Inquest into the death of Jerwin Royupa

Case Number: 2019/83521

Date of Findings: 16 January 2026

Magistrate: Deputy State Coroner, Magistrate Rebecca Hosking

Catchwords: CORONIAL LAW – Manner of death; adequacy of the post death police investigation; Department of Home Affairs assessment of applications for Subclass 407 Training Visa; support provided to Subclass 407 visa holders; the implementation of the 2017 Hidden in Plain Sight report of the Joint Standing Committee on Foreign Affairs; Modern Slavery.

Responses

Recommendations

To the Minister of Home Affairs:

1) That the Minister for Home Affairs conduct a thorough internal review (in the nature of a root cause analysis) with respect to the potential ‘lessons learned’ arising from the circumstances relating to the death of Jerwin Royupa, including giving consideration to the following matters:

1. whether there is a need for a formal review process to: 
   (a) ensure appropriate investigation and analysis of the role of the Department of Home Affairs (DHA) (including its delegates) in approving subclass 407 training visas that may have been used for exploitation of subclass 407 visa holders (not least in circumstances where the subclass 407 visa holder nominee is deceased in connection with activities relating to training in Australia); and
   (b) consider the risk of exploitation of subclass 407 visa holders, including in relation to the existing visa requirements (including pay and employment conditions), approval process, monitoring and support to visa holders).
2. the use of potential ‘risk profiling’ to focus the monitoring activities of the Sponsor Monitoring Unit (SMU) on sponsors who may [be] high risk (including by reason of the following factors:
   a) being a new sponsor;
   b) the training is located in a geographically isolated, agricultural area;
   c) there is a risk of the subclass 407 visa holder undertaking unskilled labour or unpaid work;
   d) the sponsor’s operations are small scale).
3. (related to 1(b)) the utility of ‘random’ audits or checks by the SMU of sponsors who may [be] considered ‘high risk’ (including for the reasons stated), including to ascertain whether a training program is in fact being provided as a genuine training opportunity.
4. the absence of any referral for investigation or ongoing investigation into allegations of exploitation of Jerwin Royupa, and the role, communication between, and coordination of Commonwealth agencies in identifying and addressing potential exploitation of subclass 407 visa holders – namely, the Department of Home Affairs (DHA) (including the Australian Border Force); the Fair Work Ombudsman; and the Australian Federal Police.
5. the utility of this matter as a case study for learning by relevant officers (including decision makers assessing s 407 training applications and SMU officers) and consideration of additional training needs for decision makers and/or SMU team members on forced labour risks and indicators.
6. a review of the adequacy of the information provided in the letter confirming the grant of a subclass 407 visa (especially whether there is adequate reference to available support services concerning exploitation and modern slavery) and the inappropriateness of a sponsor being the sole ‘authorised recipient’ of that information (as contemplated by the form ‘Appointment or withdrawal of an authorised recipient’).

and that relevant Commonwealth agencies (including the Commonwealth Attorney General, the Commissioner of the Australian Federal Police and the Fair Work Ombudsman), and the Australian Anti-Slavery Commissioner be consulted and involved, as necessary and appropriate, as to relevant aspects of the review, including for example, the development of enhanced ‘risk based’ approaches to regulation and monitoring of the subclass 407 visa framework.

2) That the Minister for Home Affairs liaise with the Australian Anti-Slavery Commissioner and the NSW Anti-slavery Commissioner as to the lessons learned arising from the review contemplated at (1) above.

3) That the Minister for Home Affairs implement predeparture briefings for subclass 407 training visa holders (consistent with Recommendation 46 of the Hidden in Plain Sight report of the Joint Standing Committee on Foreign Affairs, dated December 2017).

To the Australian Anti-Slavery Commissioner and NSW Anti-slavery Commissioner:

4) That the Australian Anti-Slavery Commissioner and the NSW Anti-slavery Commissioner liaise and work collaboratively with the Commonwealth (including relevant agencies, such as the Commonwealth Attorney General, the Commissioner of the Australian Federal Police and the Fair Work Ombudsman) to consider measures to improve reporting of modern slavery offences, including considering the development of a national modern slavery hotline (consistent with Recommendation 46 and 47 of the Hidden in Plain Sight report of the Joint Standing Committee on Foreign Affairs, dated December 2017), in an appropriate form.

To the Commissioner of the NSW Police Force:

5) That the Commissioner of the NSW Police Force (or his delegate) liaise with the NSW Anti-slavery Commissioner as to the development and implementation of mandatory ‘modern slavery’ training for officers operating in ‘high risk’ areas, including for example, regional/rural and agricultural areas of NSW where conditions of modern slavery may arise.

6) That the coronial brief of evidence and transcript from the coronial proceedings be referred to the Australian Federal Police for consideration as to further investigations.