By Jade McEwan, Rachel Carson, Rae Kaspiew, John De Maio, Briony Horsfall

The abuse of older people has devastating physical, emotional and social consequences for older Australians, their families and communities. At least one in six older Australians experience abuse, and that when abuse occurs, only around one third of victims seek help.

The key policy framework for tackling this abuse, the National plan to respond to the abuse of older Australians 2019-2023, was recommended in the Australian Law Reform Commission’s 2017 Elder abuse – a national legal response final report.

This independent evaluation finds that the National Plan is achieving its aims of uniting governments, agencies and organisations in tackling the abuse of older people.

The evaluation highlights a range of important achievements under the National Plan, including the delivery of Australia’s first National Elder Abuse prevalence Study, funding of innovative service responses, and a range of awareness raising initiatives.

Australian Institute of Family Studies (AIFS) , 2024. 209p.

 By Europol’s European Migrant Smuggling Centre (EMSC)

  Migrant smuggling and trafficking in human beings (THB) pose a serious threat to the EU’s security, as well as to the irregular migrants and THB victims involved. Both crime areas are embedded in the broader serious and organised crime environment, with criminals taking advantage of existing infrastructures and engaging in multiple illegal activities. The criminals involved in these crime areas constantly adapt their methods to maximise profits and evade law enforcement. Geopolitical events, economic and social crises, as well as the digital environment, have provided new opportunities for criminals to exploit. Against the backdrop of irregular migration at EU’s external borders reaching in 2023 the highest levels since 2016, Europol’s European Migrant Smuggling Centre (EMSC) is at the forefront of the EU’s fight against migrant smuggling, supporting EU Member States in disrupting the criminal networks that orchestrate this form of organised crime. The EMSC also continues to stand together with law enforcement in EU Member States to combat the criminal exploitation of vulnerable people for the purpose of economic gain. The EMSC’s mandate is first and foremost to provide operational support to cross-border investigations in the Member States, but also to deliver expertise and resources, as well as a platform for the swift and safe exchange of information. The successful operations supported by the EMSC reflect the pivotal role played by law enforcement authorities in the Member States in sharing information and initiating cross-border investigations, as well as the importance of joining efforts at EU level and beyond, to disrupt criminal networks active in migrant smuggling and THB.  

Luxembourg: Publications Office of the European Union;, 2024. 15p.

Abuse, protection, and justice along routes between East and West Africa and Africa’s Mediterranean coast

By Duncan Breen

At the end of May, 30 people were murdered in the town of Mizdah, south of Tripoli, allegedly by traffickers. These were among the latest in a long series of deaths along the route from West Africa or the East and Horn of Africa to Libya. At least 68 refugees or migrants are known to have died along the route this year alone. As refugees and migrants travel along the Central Mediterranean route to Libya, many continue to be subjected to horrific violence at multiple points along the way, as the testimonies in this report show, even before any attempt to cross the sea to Europe. It remains one of the deadliest land crossings in the world. This report draws on data collected by the Mixed Migration Centre’s 4Mi monitors along the route to map the places where refugees interviewed in 2018 and 2019 most frequently reported deaths, sexual and gender-based violence (SGBV), physical violence, and kidnappings occurred.

At the end of 2017, UNHCR shared recommendations related to trafficking with several key States and agencies to encourage further actions to protect refugees and migrants from abuses along the Central Mediterranean route. In follow up to those recommendations, UNHCR, together with the Mixed Migration Centre (MMC), seeks to draw further attention to the human rights abuses that take place along multiple sections of the Central Mediterranean land route. In doing so, and through the recommendations included in this report, UNHCR and MMC call for measures to hold perpetrators of crimes and human rights violations along the route accountable; for more measures to assist and protect victims; and for greater cooperation between States to increase protection and access to solutions, and enhance access to justice.

Geneva: Mixed Migration Centre, 2020. 48p.

Abuse, Protection and Justice along Routes between East and West Africa and Africa’s Mediterranean Coast. A route-based perspective on key risks

By  Michele Cavinato

In the complex landscape of migration, this second volume of the report ‘On This Journey, No One Cares if You Live or Die’ emerges as a crucial body of work that sheds light on the stark realities faced by refugees and migrants traversing the perilous Central Mediterranean Route (CMR) all the way from East and Horn of Africa and West Africa to the North African coast of the Mediterranean and  across the sea. Jointly published by IOM, MMC, and UNHCR, this report delves into the protection risks faced by refugees and migrants during these journeys. It aims to inform increased and concrete routes-based protection responses to reduce the suffering associated with the desperate journeys refugees and migrants undertake, and a call to action to address the root causes of displacement and drivers of irregular migration through positive action on peace, climate change, governance, inequality and social cohesion, as well as the creation of safe migration  pathways.

Geneva: Mixed Migration.Centre, .2024. 71p. _____________________________ This is a joint IOM, MMC and UNHCR publicatio

By  Kingsley L Madueke, et al

  This report explores the dynamics of armed banditry in North West Nigeria, aiming to unravel their evolution, structure and the illicit economies that bandit groups engage in for financing and resourcing, as well as their interactions with local communities and other non-state armed groups. Focusing on Nigeria’s North West region, this report explores the internal dynamics of armed bandit groups,1 as well as the ecosystem and landscapes within which they operate, identifying potential entry points for interventions. As concerns grow regarding potential alliances between some bandit groups and violent extremist organizations – namely Islamic State West Africa Province (ISWAP), Ansaru and Jama’atu AhlusSunnah Lidda’Awati Wal Jihad (JAS) – operating in North West, this report explores not only to what extent these alliances exist but what shapes their formation. Nigeria’s North West region, encompassing Katsina, Kaduna, Kano, Sokoto, Jigawa and Zamfara states, has since 2011 witnessed a surge in armed bandit activities.2 Reported civilian fatalities resulting from violence by armed bandits in North West between 2018 and 2023 surpassed those inflicted by JAS and ISWAP in Nigeria’s North East region within the same period.3 Responses have largely consisted of military operations and local vigilante efforts. However, military operations’ impact has been temporary and banditry persists. This necessitates a better understanding of why banditry is resilient: bandit group structure and engagement with illicit economies are key elements of this resilience. The existing body of media and expert analyses pertaining to armed bandits in North West Nigeria has predominantly concentrated on the violence they inflict and its repercussions, with less focus on their structure, resourcing and financing mechanisms, and the physical and social environment within which they operate. This report aims to fill this gap, focusing on Zamfara and Kaduna – two major flashpoints of armed banditry in Nigeria’s North West. This report engages with the ongoing debate around categorizing non-state armed groups and explores whether the bandits can be said to exercise any governance functions or operate as political, as well as criminal, actors. This report explores the dynamics of armed banditry in North West Nigeria, aiming to unravel their evolution, structure and the illicit economies that bandit groups engage in for financing and resourcing, as well as their interactions with local communities and other non-state armed groups. Focusing on Nigeria’s North West region, this report explores the internal dynamics of armed bandit groups,1 as well as the ecosystem and landscapes within which they operate, identifying potential entry points for interventions. As concerns grow regarding potential alliances between some bandit groups and violent extremist organizations – namely Islamic State West Africa Province (ISWAP), Ansaru and Jama’atu AhlusSunnah Lidda’Awati Wal Jihad (JAS) – operating in North West, this report explores not only to what extent these alliances exist but what shapes their formation. Nigeria’s North West region, encompassing Katsina, Kaduna, Kano, Sokoto, Jigawa and Zamfara states, has since 2011 witnessed a surge in armed bandit activities.2 Reported civilian fatalities resulting from violence by armed bandits in North West between 2018 and 2023 surpassed those inflicted by JAS and ISWAP in Nigeria’s North East region within the same period.3 Responses have largely consisted of military operations and local vigilante efforts. However, military operations’ impact has been temporary and banditry persists. This necessitates a better understanding of why banditry is resilient: bandit group structure and engagement with illicit economies are key elements of this resilience. The existing body of media and expert analyses pertaining to armed bandits in North West Nigeria has predominantly concentrated on the violence they inflict and its repercussions, with less focus on their structure, resourcing and financing mechanisms, and the physical and social environment within which they operate. This report aims to fill this gap, focusing on Zamfara and Kaduna – two major flashpoints of armed banditry in Nigeria’s North West. This report engages with the ongoing debate around categorizing non-state armed groups and explores whether the bandits can be said to exercise any governance functions or operate as political, as well as criminal, actors. ■ Depending on the type of illicit economy and the level of influence they exert over it, armed bandits vary their engagements with illicit economies, shifting between attacks and robberies targeting actors in licit and illicit supply chains; imposition of levies; and assumption of control of part (or more rarely the entirety) of the supply chain. This variability in engagements with illicit economies renders a unidimensional response strategy inadequate. ■ A bandit group’s degree of influence over an area and the type of economy bandits are using for resource extraction contribute to shaping the level of violence against communities. Violence by bandits is higher when their influence is lower, and kidnapping and cattle rustling are characterized by greater violence than engagement in other revenue-generating activities. ■ Armed bandits exhibit some behaviours that fall within definitions of ‘governance’, though profit and predation appear to be the primary motivations for their actions. The concept of governance is important for understanding bandits in the political/criminal spectrum    

Geneva: Global Initiative Against Transnational Organized Crime, 2024. 53p.

By Héni Nsaibia, et al.

  This report analyzes the operations and organizational structure of the al-Qaeda-affiliated Jama’at Nusrat al-Islam wal-Muslimin (JNIM) in the Sahel region of Africa, focusing on the group’s engagement with illicit economies and tactical use of economic warfare. Specifically, the report emphasizes the central role of illicit economies in JNIM’s governance strategies, and in financing and resourcing the group’s armed struggle. It also tracks how JNIM has evolved organizationally, with these internal changes dictating shifts in its involvement in regional illicit economies. These political and organizational changes, and the group’s highly strategic engagement with illicit economies, have underpinned JNIM’s expansion into new geographies, its retention of influence in areas of control, and its resilience to disruption. Further, the report provides further insights into JNIM’s strategies for expansion and population control, and argues that understanding the role of JNIM within illicit economies is crucial to gaining insights into the group’s governance, financing, and resourcing, as well as its strategic objectives across the central Sahelian states of Mali, Burkina Faso, and Niger, and the northernmost areas of several West African littoral states. JNIM’s organizational structure balances unity and central power with local adaptation and flexibility, which has allowed the group to build a cohesive yet adaptable organization. However, the group’s exponential growth since its formation strains ongoing cohesion, and operational and tactical objectives differ due to differences within the vast territories in which the group operates. JNIM exerts control and authority over local populations by force using both violent and non-violent means, such as providing civilian services, justice, and dispute mediation; these means vary depending on the context. This unified and locally flexible strategy is also evident in JNIM’s strategic engagement with local licit and illicit economies. While JNIM’s engagement in illicit activities is intimately linked to the diverse financing and resourcing of JNIM’s war economy, it goes beyond merely accumulating financial resources. JNIM utilizes these resources to enhance its legitimacy and to gain  popular support while furthering its strategic and governance objectives. Further, JNIM’s quasi-regulatory role in certain illicit economies – including in enabling access to some stateprohibited resources – is central to its positioning as an alternative governance provider, posited as preferable to regulatory regimes imposed by the state. The under-explored dimension of economic warfare is highlighted in the report as a vital component of JNIM’s overall strategy, which encompasses the destruction and sabotage of critical and public infrastructure, the establishment of checkpoints along transport routes, attacks on commercial and logistic convoys, the imposition of embargoes and blockades, and other tactics such as forced population evictions. The economic warfare dimension of JNIM’s strategy significantly overlaps with the organization’s effort to expand its competitive systems of control over the population, through which JNIM seeks to weaken the state and impair its authority. The report concludes by forecasting the trajectory of JNIM’s expansion, especially in light of evolving state responses. Given its current organizational structure and adaptive strategies, JNIM appears poised to continue its growth and influence. The group’s strategic use of illicit economies and economic warfare serves as a potent driver of its territorial control strategies, and these elements are expected to remain integral to JNIM’s operational blueprint. As state actors devise their own strategies to respond to JNIM’s activities, the group’s adaptability will be put to the test. The effectiveness of these state responses, in turn, will hinge on a profound understanding of JNIM’s organizational dynamics, its strategic engagement with local economies, and the ways in which it navigates and leverages the complex socio-political landscapes within which it operates. Anticipating the future of JNIM necessitates a sustained and nuanced focus on these factors. This report aims to contribute to such an understanding, providing a foundation upon which more effective and informed strategies can be developed to address the challenges posed by JNIM in the Sahel region  

Issue 1

Geneva: Global Initiative Against Transnational Organized Crime 2023. 49p.

By Kate Fitz-Gibbon, Sandra Walklate, Jasmine McGowan, JaneMaree Maher, Jude McCulloch

This project aimed to develop new understandings of risk and system interactions prior to intimate femicide in order to build the evidence base required to inform early intervention and the prevention of intimate femicide in Australia. Drawing on a quantitative and qualitative analysis of intimate femicide sentencing decisions imposed over a decade in Australian superior courts, the new knowledge generated from this project is intended to inform and assist in developing a more risk-sensitive approach to preventing and responding to intimate femicide in Australia and overseas, thereby enhancing women’s security.

This report presents findings from the collection of over 250 intimate femicide sentencing judgments and the in-depth analyses of 235 of these. These judgements were used, in part, to identify potential points of intervention that might have provided an opportunity to prevent such killings.

In Australia, at least one woman a week is murdered by her current or former partner. According to Destroy the Joint, this equated to the killing of at least 57 women in 2022 and at least 64 women in 2023 allegedly as a result of men’s violence. At the time of finalising this report, an unusually high number of killings allegedly by men’s violence in the first four months of 2024 in Australia has reignited national attention over the need to better address women’s risk of fatal violence (see, inter alia, AAP, 2024; Priestley, 2024; Tuohy, 2024).

Intimate partner homicides are recognised as the most preventable type of homicide because it is assumed that histories of abuse can provide clear indicators of risk (see, inter alia, Bugeja et al., 2013; Dearden & Jones, 2008; Virueda & Payne, 2010). While intimate partner homicides are monitored and examined in Australia via the work of the Australian Institute of Criminology and state-based death review teams, there is no fully funded, multi-systems approach to the prevention of men’s lethal violence against women (McPhedran & Baker, 2012). As in Australia, international efforts to review and count such deaths are carried out in different ways and are often fraught with difficulties (see, inter alia, Walklate et al., 2020; Dawson & Vega, 2023).

In Australia and comparable international jurisdictions, a range of provisions, measures, laws and programs are designed to assess and address the risk of intimate partner violence. These include civil orders alongside programs that provide increased levels of protection and monitoring for women deemed at high risk of repeat victimisation. These instruments include the development of various risk assessment and management frameworks (Walklate et al., 2020). While magistrates, police and specialist support services use these instruments to identify and respond to risk (Boxall et al., 2015; Robinson & Moloney, 2010; Wakefield & Taylor, 2015), there is evidence that these approaches are limited by their conceptualisations of risk and in their scale of implementation and inconsistency in application.

This project sought to contribute new evidence to inform the further development of whole-of-systems preventive approaches to repeat violence and intimate femicide. Specifically, the project aimed to build evidence based on the following touchpoints:

• Places where an intervention between the initial emergence of family violence and the fatal outcomes had occurred.

• What could potentially be known about those points of intervention.

• If/how the pathway from intervention to safety could be better supported.

This report presents findings from the collection of over 250 intimate femicide sentencing judgments and the in-depth analyses of 235 of these. These judgements were used, in part, to identify potential points of intervention that might have provided an opportunity to prevent such killings. Sentencing judgments typically include narrative accounts from a judge, who describes how and where the crime took place as well as the circumstances that led to it.

This project builds current understandings of the potential points of intervention prior to the killing of women by their male intimate partners. In doing so, this project has contributed to building understanding of who perpetrates intimate femicide.

Melbourne: Monash University, 2024. 40p.

By  Coen Teunissen, Michael John Cahill, Sarah Napier, Timothy Cubitt, Hayley Boxall and Rick Brown

This study examined the sexual exploitation of children on dating apps, and their revictimisation as adults. Findings showed that, from a sample of 9,987 Australian dating platform users surveyed, 8.8 percent had used these platforms while under 18 years of age. Of these, 59.3 percent reported receiving at least one sexually exploitative request from another dating platform user who knew they were under 18. 

Respondents who were victimised on dating platforms while under 18 were more likely to be revictimised as an adult through online and offline sexual violence. They also experienced a greater number of harms. These findings highlight the risks associated with underage dating platform use, the potential for revictimisation as an adult, and the need for these platforms to implement additional safety measures to reduce access among children and adolescents.

Trends & issues in crime and criminal justice no. 697. 

Canberra: Australian Institute of Criminology. 2024. 16p.

By Emma Belton and Adrian Cherney

Violent extremism risk assessment tools have become an important way of understanding and managing the threat posed by radicalised offenders in custodial and community settings. The aim of this study was to examine the applicability, interrater reliability and predictive validity of the Violent Extremism Risk Assessment—Version 2 Revised (VERA‑2R) against data on individuals who have radicalised in Australia. Two trained assessors—the authors— completed VERA-2R risk assessments for a sample of 50 extremist offenders. Results showed differences in risk profiles between individuals who were violent and non-violent. It was found that the VERA-2R had good interrater reliability but low predictive validity.

Trends & issues in crime and criminal justice no. 690. 

Canberra: Australian Institute of Criminology. 2024, 19p.

By Rae Cooper, Elizabeth Hill, Suneha Seetahul, Meraiah Foley, Marnie Harris, Charlotte Hock, Amy Tapsell

Sexual harassment is a systemic and pervasive feature of the retail industry ecosystem and a persistent part of daily interactions between retail workers, and their managers, peers and customers. It is such a common experience that many retail workers perceive it as just 'part of the job'. Sexual harassment causes harm on multiple levels - it affects the wellbeing of individual employees, damages team cohesion, and creates economic damage for businesses.

This study reveals that sexual harassment is a persistent and pervasive feature of retail work, arising from a complex interplay of institutional, industry-wide and organisational factors. Institutional frameworks, including employment laws, set the context for retail operations and workforce experiences.

The insights in this report provide a detailed understanding of the drivers of workplace sexual harassment in the retail industry, offering a foundation for industry-wide change.

Key findings:

• Sexual harassment in the retail workplace is experienced by retail workers as routine and unavoidable, influenced by industry norms and narratives such as the customer is always right.

• A range of people perpetrate sexual harassment including managers, colleagues and customers.

• The retail industry must improve its organisational policies, training practices and reporting processes to better prevent and respond to workplace sexual harassment.

ANROWS Research Report 04/2024

Australia's National Research Organisation for Women's Safety (ANROWS( 2024. 126p.

By Timothy Broady, Catherine Thomson, Ilan Katz, Sarah Judd-Lam

With funding from the Department of Communities and Justice, the NSW Ageing and Disability Commission (ADC) commissioned the Social Policy Research Centre (SPRC) at UNSW, in partnership with Carers NSW, to conduct the ADC Carers Project. 

The aim of the project was to provide the ADC with clear evidence-based findings, recommendations, and advice to inform their work with carers of adults with disability and older people. Specifically, the research was designed to inform the handling of future reports about abuse, neglect and exploitation by the ADC, ways for the ADC and service systems to better support carers, and opportunities for early intervention and prevention strategies. 

This report presents the findings from the analysis of quantitative and qualitative data held by the ADC in relation to reports about alleged abuse, neglect, and exploitation of adults with disability and older people. 

The analyses focused on identifying factors associated with different types of alleged abuse and neglect of older people and adults with disability, as well as factors associated with reported ADC actions, assistance provided, and outcomes for older people and adults with disability. 

Initial recommendations are provided based on these findings. 

Sydney: University of New South Wales, Social Policiy Research Centre,  2024. 61p.

By Alexandra Gannoni, Alexandra Voce, Sarah Napier and Hayley Boxall

This study sought to identify principles to guide the development and implementation of initiatives that aim to prevent child sexual abuse material (CSAM) offending. It did so through a review of research on the implementation and effectiveness of initiatives that aim to prevent CSAM offending, and through input from an international expert advisory group.

Seven principles are described in this paper: the use of advertising campaigns; confidentiality and anonymity; an empathetic and non-judgemental approach; accessibility; training and support; tailored programs; and evaluation. These broad principles can act as a valuable resource for practitioners and policymakers.

Trends & issues in crime and criminal justice no. 696. 

Canberra: Australian Institute of Criminology.2024. 18p.

By Brigitte Gilbert

There has been increasing concern over the low conviction rate for sexual assault. This paper uses data from the NSW Police Computerised Operational Policing System (COPS) and the NSW Criminal Courts datasets to track the progress of sexual assaults reported to the NSW Police Force in 2018 through the NSW criminal justice system. The study examines the attrition of incidents, defendants, and charges from the reporting stage through to the sentencing of a proven matter. Attrition rates are tracked separately for contemporary child sexual assault, historic child sexual assault, and adult sexual assault offences.
   There has been increasing concern over the low conviction rate for sexual assault. This paper uses data from the NSW Police Computerised Operational Policing System (COPS) and the NSW Criminal Courts datasets to track the progress of sexual assaults reported to the NSW Police Force in 2018 through the NSW criminal justice system. The study examines the attrition of incidents, defendants, and charges from the reporting stage through to the sentencing of a proven matter. Attrition rates are tracked separately for contemporary child sexual assault, historic child sexual assault, and adult sexual assault offences. The study findings show that: • In 2018, 5,869 incidents of sexual assault were reported to NSW police. Of these, 872, or 15%, resulted in the commencement of criminal proceedings against one of 969 defendants and involving 3,369 individual criminal charges for sexual assault or a related sex offence. • Only a small proportion of reported sexual assault incidents resulted in a criminal conviction, with just 8% of reported contemporary child sexual assault incidents, 7% of reported historic child sexual assault incidents, and 6% of reported adult sexual assault incidents resulting in a proven charge. • The largest point of attrition was seen during the police investigation stage, with no legal action taken against an accused in 85% of reported sexual assault incidents. This was consistent across contemporary child, historic child, and adult sexual assaults. • The second largest attrition point was during court proceedings, with two out of five defendants having all their charges withdrawn by the prosecution, dismissed due to mental health, or ‘otherwise’ disposed of. A slightly higher proportion of defendants appearing in historic child sexual assault matters (49%) had all charges against them withdrawn/dismissed or otherwise disposed of, than defendants appearing in contemporary child sexual assault (43%) and adult sexual assault (43%) matters. • For the small number of matters that did progress to court, only a minority of defendants (41%) had a sexual offence charge proven, either by way of a guilty plea or guilty verdict. A lower conviction rate was observed amongst those charged with adult sexual assault (38%) compared with defendants charged with contemporary child sexual assault (43%) and historic child sexual assault (44%). • The majority of defendants (77%) found guilty of sexual assault were sentenced to prison. Prison sentences were imposed for 72% of defendants found guilty of contemporary child sexual assault, 87% of defendants found guilty of historic child sexual assault and 80% of defendants found guilty of adult sexual assault  

Bureau Brief No. BB170

Sydney: The NSW Bureau of Crime Statistics and Research (BOCSAR), 2024. 23p.

By Heather Wolbers and Hayley Boxal

People with disability are at an increased risk of sexual violence. The extent of this increased risk online, particularly in the context of online dating, is unclear as research on dating app facilitated sexual violence (DAFSV) is in its infancy.

This study examines the prevalence and nature of online DAFSV experienced by people with disability (n=1,155), using data from a large national survey of dating platform users (n=9,987).

Overall, 88 percent of users with disability experienced some form of online DAFSV. Rates of harm were significantly higher for users with disability than for users without disability. Further, women and First Nations users with disability were particularly at risk of victimisation.

Findings support the urgency of responses to protect those most at risk of harm facilitated by online dating platforms.

Trends & issues in crime and criminal justice no. 695. 

Canberra: Australian Institute of Criminology. 2024. 18p.

By Don Weatherburn,  Michael Doyle, Teagan Weatherall, Joanna Wang

   The Australian Indigenous imprisonment rate is currently 16.7 times the non-Indigenous imprisonment rate. The leading proximate cause of this over-representation is a high rate of Indigenous arrest. In this report we develop and test a model of Indigenous arrest in which the primary drivers of risk are substance use, stress and trauma, adverse social environment, exposure to arrest, human/economic/social capital, and state/territory of residence. We test the model using data from the 2014–15 National Aboriginal and Torres Strait Islander Social Survey. The strongest risk factors are alcohol and other drug use and having a high or very high level of psychological distress. The strongest protective factors are completing school, having an income in the top four deciles, and having a permanent home.   

  AIC reports Research Report 32

Canberra: Australian Institute of Criminology, 2024. 50p. 

By Transparency International Australia, KordaMentha

  Globally, money laundering (ML) is a major driver of poverty and inequality. It erodes public trust, democracy and leads to less government revenue for essential services including health, education, and infrastructure. It also creates economic instability and social harms while enabling criminals to take advantage of legitimate actors in the private sector, hurting organisations and the community in the long term. In this report, Transparency International Australia (TIA) in partnership with KordaMentha, consider the ML vulnerabilities that exist in Cambodia and Australia and the gaps in the relevant Anti-Money Laundering (AML) regimes that make Australia an ideal destination for regional foreign proceeds and illicit funds. The timing of this report coincides with Australia’s consultation on the ‘Tranche 2’ reforms, the proposed amendments that would extend obligations under the AML/CTF legislation to real estate agents, lawyers, accountants, trust and company service providers and dealers in precious metals and stones.1 Our research suggests that Cambodia’s cash economy, geographical position, perceived corruption, porous borders, and gaps in the effectiveness of its AML legislative regime are all factors leading to increased ML vulnerabilities. The effectiveness of Cambodia’s AML regime is limited by a largely cash-based and partially dollarised economy that is growing on the back of industries that are vulnerable from a ML perspective such as casinos, garment manufacturing and logging. 2 The Cambodian AML regulators have limited capacity to oversee the regulated population, particularly in relation to the fast-growing financial and banking industries that are responsible for remitting funds domestically and internationally. A deeply politicised judicial system and reports of heightened corruption also constrain effective enforcement. Sources of funds laundered in Cambodia are widespread, most notably because of the prevalence of crimes such as human trafficking and exploitation, drug trafficking, smuggling, fraud and corruption – all of which are predicate ML offences. Cambodia is also seen as a regional ML hub for Chinese, Myanmar and Thai interests who invest funds in both legitimate and illegal industry in Cambodia, including in the casino industry, where rapid expansion prior to the COVID-19 pandemic is believed to have allowed ML to proliferate. Our research shows that ‘dirty money’ flowing across transnational borders, including from Cambodia, tends to move out of poorer countries and into the economies of wealthier nations, including Australia and the United States. Australia’s current Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) legislative framework, and in particular its failure to implement ‘Tranche 2’ reforms and effectively regulate Designated NonFinancial Businesses and Professions (DNFBPs) makes Australia an attractive destination for such funds moving illegally out of the Southeast Asian Region. In general terms, the current Australian legislative regime does not sufficiently deter criminals from laundering money through Australia’s real estate and the broader economy. Australia has visibility of the flow of funds from foreign jurisdictions. Current reporting entities (REs) are required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 Act (AML/CTF Act), to report all international transfers to the regulator, the Australian Transaction Reports and Analysis Centre (AUSTRAC). Furthermore, AUSTRAC collects declarations of all monetary instruments valued over $10,000. Together these two channels in this report are referred to as the ‘regulated channels’, and the figures below are the indicative value of fund flows in 2022  This report explores the significant amount of funds flowing through these ‘regulated channels’ as well as emerging typologies conducted through entities not currently captured under the AML/CTF regime (‘unregulated channels’). In particular we explore the investment Cambodian foreign persons have made into Australia’s property market. The limited dataset sourced for this report shows that between 2019 and 2023, 118 properties were settled by Cambodian foreign persons, worth a combined value of $110 million. This report concludes that greater partnerships are required between Cambodian and Australian law enforcement and regulatory bodies, as well as the strengthening of both regulatory regimes to mitigate the flow of illegal funds from Cambodia to Australia and minimise harms to both Cambodian and Australian communities. 

Law , VIC: Transparency International Australia; Melbourne, AUS: 

LaLw Courts VIC2024. 57p.  

By The State of Queensland (Office of the Information Commissioner) 2024The Honourable Catherine Holmes AC SC

This review was established as a result of the Queensland Government’s recognition that, because of the High Court’s decision in Crime and Corruption Commission v Carne, legislation would be needed to give the Queensland Crime and Corruption Commission public reporting and statement powers in relation to corruption investigations, and that before legislating, the many different and sometimes competing public interest and human rights factors involved required careful consideration. The expanded terms of reference also incorporated the Commission’s prevention function so far as it concerns corruption.

This report makes recommendations for legislative change. The compatibility of each proposed change with human rights under the Human Rights Act 2019 has been considered, in each instance with a positive conclusion. The recommendations fall into five groups, prefaced by an initial recommendation which articulates this proposition: that public reports and public statements should only ever be made in the public interest, in considering which a number of specified factors should be taken into account.

Key recommendations:

• The Commission should be able to report on corruption allegations about elected officials even if the person is not found guilty. Reports must not include critical commentary or opinions or recommendations based on their conduct.

• The Commission should be able to report on investigations that reveal systemic corruption. A person cannot be named in the report unless reasonably necessary, unless they have been named in a public hearing or unless they could be named in a serious corrupt conduct report.
  

• State of Queensland, 2024. 462o.By The State of Queensland (Office of the Information Commissioner) 2024The Honourable Catherine Holmes AC SC

  This review was established as a result of the Queensland Government’s recognition that, because of the High Court’s decision in Crime and Corruption Commission v Carne, legislation would be needed to give the Queensland Crime and Corruption Commission public reporting and statement powers in relation to corruption investigations, and that before legislating, the many different and sometimes competing public interest and human rights factors involved required careful consideration. The expanded terms of reference also incorporated the Commission’s prevention function so far as it concerns corruption.

  This report makes recommendations for legislative change. The compatibility of each proposed change with human rights under the Human Rights Act 2019 has been considered, in each instance with a positive conclusion. The recommendations fall into five groups, prefaced by an initial recommendation which articulates this proposition: that public reports and public statements should only ever be made in the public interest, in considering which a number of specified factors should be taken into account.

  Key recommendations:

  • The Commission should be able to report on corruption allegations about elected officials even if the person is not found guilty. Reports must not include critical commentary or opinions or recommendations based on their conduct.

  • The Commission should be able to report on investigations that reveal systemic corruption. A person cannot be named in the report unless reasonably necessary, unless they have been named in a public hearing or unless they could be named in a serious corrupt conduct report.

    State of Queensland, 2024. 462o.

By Trine Filges, Elizabeth Bengtsen, Edith Montgomery, Malene Wallach Kildemoes

Background

The number of people fleeing persecution and regional conflicts is rising. Western countries have applied increasingly stringent measures to discourage those seeking asylum from entering their country, amongst them, to confine asylum seekers in detention facilities. Clinicians have expressed concerns over the mental health impact of detention on asylum seekers, a population already burdened with trauma, advocating against such practices.

Objectives

The main objective of this review is to assess evidence about the effects of detention on the mental and physical health and social functioning of asylum seekers.

Search methods

Relevant literature was identified through electronic searches of bibliographic databases, internet search engines, hand searching of core journals and citation tracking of included studies and relevant reviews. Searches were performed up to November 2023.

Selection criteria

Studies comparing detained asylum-seekers with non-detained asylum seekers were included. Qualitative approaches were excluded.

Data collection and analysis

Of 22,226 potential studies, 14 met the inclusion criteria. These studies, from 4 countries, involving a total of 13 asylum-seeker populations. Six studies were used in the data synthesis, all of which reported only mental health outcomes. Eight studies had a critical risk of bias. Meta-analyses, inverse variance weighted using random effects statistical models, were conducted on post-traumatic stress disorder (PTSD), depression, and anxiety.

Main results

A total of 27,797 asylum seekers were analysed. Four studies provided data while the detained asylum seekers were still detained, and two studies after release. All outcomes are reported such that a positive effect size favours better outcomes for the non-detained asylum seekers. The weighted average SMD while detained is 0.45 [95% CI 0.19, 0.71] for PTSD and after release 0.91 [95% CI 0.24, 1.57]; for anxiety 0.42 [95% CI 0.18, 0.66] and for depression 0.68 [95% CI 0.10, 1.26] both while detained. Based on single-study data, the SMD was 0.60 [95% CI 0.02, 1.17] for depression and 0.76 [95% CI 0.17, 1.34] for anxiety, both after release. Three studies (one study each) reported outcomes related to psychological distress, self-harm and social well being. Psychological distress favoured the detained but was not significant; whereas both effect sizes on self-harm and social wellbeing indicated highly negative impacts of detention; in particular, the impact on self-harm was extremely high. The OR of self-harm was reported separately for asylum seekers detained in three types of detention: Manus Island, Nauru and onshore detention. The ORs were in the range 12.18 to 74.44; all were significant.

Authors' conclusions

Despite similar post-migration adversities amongst comparison groups, findings suggest an independent adverse impact of detention on asylum seekers' mental health, with the magnitude of the effect sizes lying in an important clinical range. These effects persisted beyond release into the community. While based on limited evidence, this review supports concerns regarding the detrimental impact of detention on the mental health of already traumatised asylum seekers. Further research is warranted to comprehensively explore these effects. Detention of asylum seekers, already grappling with significant trauma, appears to exacerbate mental health challenges. Policymakers and practitioners should consider these findings in shaping immigration and asylum policies, with a focus on minimising harm to vulnerable populations.

Campbell Systematic Reviews, Volume 20, Issue 3

September 2024

By John Hall

Retail theft is a complex issue with conflicting narratives. Some people believe that the problem is exaggerated by authorities and retailers who are struggling to keep up with a changing marketplace. Others point to personal experiences of theft and stores being repeatedly targeted by chronic offenders and organized crews. Unfortunately, traditional crime data sources don’t give us a clear picture of the situation. This report explores the limitations of existing data and suggests ways for policymakers to get a better understanding of the problem. It uses New York City as a case study and shows how its challenges are similar to those in other cities. This paper also draws upon examples from other major cities that provide retail-theft data to highlight the commonalities and variations in how retail theft operates throughout the country and discusses some general strategies that could be used to address retail theft in cities across the country

New York: Manhattan Institute, 2024. 20p.

By Troy Allard, Molly McCarthy and Anna Stewart

  The lifetime costs of offenders to the criminal justice system provide useful information to support implementation of innovative frameworks such as justice reinvestment and payment by outcome, as well as helping to assess the effectiveness of targeted prevention programs. However, few Australian studies have explored the longitudinal costs of offenders and no research has explored whether criminal justice system costs differ based on Indigenous status. This study used linked administrative data (contacts individuals born in 1983 and 1984 had with police, courts and corrections in Queensland) to determine how offending develops over the life course and how Indigenous status influences offending trajectories. A narrow costing framework focused on direct criminal justice system costs used in service provision (police, courts, youth justice and corrections) was developed to establish unit cost estimates based on critical cost drivers (eg whether diverted, offence type, trials and sanction type). These cost estimates were modelled to assess the costs of individuals on different trajectories. Findings identified over half (53%) of the Indigenous population and 16 percent of the non-Indigenous population had moderate to chronic trajectories of offending. Because of the high levels of recontact, Indigenous offenders were on average more costly. These findings emphasise the need for innovative approaches such as justice reinvestment/payment-by outcome to reduce Indigenous over-representation.  

Report to the Criminology Research Advisory Council      

Canberra: Australian Institute of Criminology, 2020. 65p.