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.

Key points: Victims must assist police to receive support

Victims must assist police to receive support Some scared, unwilling or unable to contribute

Some scared, unwilling or unable to contribute Fearful of repercussions from traffickers

Fearful of repercussions from traffickers 'Lilian' cooperated with police, fears for her life

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 cooperate 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.

Forced to work in a brothel without sleep

Like thousands of foreign students every year, Lilian (not her real name) came to Australia with an aspiration to get an English language-based education.

The ABC cannot reveal the specifics of her case due to security concerns.

Lilian still remembers her arrival date. That was the day she says she was consigned to an Australian brothel — to a place where her body was used daily by men she has lost count of; where she was sometimes refused an hour of rest, let alone a day off during her period; and where she received death threats and was threatened with having her legs broken if she escaped.

"We were never by ourselves because [the van] always picked us up and always dropped us off," she said.

"The work started at 12:00 in the afternoon but we had to be there before that to get ready.

"Then it depended on how busy it was, if it finished at 6:00 in the morning then six it was; if it was later then it was later. Sometimes not even one hour sleep."

The agency in her home country had allegedly arranged student visas for Lilian and three other girls. Effectively, she was put on a debt bondage.

Lilian said it was "too much" for her to recall how she managed to escape, but revealed she was living on the streets before the police found her.

"[The police] said if I can give them evidence they can help me," she said.

"If I don't give any evidence or I don't want to tell them any story, it means I'm the one in the wrong and then I exit [the Support Program].

"They helped to send me back to [another city] because it was too dangerous for me to stay there."

Traffickers 'will kill me, break my legs'

Although fearful of repercussions from her traffickers, Lilian did not want to turn down support and agreed to cooperate with the police — a decision she said "still" made her fear for her life.

"[The police] know [my country] is not safe for me now because I gave the statement," she said.

"I've never been [home] more than for 10 days or anything; it's not often because I'm still scared. My parents still are there.

"[The traffickers] said if they find out [I have left] they're going to kill me, they're going to tell the police I'm doing illegal things even though I was forced to do that job.

"If I did run away or try, if I didn't want to work, they were going to send me to somewhere, break my legs or arms, take [me] to a different country."

Lilian said the Support Program she had endangered her life for had given her an appropriate visa but fallen short of meeting her needs for rebuilding an independent life.

"I don't want money or Centrelink, I only need a job to support myself. But they didn't do anything," she said.

"I was for three years looking for a job and gave the resume everywhere — and nothing."

Victims have 'every reason to be frightened'

The Red Cross receives funding from the Federal Government to run the Support for Trafficked People Program, which can only support alleged people-trafficking victims if they agree to cooperate with the Australian Federal Police (AFP).

Maruska Batakovic, the program's national coordinator, said it was "definitely the case in some occasions" that women feared for their safety after they had cooperated with the police to access support.

"Once they leave the program then the parameters of the Support Program cease, but we would ensure that they have referrals and pathways to go to," she said.

Australian Catholic Religious Against Trafficking in Humans (ACRATH) executive director Christine Carolan said victims had legitimate grounds to be fearful.

"The sisters that we work with in Thailand have told us that women who come from Thailand — that they know of — have real grounds for being fearful of cooperating with the Australian police because the traffickers in Thailand can be ruthless," she said.

"And they know where the young women, who've been trafficked into Australia, where their families are."

The Attorney-General's Department, which oversees the regulations designed to tackle human trafficking, defended the legislation, saying if victims were allowed to access support without having to engage in prosecution processes, the slavery-like offences would not be investigated.

"It is the Government's view that the complete de-linking of witness assistance and visa provisions from the criminal justice framework may create little incentive for trafficked people to engage with law enforcement agencies and therefore affect the success of trafficking-related prosecutions," a department spokesperson said.

"If human trafficking and slavery-related offences were not able to be successfully investigated and prosecuted, the potential deterrent effect of Australia's robust legislative framework would be substantially limited."

The AFP declined the ABC's request to answer any specific questions, saying: "As one member of a group of government agencies that work in this important space we are happy with the response provided to you by the lead government agency."

Statistics in the US State Department's human trafficking report indicate the prosecution rate in Australia is already low, and the department has urged Australia to "vigorously prosecute, convict and stringently sentence traffickers".

In 2014, the AFP investigated 87 alleged trafficking cases, the US report said. While this was an increase from 46 the previous year, the police did not convict any traffickers.

Judicial officials dismissed trials for three alleged traffickers and one defendant's trafficking charge was dropped for undisclosed reasons.

'It's real because I'm here'

The US State Department estimates that 600,000 to 800,000 people are trafficked across international borders every year.

The United Nations says "the crime of trafficking in persons affects virtually every country in every region in the world".

Meagan Tyler, public officer for the Coalition Against Trafficking in Women in Australia, said Australia was lagging behind in raising awareness about the issue.

"It is something that governments like to make a noise about doing something about, but there is this sense, particularly in Australia, that maybe trafficking is something that goes on elsewhere," she said.

Jules Kim, however, from sex workers association Scarlet Alliance, said she had not met any women who had been duped into sex work.

"I'm not saying that trafficking doesn't exist; I'm not saying that exploitation doesn't exist, but I'm saying that this widespread issue that they're talking about doesn't exist," she said.

But Lilian, who could name Korean and Taiwanese trafficking victims she knew personally, said Australians were not aware human trafficking existed in the country.

"One guy came after one speech [I gave] and said, 'Is that real in here?', because he can't believe those things are happening in Australia," she said.

"And I told him, 'Yes, it's real. Because I'm here'."

How the support system works

The Assessment and Intensive Support Stream sees that all trafficked people referred by the AFP to the Support for Trafficked People Program are eligible to receive 45-day support, regardless of whether they are willing or able to assist with the investigation. If the person does not have a valid visa, they are granted Bridging F visa to cover that period.

The Extended Intensive Support Stream provides access to a further 45-day support for trafficked people who are willing but not able to assist with the investigation.

The Justice Support Stream provides support for trafficked people until the investigation and prosecution process is finalised. Their stay in Australia throughout that period is covered with Criminal Justice Stay visa.

The Temporary Trial Support Stream provides support for trafficked people giving evidence pertaining to a human trafficking or slavery-related prosecution. A person who has made a contribution to an investigation or prosecution process may be eligible for a Referred Stay (permanent) visa.