Foreign victims of sexual exploitation in Australian brothels are being put in danger by laws which make access to government support services conditional on speaking to police, anti-trafficking campaigners have warned.

Under the Federal Government-funded Support for Trafficked People Program, victims of trafficking have to assist police in building a case against traffickers, in return for medical aid, psychological support, accommodation and living allowance and English classes.

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They can eventually be granted a permanent visa if they are seen as being in danger when returning to their country of origin.

But anti-human trafficking organisations say the legislation puts victims and their families at risk because of the danger of reprisals from “ruthless” people-trafficking syndicates.

And they say victims who are not willing or able to co-operate with police are being left without protection.

“There are some people who have been trafficked who haven’t been able to make a contribution to the police and prosecutors and, therefore, are not entitled to protection,” Anti-Slavery Australia director Professor Jennifer Burn, who offers legal advice and representation to trafficking victims, said.

“We think that is a definite gap. I’m really worried about it. I want the law and the policy to change.

“We would like to see a visa system that provides recognition of the experience of trafficking, and the undue harm that could be caused by a decision not to provide protection through an appropriate trafficking visa.”

Victims arrive in Australia predominantly from south-east Asia, according to anti-trafficking organisations.

The women are often tricked into prostitution, thinking they have come to Australia to work in an entirely different industry; or they have consented to work in the sex industry, but have not agreed to the lack of control over their lives.

Anti-slavery organisations have also warned the form of trafficking has changed, with Working Holiday and student visas allowing human traffickers to bring victims to Australia apparently legally.

“I think the migration issue is an important issue to think about. We’ve seen that there have been plenty of cases of people holding proper visas and still being exploited here,” Professor Burn said.