News Articles

DFAT rules officials` employees must have Australian bank accounts

Source: Canberra Times, 08/07/2018


Why it matters
• The Salvation Army says it`s helping up to four domestic workers -
employees of foreign officials living in Australia - escape
exploitation each year.
• It can be difficult for the Australian government to assist such
workers because of international laws around diplomatic immunity.
• The Department of Foreign Affairs has tried to assist by making it a
requirement that domestic workers are paid into an Australian bank
account.
The Department of Foreign Affairs has told diplomats living in
Australia their domestic workers must be paid into an Australian bank
account following revelations of slavery-like practices in diplomatic
residences.
The fact sheet, recently issued to diplomats and consular corps living
in Australia, further stipulated that foreign officials could not
cancel an employees` visa, nor could they stop them leaving their
place of work outside working hours.

The former Pakistan High Commissioner to Australia, Naela Chohan, was
accused of keeping a domestic worker in her basement.
Photo: Melissa Singer
In bold, they were told: `It is a Department of Foreign Affairs and
Trade requirement that the employee’s salary be paid through bank
transfer into an Australian bank account`.
The tightened rules follow revelations on ABC`s Four Corners in
February that more than 20 domestic workers had sought help from the
Salvation Army`s anti-human trafficking arm The Freedom Partnership in
about a decade.
National policy and advocacy coordinator Heather Moore this week told
the Sunday Canberra Times the figure had steadily increased over time
to up to four domestic workers requesting assistance each year. The
figure included men and women from Africa, Asia and South America
stationed in residences throughout Australia, she said.
`[DFAT is] making some changes but we don’t think they’re going far
enough and we don’t think they’re going fast enough,` Ms Moore said.
Ms Moore said she understood another new requirement was that only
heads of mission could hire workers under the 403 visa program.
She pointed out one case, outlined by Four Corners, alleging a former
employee of Pakistani High Commissioner Naela Chohan was verbally
abused, worked up to 19 hours a day and slept in a storage space in
the basement of Ms Chohan`s home. Shahid Mahmood`s $100-weekly pay was
wired to his family in Pakistan.
Ms Chohan denied the claims and has since left the posting.
Ms Moore said: `We’re concerned that simply limiting it to the head of
mission will not necessarily stem the tide of abuse. Neither does that
address the sense of isolation that domestic workers experience.`
Responding to allegations of exploitation is difficult for Australian
authorities, who battle claims of diplomatic immunity.
The Freedom Partnership has continually urged DFAT to connect domestic
workers with a `knowledgeable` non-government organisation to ensure
diverse pathways out of exploitation.
Currently, DFAT holds annual interviews with domestic workers, which
advocates said could take place over the phone.
It is understood the federal government has implemented processes to
verify whether the new bank account requirements were being met but
DFAT would not comment on rates of compliance.
`The department has long advocated in favour of private domestic
workers having their own personal Australian bank accounts,` a DFAT
spokesperson said.
`In early 2018 DFAT made this a requirement for overseas missions in
Australia in order to ensure private domestic workers were being paid
in accordance with Australian employment standards.`


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