Thousands of Pacific Islanders who come to states such as New South Wales, Queensland and Victoria each year to pick fruit and vegetables do not adequately understand what constitutes a crime in Australia.
An increasing number of seasonal workers are reportedly being accused of rape and many have been jailed for crimes that may not be illegal in their home country.
Vanuatu’s Home Affairs Minister Johnny Koanapo has cited a lack of understanding of Australian laws as a major reason why his citizens end up in jail.
Mr Koanapo said it was unclear how many of his compatriots, known as ni-Vanuatu, were in Australian jails, but he had known a lawyer handling 30 cases.
During a press conference that had not been previously reported in Australian media, Mr Koanapo also said there had been an increase in the number of seasonal workers accused of rape.
“Some of our citizens commit crimes under the influence of alcohol, and these crimes are beyond what I can imagine,” Koanapo told reporters in Vanuatu in late April.
The alleged crimes committed by Vanuatu men ranged from minor matters to “very serious” offences.
“This is a fact that cannot be denied in terms of the number of non-Vanuatu people who are in prisons in certain states in Australia,” 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 his citizens end up in jail.
A fruit picker from Vanuatu is behind bars in Queensland after being accused of raping a teenage girl in March in Mareeba, on the Atherton Tablelands.
The 31-year-old has been charged with rape, assault with intent to commit rape and indecent treatment of a girl under 16, and is due to appear in court later this month.
A Samoan fruit picker has been denied bail in New South Wales after allegedly raping a teenage girl in November near Arrawarra Beach on the mid-north coast.
The 25-year-old is charged with four counts of sexual intercourse without consent and one of common assault and will return to court in September.
In Mildura, in Victoria’s South Asia 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 Vanuatu government delegation.
Under the Pacific Australian Labour Mobility (PALM) program, eligible Australian businesses can recruit workers from nine Pacific island nations and Timor-Leste when there is an insufficient local workforce.
According to the Department of Employment and Workplace Relations, there were more than 34,000 PALM workers in Australia as of June.
The largest number of workers came from Fiji (6,695), followed by Vanuatu (6,400), Solomon Islands (5,085), Timor-Leste (4,750), Tonga (4,165), Papua New Guinea (1,935) and Samoa (3,245), while the remainder came from Tuvalu and Nauru.
Many have been jailed for offences that may not be illegal in their home country. There is no suggestion that any of the seasonal workers pictured have committed a criminal offence.
Queensland had the highest number of workers at 12,215, ahead of New South Wales (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 workforce was employed in agriculture, with meat processing being the next largest sector.
Residents of some small towns that host large numbers of PALM visa holders have complained of antisocial behaviour by seasonal workers such as public drunkenness.
The Daily Mail Australia has been told of cases of workers displaying inappropriate behaviour towards women, fighting amongst themselves and dangerous drink-driving.
Workers are often housed in crowded, slum-like accommodation, while men may be away from their wives and families for months or even years.
Mr Koanapo said there was a lack of “understanding and awareness among our citizens about particular crimes and about things that might not be considered crimes here in Vanuatu”.
“The way the law is applied is probably a little bit different to how it is done in Australia,” he said.
Mr Koanapo said workers participating in the PALM program must be adequately briefed on Australian laws and customs before leaving Vanuatu.
“I also intend to hire one or two lawyers to be part of departure briefings before our people go to Australia to undertake seasonal work,” he said.
‘The briefings must be comprehensive, so that they also 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 and so the situation is not the same in Australia.”
Mr Koanapo was not sure how many Vanuatu seasonal workers had been arrested for rape.
“The information is not very clear to me,” he said. “But I understand, after having obtained reliable information, that a good number of them are in prison.”
Workers often live in crowded, slum-like housing, while men can be away from their wives and families for months or even years. Pictured is worker accommodation on the mid-north coast of New South Wales.
Mr Koanapo said his government did not even know how many Vanuatu PALM workers were in Australia.
Concerns have been raised about some of the working conditions of PALM visa holders, such as how employers can deduct wages from their salaries.
Deductions may be made to reimburse expenses incurred by employers, such as international airfare, visa applications, and medical examinations.
Periodic deductions are made to pay for accommodation, health insurance, meals, transportation to and from work, and household bills such as electricity.
Workers also cannot leave their employers without going through what has been described as a rigorous bureaucratic process.
Mr Koanapo said he did not believe working conditions were the “factor that drives them to commit certain crimes”.
“I think it’s a matter of people’s personal choice,” he said.
“We have heard some of our workers’ concerns and are discussing them with the Australian government.”
Residents in some small towns that host large numbers of PALM visa holders have complained that seasonal workers get drunk in public and engage in other antisocial behaviour. The seasonal workers are pictured in New South Wales
Daily Mail Australia understands the federal government expects PALM workers to receive training, including information on Australian laws and customs, before leaving their home country.
Employers in the PALM program must also provide workers with comprehensive information on arrival, including the consequences of breaking Australian laws.
A spokeswoman for the Department of Employment and Workplace Relations said the agency had booked “limited dates” for PALM workers charged with a criminal offence.
“The department is unable to share this information due to legal and privacy considerations,” he said.
‘The department takes all allegations against PALM program workers seriously.’
Vanuatu’s High Commissioner to Australia, Samson Fare, was contacted for comment but did not respond.