Leslie Massey
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth). In 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol, and Australia's response to human trafficking has evolved significantly since then. The country has a National Action Plan to Combat Modern Slavery, with a key priority to disrupt, investigate and prosecute perpetrators. Australia is a known destination and source country for victims of trafficking, and it is estimated that between 300 and 1000 people are trafficked to the country each year. The Australian government has increased its efforts to prevent trafficking, leading the government's domestic response and coordinating the implementation of the 2020-2025 NAP.
| Characteristics | Values |
|---|---|
| Human trafficking in Australia | Illegal under Divisions 270 and 271 of the Criminal Code (Cth) |
| Number of victims of trafficking per year | Between 300 and 1000 |
| Australia's ranking by UNODC | One of 21 countries in the high destination category |
| Australia's strategy to combat trafficking | National Action Plan to Combat Modern Slavery 2020-25 |
| Australia's legislative tool to combat trafficking | Modern Slavery Act 2018 (MSA) |
| Visa offered by the Department of Immigration and Border Protection (DIBP) | Referred Stay (Permanent) Visa |
| Victim support program availability | From 1 July 2007 |
| Number of clients supported from 20 May 2004 to 31 January 2008 | 88 |
| Maximum penalty for an offence of forced labour | 12 years' imprisonment for an aggravated offence |
| Maximum penalty for an offence of trafficking in persons reckless as to exploitation | 9 years' imprisonment |
| Number of defendants prosecuted by the government in 2022 | 369 |
| Number of defendants convicted by the government in 2022 | 323 |
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What You'll Learn
- Human trafficking is illegal under Divisions 270 and 271 of the Criminal Code
- The Australian government has increased efforts to prevent trafficking
- The government provides support for victims of human trafficking
- Australia is a known destination country for victims of trafficking
- The maximum penalty for human trafficking offences is 12 years' imprisonment
Human trafficking is illegal under Divisions 270 and 271 of the Criminal Code
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code Act 1995 (Cth). The Australian Federal Police leads a coordinated and connected policing response to disrupt, investigate and prosecute perpetrators of human trafficking and modern slavery.
Division 270 of the Criminal Code criminalises slavery and slavery-like practices, including servitude, forced labour, and deceptive recruiting for labour or services. It also covers situations where individuals are subjected to exploitative practices like slavery, servitude, forced labour, or forced marriage while already in Australia. The division applies whether or not the conduct occurred in Australia and regardless of the citizenship or residency of the victim or offender.
Division 271 of the Criminal Code addresses human trafficking offences, which involve the movement of people domestically or across international borders for the purpose of exploitation. This differs from people smuggling, which does not inherently involve exploitation. Amendments to Divisions 270 and 271 were made in 2013 through the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013, ensuring that a broad range of exploitative conduct is criminalised.
To further combat human trafficking, the Australian government has implemented various initiatives. These include the Support for Trafficking People Program, which assists victims, and the Modern Slavery Act 2018, which requires companies to submit statements addressing modern slavery risks. The National Action Plan to Combat Modern Slavery 2020-2025 provides a strategic framework for Australia's response to modern slavery, with a focus on disrupting, investigating, and prosecuting perpetrators.
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The Australian government has increased efforts to prevent trafficking
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth). In 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in the same year to implement the protocol. Since then, Australia's response to human trafficking has evolved significantly, with the government increasing its efforts to prevent trafficking.
The government has also implemented the Modern Slavery Act, which is a crucial legislative tool to combat and prevent human trafficking and slavery in Australia and overseas. The Act requires companies in Australia with a minimum annual consolidated revenue of $100 million to submit a Modern Slavery Statement to the Federal Government. These statements must address the company's structure, operations, supply chains, and modern slavery risks.
In addition to legislative reforms, the Australian government has also focused on supporting victims of human trafficking and increasing public awareness. The Support for Trafficked People Program provides assistance to victims, and the government has conducted awareness campaigns targeting visa holders, government officials, and the public. The Vulnerable Witness Act, passed in 2013, offers protections for vulnerable witnesses testifying in Commonwealth criminal proceedings, including victims of human trafficking. This Act allows for testimony to be given via closed-circuit television, video link, or video recording, and restricts contact with the defendant or members of the public.
The Australian Federal Police lead a coordinated policing response to disrupt, investigate, and prosecute perpetrators of modern slavery and human trafficking. The National Action Plan to Combat Modern Slavery 2020-2025 provides the strategic framework for Australia's response, with a key priority being to disrupt and prosecute perpetrators. The government has also established MOUs with other governments, such as Tonga, Papua New Guinea, and Timor-Leste, to protect migrant workers and prevent modern slavery in supply chains.
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The government provides support for victims of human trafficking
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth). The Australian government has implemented various initiatives to combat human trafficking and provide support for victims. Here are some key ways in which the government provides support for victims of human trafficking:
Support for Trafficked People Program (STPP)
The STPP is a crucial component of Australia's anti-human trafficking strategy and the National Action Plan to Combat Modern Slavery 2020-2025. Administered by the Department of Social Services and delivered by the Australian Red Cross, the STPP offers assistance to victims and survivors of human trafficking, slavery, and slavery-like practices. This includes forced marriage, labour trafficking, and organ trafficking. Case managers work closely with individuals to meet their safety, security, health, and well-being needs. The program also helps victims develop options for life after leaving the STPP. The STPP has multiple streams, including the Intensive Support Stream, Forced Marriage Support Stream, Temporary Trial Support Stream, Transition Stream, and Post Exit Check-ins.
Visa Support
The Australian government has introduced a Human Trafficking Visa Framework, which includes the Bridging F Visa and the Referred Stay Visa. These visas allow suspected victims of human trafficking who do not hold valid visas to remain in Australia legally and access support services. The Referred Stay Visa may be offered to a trafficked person if they cooperate with investigations and face significant personal danger if returned to their country of origin.
Vulnerable Witness Protections
The Vulnerable Witness Act and the Commonwealth Crimes Act 1914 provide protections for vulnerable witnesses testifying in Commonwealth criminal proceedings, including victims of human trafficking. These acts allow victims to give evidence remotely, limit their contact with defendants and the public, and have a support person present. Additionally, it is an offence to publish material identifying a trafficked person, and victims can make impact statements outlining the harm they have experienced.
Funding and Awareness Initiatives
The Australian government has allocated funding to combat human trafficking, including a $20 million initiative announced in 2003 and funding for four non-governmental organisations in 2008. Additionally, the government has implemented a targeted Communication Awareness Strategy to provide information about trafficking and the help available.
Law Enforcement Response
The Australian Federal Police (AFP) leads a coordinated policing response to disrupt, investigate, and prosecute human trafficking offences. The AFP sponsors individuals into the Support for Victims of People Trafficking Program and refers victims to the STPP. Dedicated AFP teams investigate trafficking operations, and the National Policing Protocol supports anti-trafficking efforts.
These measures demonstrate the Australian government's commitment to supporting victims of human trafficking and its ongoing efforts to combat this issue.
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Australia is a known destination country for victims of trafficking
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth). Australia has ratified the United Nations Convention against Transnational Organized Crime (UNTOC) and its supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Australia has also been placed on Tier 1 by the U.S. Department of State's Office to Monitor and Combat Trafficking in Persons in 2017 and 2023. This indicates that the country has fully met the standards for the elimination of trafficking.
Despite this, Australia is a known destination and source country for victims of trafficking. The exact number of people trafficked to Australia is difficult to determine. Research from the Australian Institute of Criminology suggests that for every victim of human trafficking and slavery detected, there are four undetected. It is estimated that between 300 and 1000 people are trafficked to Australia annually. The majority of victims are Thai women, with smaller numbers from other countries in Asia and Europe.
The Australian government has implemented various measures to combat human trafficking, including the National Action Plan to Combat Modern Slavery 2020-25, which provides a strategic framework for the country's response to modern slavery. The Federal government's Support for Victims of People Trafficking Program provides case management and support to victims. Additionally, the Vulnerable Witness Act allows trafficked people to give evidence remotely and protects their anonymity.
To facilitate the return and reintegration of victims, the Department of Immigration and Border Protection (DIBP) may offer a Referred Stay (Permanent) Visa to trafficked persons who cooperate with investigations and face significant personal danger if they return to their country. This visa allows them to remain in Australia and supports the investigation and prosecution of trafficking offences.
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The maximum penalty for human trafficking offences is 12 years' imprisonment
Human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth), which is also known as the Commonwealth Criminal Code Act 1995. The Australian Parliament passed the Slavery Act on 27 February 2013, which amended these divisions to ensure that a broad range of exploitative conduct is criminalised. The Act introduced new offences, such as forced marriage and harbouring a victim, and expanded existing offences, such as sexual servitude and deceptive recruiting for sexual services, to include exploitation in any industry.
The maximum penalty for human trafficking offences in Australia is 12 years imprisonment. This penalty reflects the severity of human trafficking crimes and the need to deter and punish perpetrators. The Australian Federal Police lead a coordinated policing response to disrupt, investigate and prosecute those involved in human trafficking and modern slavery. They work in collaboration with state and territory police agencies and have dedicated Human Trafficking teams in Brisbane, Sydney and Melbourne.
The Australian government recognises the importance of strong criminal justice responses in combating human trafficking. The National Action Plan to Combat Modern Slavery 2020-25 provides a strategic framework for Australia's efforts to eradicate modern slavery and uphold human rights. This plan includes initiatives such as the Support for Trafficking People Program, which assists victims of forced marriage, and the Vulnerable Witness Act, which protects vulnerable witnesses during criminal proceedings.
In addition to these measures, Australia has also implemented the Modern Slavery Act, which requires companies with a minimum annual consolidated revenue of $100 million to submit a Modern Slavery Statement addressing criteria related to their structure, operations, supply chains, and modern slavery risks. This legislation aims to increase transparency and accountability in the business sector regarding human rights and labour practices.
The maximum penalty of 12 years imprisonment for human trafficking offences in Australia sends a clear message that such crimes will not be tolerated. It demonstrates Australia's commitment to addressing human trafficking and protecting the rights and safety of victims.
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Frequently asked questions
Yes, human trafficking is illegal in Australia under Divisions 270 and 271 of the Criminal Code (Cth).
Human trafficking involves the movement and control of people, either domestically or across international borders, for the purpose of exploitation. This includes forced labour, sexual exploitation, and forced marriage.
Australia has implemented various measures to combat human trafficking, including the National Action Plan to Combat Modern Slavery 2020-2025, the Modern Slavery Act 2018, and the Support for Trafficked People Program. The Australian Federal Police also lead a coordinated policing response to disrupt, investigate, and prosecute perpetrators.
Australia has introduced protections for vulnerable witnesses, including allowing trafficked people to give evidence remotely and restricting their contact with the defendant. The Vulnerable Witness Act also makes it an offence to publish material identifying a trafficked person. Additionally, the Referred Stay (Permanent) Visa may be offered to trafficked persons who cooperate with investigations.
