Modern slavery offences

Australia's laws criminalising human trafficking, slavery and slavery-like practices are contained within Divisions 270 and 271 of the Commonwealth Criminal Code. We administer these divisions. 

Division 270

Division 270 of the Criminal Code criminalises slavery. Someone experiencing slavery is used by another person in any way they like, just how they would use property or objects they own. The slavery offences have universal jurisdiction. This means that they apply whether or not the conduct occurred in Australia, and whether or not the victim or the offender are Australian citizens or residents.

Division 270 also criminalises slavery-like practices, including servitude, forced labour, deceptive recruiting for labour or services, and debt bondage. These offences apply to exploitation of a person in any industry or sector. They can also apply if a person is being exploited in a domestic setting or intimate relationship. 

Someone experiencing these slavery-like practices may be lied to about the type of work, working conditions, length of employment or that they have to repay a debt or an excessive debt. They may feel that they are not free to stop working or leave their place of work. 

Forced marriage is another slavery-like practice criminalised under Division 270. A forced marriage is where one or both parties to the marriage do not fully and freely consent. This could be because of coercion, threat or deception, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity. It is also a forced marriage when a person under the age of 16 is married.   

Slavery-like offences in Division 270 have extended geographic jurisdiction. They can apply where the conduct occurred in Australia, or where the conduct occurred outside Australia but the offender was an Australian citizen, resident or corporation. 

Division 271

In Australia, human trafficking, or trafficking in persons, is when a person uses coercion, threats or lies to move someone across or within borders so they can be exploited. Moving or hiding a child so they can be exploited is child trafficking, even if there is no coercion, threats or lies.

Division 271 of the Criminal Code criminalises human trafficking, including offences for trafficking people into, out of, and within Australia. It also criminalises:

• child trafficking
• harbouring (such as hiding or concealing) a victim of trafficking
• human trafficking for the purpose of organ removal.

These offences fulfil Australia’s legislative obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime.

Penalties 

Penalties for the offences in Divisions 270 and 271 range from 4 years of imprisonment for debt bondage, to 25 years of imprisonment for slavery and child trafficking.

Victim support

Australian law also provides protections for vulnerable witnesses giving evidence in Commonwealth criminal proceedings. This includes victims of human trafficking, slavery and slavery-related offences. The Crimes Act 1914 enables victims of these offences to:

• give evidence by closed‑circuit television, video-link or video-recording
• have their contact with the defendant or members of the public limited
• have a support person with them while they give evidence. 

The Crimes Act makes it an offence to publish material identifying victims of human trafficking, slavery and slavery-like offences. It also allows them to make victim impact statements to the court outlining the harm they have experienced.

Targeted review of Divisions 270 and 271 of the Criminal Code

Australia is committed to maintaining strong laws to combat modern slavery.

In 2023, we completed a targeted review of Australia’s modern slavery offences in Divisions 270 and 271 of the Criminal Code, in collaboration with the Australian Federal Police and the Commonwealth Director of Public Prosecutions. This delivered Action Item 19 of the National Action Plan to Combat Modern Slavery 2020–25.

The targeted review examined the effectiveness of Australia’s modern slavery offences against current and future challenges of contemporary and emerging forms of modern slavery. It made 22 findings, 19 of which concerned potential areas for legislative reform.

The Australian Government considered the findings report and is exploring options to address them. 

Key legislative amendments

In 2013, the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 strengthened the existing range of modern slavery offences to ensure the comprehensive criminalisation of all forms of serious exploitation.

The amendments introduced new offences of forced marriage and harbouring a victim, and standalone offences of forced labour and human trafficking for the purpose of organ removal.

On 23 February 2015, the Australian Parliament passed the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015, which amended Division 270 of the Criminal Code to make clear that the slavery offences have universal jurisdiction.

On 27 November 2015, the Australian Parliament passed the Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015, which amended the Criminal Code to strengthen Australia’s legislative response to forced marriage. The Act expanded the definition of forced marriage and increased penalties. Under the amended definition, a person under 16 is presumed to be incapable of understanding the nature and effect of a marriage ceremony.