-voices-stories-and-strategies-australian-red-cross.pdf. [18 September 2019]. ↩

  23. Department of Social Services 2022, National Plan to End Violence against Women and Children 2022-2032, Commonwealth of Australia. Available from: https://www.dss.gov.au/ending-violence. [8 August 2024]. ↩

  24. McMillan, J 2023, Report of the statutory review of the Modern Slavery Act 2018 (Cth) The first three years Attorney-General’s Department. Australian Governement pp. 45-46. Available from: https://www.ag.gov.au/sites/default/files/2023-05/Report%20-%20Statutory%20Review%20of%20the%20Modern%20Slavery%20Act%202018.PDF. [8 August 2024]. ↩

  25. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  26. As above, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  27. People with Disability Australia 2021, Women with Disability and Domestic and Family Violence: A Guide for Policy and Practice, People with Disability Australia and Domestic Violence NSW, p. 4. Available from: https://pwd.org.au/wp-content/uploads/2021/07/Women-with-Disability-and-Domestic-and-Family-Violence-A-Guide-for-Policy-and-Practice.pdf. [25 September 2024]; Dyson S, Frawley P, & Robinson S 2017, Whatever it takes”: Access for women with disabilities to domestic and domestic violence services: Final report, ANROWS Horizons, pp. 9-13. Available from: https://www.anrows.org.au/publication/whatever-it-takes-access-for-women-with-disabilities-to-domestic-and-family-violence-services-final-report/. [25 September 2024]; Healey, L. 2013, Voices Against Violence Paper Two: Current Issues in Understanding and Responding to Violence against Women with Disabilities,’ Women with Disabilities Victoria, Office of the Public Advocate and Domestic Violence Resource Centre Victoria. Available from: https://www.wdv.org.au/wp-content/uploads/2018/10/Voices-Against-Violence-Paper-Two-Current-Issues-in-Understanding-and-Responding-to-Violence-Against-Women-with-Disabilitites-PDF-1.1MB-2.pdf. [25 September 2024]. ↩

  28. Department of Home Affairs 2023, Targeted review of Australia’s visa framework to identify and reduce vulnerabilities to human trafficking and modern slavery, pp. 41-55. Available from: https://www.homeaffairs.gov.au/reports-and-pubs/files/targeted-review-napai20.pdf. [8 August 2024]. ↩

  29. As above ↩

  30. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  31. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, pp. 10-18. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  32. Federation of Ethnic Communities’ Councils of Australia 2019, Forced marriage in Australia: a literature review pp. 13-16. Available from: https://fecca.org.au/wp-content/uploads/2020/01/FECCA-Literature-Review-on-Forced-Marriages.pdf. [8 August 2024]. ↩

  33. Walk Free 2023, Global Slavery Index. Available from: https://www.walkfree.org/global-slavery-index/. [23 August 2023]. ↩

  34. Attorney-General’s Department 2024, Enhancing Civil Protections and Remedies for Forced Marriage. Consultation Paper, Commonwealth of Australia, pp. 4-12. Available from: https://consultations.ag.gov.au/integrity/forced-marriage/user\_uploads/forced-marriage\_public-consultation-paper-2024.pdf. [8 August 2024]. ↩

  35. 2023, Family Violence Protection Act 2008 No. 52 of 2008 Authorised Version incorporating amendments as at 3 May 2023, Tan, SJ & Vidal, L 2023, Forced Marriage as a Form of Family Violence in Victoria, Monash Gender and Family Violence Prevention Centre. Monash University, pp. 6,35. Available from: https://apo.org.au/sites/default/files/resource-files/2023-04/apo-nid322214.pdf. [8 August 2024]. ↩

  36. 2023, Family Violence Protection Act 2008 No. 52 of 2008 Authorised Version incorporating amendments as at 3 May 2023, Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024], Tan, SJ & Vidal, L 2023, Forced Marriage as a Form of Family Violence in Victoria, Monash Gender and Family Violence Prevention Centre. Monash University, pp. 6,35. Available from: https://apo.org.au/sites/default/files/resource-files/2023-04/apo-nid322214.pdf. ↩

  37. Tan, SJ & Vidal, L 2023, Forced Marriage as a Form of Family Violence in Victoria, Monash Gender and Family Violence Prevention Centre. Monash University, pp. 6,35. Available from: https://apo.org.au/sites/default/files/resource-files/2023-04/apo-nid322214.pdf. [8 August 2024]. ↩

  38. Intervention Orders (Prevention of Abuse) ACT 2009 - SECT 8 (4)oa, Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, pp. 10-18. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  39. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]; Criminal Code Act 1995 (Cth), Div 270.7A. ↩

  40. Western Australia Police Force 2024, Help for Victims of Crime. Available from: https://www.police.wa.gov.au/Crime/Victims-of-crime/Help-for-victims-of-crime. [6 August 2024]. ↩

  41. See definitions of personal and family violence at sections 6 and 5A respectively at Restraining Orders Act 1967 (WA). ↩

  42. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  43. Criminal Code Act 1995 ( Divisions 270-271 ↩

  44. Marriage Act 1961 (Cth) ↩

  45. Criminal Code Act 1995 (Cth), Div 270.7a, Section 1(b) ↩

  46. Attorney-General’s Department n.d., Rules to get married in Australia, Australian Government. Available from: https://www.ag.gov.au/families-and-marriage/marriage/get-married#rules-to-get-married-in-australia. [22 April 2022]. ↩

  47. International Labour Organisation, WF, International Organisation for Migration, 2022, Global Estimates of Modern Slavery, Walk Free, pp. 70-73, ↩

  48. As above ↩

  49. Chirag & Kanelka [2018] FamCA 476. ↩

  50. As above, [13, 26-27]. ↩

  51. Marriage Act, 1961 (12) (Cth) 12 ↩

  52. Australian Institute of Family Studies 2021, Age of consent laws in Australia, pp. 2-4. Available from: https://aifs.gov.au/sites/default/files/publication-documents/2104\_age\_of\_consent\_resource\_sheet\_0.pdf. [5 September 2024]; Department of Social Services 2024, The Commonwealth Consent Policy Framework, Australian Govenrment, pp. 9-11 Avilable from: https://www.dss.gov.au/sexual-consent/the-commonwealth-consent-policy-framework. [25 September 2024]. ↩

  53. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024], McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  54. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024]. ↩

  55. Lyneham, S & Bricknell, S 2018, When saying no is not an option: Forced marriage in Australia and New Zealand, Australian Institute of Criminology, pp. ix,26. Available from: aic.gov.au/sites/default/files/2020-05/rr11.pdf. [03 June 2022]. ↩

  56. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  57. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  58. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  59. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  60. Office to Monitor and Combat Trafficking in Persons 2024, Trafficking in Persons Report. Australia Country Narrative, U.S. State Department. Available from: https://www.state.gov/reports/2024-trafficking-in-persons-report/australia/. [8 August 2024], Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024. ↩

  61. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024], Sundari Anitha & Gill, AK 2023, Understanding Protection and Prevention Reponses to Forced Marriage in England and Wales, University of Lincoln, University of Bristiol, pp. 99-108. Available from: https://bpb-eu-w2.wpmucdn.com/blogs.lincoln.ac.uk/dist/6/8539/files/2023/05/Anitha-and-Gill©\_FMPO\_Full-Report\_18May2023.pdf. [8 August 2024]. ↩

  62. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  63. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024. ↩

  64. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  65. As above ↩

  66. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, pp. 10-18. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  67. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  68. As above. ↩

  69. As above; Department of Home Affairs 2023, Targeted review of Australia’s visa framework to identify and reduce vulnerabilities to human trafficking and modern slavery, pp. 41-55. Available from: https://www.homeaffairs.gov.au/reports-and-pubs/files/targeted-review-napai20.pdf. [8 August 2024]. ↩

  70. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024], Sundari Anitha & Gill, AK 2023, Understanding Protection and Prevention Reponses to Forced Marriage in England and Wales, University of Lincoln, University of Bristiol, pp. 99-108. Available from: https://bpb-eu-w2.wpmucdn.com/blogs.lincoln.ac.uk/dist/6/8539/files/2023/05/Anitha-and-Gill©\_FMPO\_Full-Report\_18May2023.pdf. [8 August 2024]. ↩

  71. See for example: Chirag & Kanelka [2018] FamCA 476. ↩

  72. McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  73. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024, McGauhey, F, Tsitsi Gotora, Skead, N & McCutcheon, J 2024, Tackling Forced Marriage in Western Australia: A pilot project, University of Western Australia (UWA), pp. 9-16. Available from: https://api.research-repository.uwa.edu.au/ws/portalfiles/portal/340159907/FINAL\_REPORT.pdf. [8 August 2024]. ↩

  74. Walk Free 2023, Identifying and Responding to Modern Slavery. A Toolkit for Faith Leaders. Available from: https://cdn.walkfree.org/content/uploads/2023/11/06112710/wf-gfn-faith-leader-toolkit.pdf. [3 September 2024]. ↩

  75. As above. ↩

  76. Criminal Code Act, 1995 (Australia Cwlth) 270.7A ↩

  77. Office to Monitor and Combat Trafficking in Persons 2024, Trafficking in Persons Report. Australia Country Narrative, U.S. State Department. Available from: https://www.state.gov/reports/2024-trafficking-in-persons-report/australia/. [8 August 2024]. For instances evidencing the continued need for education on the impact of coercion and trauma informed interviewing, see: Office of the Commissioner for Victims of Crime 2023, Legislative responses to coercive control in Western Australia. Consultation Outcomes Report Department of Justice Western Australia, pp. 31-38. Available from: https://www.wa.gov.au/system/files/2023-11/coercive-control-consultation-outcomes-report.pdf [26 August 2024]. ↩

  78. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  79. Governement of Western Australia 2024, Restraining orders. Available from: https://www.wa.gov.au/organisation/department-of-justice/commissioner-victims-of-crime/restraining-orders#:~:text=An%20application%20for%20restraining%20orders,to%20make%20an%20order%20online. [20 September 2024]. ↩

  80. International Labour Organisation, WF, International Organisation for Migration, 2022, Global Estimates of Modern Slavery, Walk Free, pp. 70-73, ↩

  81. Governement of Western Australia 2024, Restraining orders. Available from: https://www.wa.gov.au/organisation/department-of-justice/commissioner-victims-of-crime/restraining-orders#:~:text=An%20application%20for%20restraining%20orders,to%20make%20an%20order%20online. [20 September 2024]. ↩

  82. Noack-Lundberg, K, Gilla, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:https://doi.org/10.1080/09649069.2021.1996083. [19 October 2022]. ↩

  83. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 18-19. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  84. As above ↩

  85. Hildebrandt, C 2022,‘Federal police fear hike in child forced marriage cases as overseas travel restrictions lift’, ABC News, 4 September. Available From: https://www.abc.net.au/news/2022-09-04/nsw-forced-marriage-police-fear-spike-as-travel-resumes-/101317834. [21 March 2023]. ↩

  86. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024. ↩

  87. See for example, Commonwealth of Australia Constitution Act 1901 (Cth), sections 51(xxvii) and 109. ↩

  88. Crimes Act, 1914 (Australia Cwlth) ↩

  89. Crimes Act, 1914 (Australia Cwlth) ↩

  90. Department of Home Affairs 2023, Targeted review of Australia’s visa framework to identify and reduce vulnerabilities to human trafficking and modern slavery, pp. 20-21. Available from: https://www.homeaffairs.gov.au/reports-and-pubs/files/targeted-review-napai20.pdf. [8 August 2024]. ↩

  91. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, pp. 10-18. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  92. As above ↩

  93. Noack-Lundberg, K, Gill, AK & Anitha, S 2021, ‘Understanding forced marriage protection orders in the UK’, Journal of Social Welfare and Family Law, vol. 43, no. 4, ** ** pp. 371-392. DOI:10.1080/09649069.2021.1996083. [8 August 2024]. ↩

  94. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024. ↩

  95. Department of Home Affairs 2023, Targeted review of Australia’s visa framework to identify and reduce vulnerabilities to human trafficking and modern slavery, pp. 41-55. Available from: https://www.homeaffairs.gov.au/reports-and-pubs/files/targeted-review-napai20.pdf. [8 August 2024]. ↩

  96. Attorney-General’s Department 2024, Consultation meeting. Enhancing forced marriage civil protections and remedies - Western Australia, 3 September 2024. ↩

  97. Vidal, L & Dominguez, R 2023, SUBMISSION Review of the NSW legal protections for victim-survivors of forced marriage, Western Sydney University and University of Camberra, pp. 34-46. Available from: https://www.westernsydney.edu.au/content/dam/digital/pdf/Vidal-Dominguez-NSW-FM-Law-Review-Submission-Final-20231201.pdf. [8 August 2024]. ↩

  98. Office to Monitor and Combat Trafficking in Persons 2019, Trafficking in Persons Report: Australia Country Narrative, United States Department of State. Available from: https://www.state.gov/wp-content/uploads/2019/06/2019-Trafficking-in-Persons-Report.pdf. ↩

  99. As above ↩

  100. Family Law Act 1975 (Cth); Marriage Act 1961; Safe and Supported: Child Protection Framework; National Plan to End Violence Against Women and Children 2022-2032; Modern Slavery Act 2018 ; National Plan to End Modern Slavery 2020-2025; Immigration Policy and Passports Act; Human Trafficking Visa Framework; Crimes Act 1914; Criminal Code Act 1995 (Cth); Evidence Act 1995; Victims of Crime Act 1983; Victims of Crime (Financial Assistance) Act 1983 ↩

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