Complications of multiple blunt force injuries sustained when voluntarily exiting a moving vehicle
AI-generated summary
Jerwin Royupa, a 21-year-old Filipino agricultural graduate, died on 15 March 2019 from injuries sustained when he exited a moving vehicle. He had arrived in Australia on a Subclass 407 training visa, sponsored by an agricultural business operator. During his five weeks in Australia, Jerwin experienced exploitation including excessive work (60 hours/week), no payment despite promises, confiscation of his passport, and isolation. He became increasingly fearful of his sponsor after the Fair Work Ombudsman was contacted about his conditions. On 14 March 2019, believing he was being taken to the airport (but actually the Melbourne airport to return him to the Philippines), Jerwin voluntarily exited the moving vehicle and suffered fatal injuries. The inquest found the DHA's visa approval was inappropriate, supports for exploited visa holders were inaccessible and inadequate, and the initial police investigation was inadequate in failing to treat the incident as suspicious and failing to engage crime scene and crash investigation resources.
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Specialties
occupational and environmental healthforensic medicine
Error types
systemproceduraldelay
Contributing factors
Inappropriate approval of Subclass 407 training visa by Department of Home Affairs
Lack of supervision and monitoring of training visa conditions
Exploitation of overseas trainee including excessive hours, non-payment, passport confiscation, isolation, and intimidation
Inadequate supports and services available to vulnerable visa holders, particularly those experiencing exploitation
Fear of sponsor and threat of deportation or police involvement
Lack of clear pathways for reporting exploitation or modern slavery
Inadequate initial police investigation failing to treat incident as suspicious
Failure to engage crime scene and crash investigation resources
Absence of inter-agency coordination regarding exploitation allegations
Coroner's recommendations
Minister for Home Affairs to conduct a thorough internal review (root cause analysis) regarding lessons learned from Jerwin's death, including consideration of: formal review process for DHA approval of s407 visas potentially used for exploitation; risk profiling to identify high-risk sponsors (new sponsors, geographically isolated agricultural areas, unskilled labour risk, small scale operations); random audits by Sponsor Monitoring Unit of high-risk sponsors; inter-agency referral and coordination regarding exploitation allegations; using the matter as a case study for officer training; review of visa grant letters and appropriateness of sponsor being sole authorized recipient of visa information
Minister for Home Affairs to liaise with Australian and NSW Anti-Slavery Commissioners regarding lessons learned from the review
Minister for Home Affairs to implement pre-departure briefings for Subclass 407 training visa holders consistent with Recommendation 46 of the Hidden in Plain Sight report (December 2017)
Australian Anti-Slavery Commissioner and NSW Anti-Slavery Commissioner to liaise and work collaboratively with Commonwealth agencies to improve reporting of modern slavery offences, including considering development of a national modern slavery hotline
Commissioner of NSW Police Force to liaise with NSW Anti-Slavery Commissioner regarding development and implementation of mandatory modern slavery training for officers in high-risk areas (regional/rural/agricultural areas)
Coronial brief of evidence and transcript to be referred to Australian Federal Police for consideration as to further investigations
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