Introduction
It is the responsibility of the Australian Federal Police (AFP) to arrest and charge crew members alleged to have committed a people smuggling offence under the
Migration Act 1958. These cases are then referred to the Commonwealth Director of Public Prosecutions (CDPP) for prosecution. As at 30 June 2011, there were 304 people smuggling
prosecutions involving organisers, captain and crew before the courts (CDPP, 2010–11 Annual Report, p. 84).
Between 1 January 2009 and 18 October 2011, 170 crew members and 4 organisers had been
convicted of people smuggling offences
(Senate Estimates, Attorney General’s portfolio, 18 October 2011, p. 68).
Any crew member determined by the AFP to be a minor (under 18 years of age) is not sent to an adult prison, but is usually removed (unless there are other factors involved that may lead to a conviction—see page 147 of the Attorney General’s portfolio Senate Estimates
hearing on 18 October 2010 for further details).