Thousands of Pacific Islanders who travel to states such as New South Wales, Queensland and Victoria each year to pick fruit and vegetables do not fully understand what constitutes a crime in Australia.
It is reported that more and more seasonal workers are being charged with rape, with many being jailed for offences that may not be illegal in their home countries.
Vanuatu’s Home Affairs Minister Johnny Koanapo has cited a lack of awareness of Australian law as a major reason why his citizens end up in prison.
Mr Koanapo said it was unclear how many of his compatriots – the so-called ni-Vanuatu – were in Australian prisons, but that he had met a lawyer who was handling 30 cases.
At a press conference not previously reported by Australian media, Mr Koanapo also said there had been an increase in the number of seasonal workers being charged with rape.
“Some of our citizens are committing crimes while under the influence of alcohol, and these crimes are beyond my imagination,” Mr Koanapo told reporters in Vanuatu in late April.
The alleged crimes committed by Vanuatu men range from minor cases to “very serious” offences.
“This is a fact that cannot be denied when you look at the number of ni-Vanuatu people who end up in prison in certain Australian states,” Mr Koanapo said in a follow-up interview with ABC Pacific.
Vanuatu’s Home Affairs Minister Johnny Koanapo has cited a lack of understanding of Australian laws as a major reason why its citizens end up in jail
A Vanuata fruit picker is in custody in Queensland after being accused of raping a teenage girl in Mareeba on the Atherton Tablelands in March.
The 31-year-old has been charged with rape, assault with intent to rape and indecent treatment of a child under 16. He is due to appear in court later this month.
A Samoan fruit picker has been denied bail in NSW after allegedly raping a teenage girl near Arrawarra Beach on the north coast in November.
The 25-year-old is charged with four counts of sexual intercourse without consent and one count of simple assault. He is due back in court in September.
In Mildura in Victoria’s Suraysia citrus-growing region, complaints about misconduct by seasonal workers in the nearby town of Red Cliffs led to an ‘apology ceremony’ attended by members of a delegation from the Vanuatu government.
Under the Pacific Australia Labour Mobility (PALM) scheme, eligible Australian businesses can hire workers from nine Pacific island nations and East Timor when there is a shortage of local labour.
According to the Department of Employment and Workplace Relations, there were more than 34,000 PALM workers in Australia in June.
The largest number of workers came from Fiji (6,695), followed by Vanuatu (6,400), the Solomon Islands (5,085), East Timor (4,750), Tonga (4,165), Papua New Guinea (1,935) and Samoa (3,245), with Tuvalu and Nauru making up the remainder.
Many have been jailed for offences that are not illegal in their home countries. There is no suggestion that any of the seasonal workers depicted have committed a criminal offence
Queensland had the most workers with 12,215, ahead of NSW (6,455), Victoria (5,985), South Australia (2,955), Western Australia (2,975), Tasmania (1,725), Northern Territory (705) and ACT (30).
More than half of the migrant workers were employed in agriculture, with meat processing by far the second largest sector.
Residents of several small towns where many PALM visa holders reside have complained about seasonal workers engaging in antisocial behaviour, such as public drunkenness.
Daily Mail Australia has learned that employees have been behaving inappropriately towards women, fighting among themselves and driving dangerously while intoxicated.
Workers often live in overcrowded accommodation that can be compared to slums, while men are sometimes separated from their wives and families for months or even years.
Mr Koanapo said there was a lack of ‘understanding and knowledge among our citizens about specific offences and about things that may not be considered offences here in Vanuatu’.
“The way the law is enforced is probably slightly different to the way it is enforced in Australia,” he said.
Mr Koanapo said workers participating in the PALM program should be well informed about Australian laws and customs before leaving Vanuatu.
“I also plan to hire one or two lawyers who will attend the departure briefings before our people go to Australia to do seasonal work,” he said.
‘The briefings need to be comprehensive enough to cover certain issues that our people need to be aware of before they board the plane to Australia.
‘People may take certain things for granted, but in Australia the situation is different.’
Mr Koanapo was unsure how many Vanuatu seasonal workers had been arrested for rape.
“The information is not very clear to me,” he said. “But I do understand that, after obtaining reliable information, there are a fair number of them in prison.”
Workers are often housed in overcrowded accommodation similar to slums, while men can be separated from their wives and families for months or even years. Workers’ housing on the NSW mid-north coast is pictured
According to Mr Koanapo, his government does not even know how many PALM workers from Vanuatu are in Australia.
Concerns have been raised about certain working conditions for PALM visa holders, such as the way employers are allowed to withhold their salaries.
Deductions can be applied to reimburse employers for expenses such as international airfare, visa applications and medical exams.
Ongoing deductions are made for housing, health insurance, meals, transportation to and from work, and household bills such as electricity.
Employees also cannot leave their employers without going through a rigorous bureaucratic process.
Mr Koanapo said he did not believe working conditions were the “compelling factor that forced them to commit certain crimes”.
“I think it’s a personal choice of people,” he said.
“We have listened to some of the concerns raised by our employees and we are discussing these with the Australian government.”
Residents of a number of small towns that host large numbers of PALM visa holders have complained about seasonal workers engaging in public drunkenness and other antisocial behaviour. Seasonal workers are pictured in NSW
Daily Mail Australia understands the federal government expects workers in the PALM program to receive training, including information on Australian laws and customs, before leaving their home country.
Employers participating in the PALM scheme are also required to provide their employees with comprehensive information upon arrival about the consequences of breaching Australian law.
A spokeswoman for the Department of Employment and Labour Relations said the agency has recorded “limited data” of PALM workers accused of criminal offences.
“The department cannot share this information for legal and privacy reasons,” she said.
“The Department takes all allegations regarding the employees of the PALM program seriously.”
Vanuatu’s High Commissioner to Australia, Samson Fare, was asked for comment but did not respond.