Human trafficking

Australia's National Action Plan to Combat Modern Slavery 2020-25

The National Action Plan to Combat Modern Slavery 2020-25 provides the strategic framework for Australia’s response to modern slavery. The Plan articulates our vision of a future where no one is subjected to modern slavery and the human rights of all people are valued equally.

Criminalising human trafficking

Australia's laws criminalising human trafficking and slavery are contained within Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995 (Criminal Code).

Division 270 of the Criminal Code criminalises slavery, the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The slavery offences have universal jurisdiction, which 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, and deceptive recruiting for labour or services. These offences can apply to the exploitation of a person’s labour or services in any industry, or to exploitation within intimate relationships. Forced marriage is also considered a slavery-like practice under Division 270. A forced marriage is where one or both parties to the marriage do not fully and freely consent 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.

The slavery-like offences in Division 270 have extended geographic jurisdiction, and can apply where the conduct occurred in Australia, or where the conduct occurred outside Australia but the offender was an Australian corporation, citizen or resident. None of the offences in Division 270 require the victim to be moved across or within Australia’s borders.

Division 271 of the Criminal Code contains specific offences for trafficking in persons, fulfilling Australia’s 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. Division 271 includes provisions for trafficking people into, out of, and within Australia, and specific provisions for domestic trafficking, organ trafficking and trafficking in children. Division 271 also includes separate offences for debt bondage and harbouring a victim.

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

Australian law also provides protections for vulnerable witnesses giving evidence in Commonwealth criminal proceedings, including victims of human trafficking and slavery-related offences. The Commonwealth Crimes Act 1914 (Crimes Act) enables trafficked people to give evidence by closed‑circuit television, video-link or video-recording, have their contact with the defendant or members of the public limited, and have a support person with them while they give evidence. The Crimes Act also makes it an offence to publish material identifying a trafficked person, and allows trafficked people 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

The Australian Government is undertaking a targeted review of offences for human trafficking, slavery and slavery-like practices in Divisions 270 and 271 of the Criminal Code.

This initiative recognises that strong criminal justice responses are an important element to combat human trafficking and slavery, by ensuring Australia’s justice frameworks continue to support effective disruption, investigation and prosecution outcomes.

The government will conduct a public consultation process as part of the targeted review. To facilitate consultation, we will publish a discussion paper by the end of 2022, inviting written submissions that respond to the issues it raises.

Read the terms of reference for the targeted review

The targeted review will contribute to implementing Australia’s National Action Plan to Combat Modern Slavery 2020-25.

Legislative amendments

In 2013, the Australian Parliament passed two Acts that enhanced Australia's legislative frameworks around human trafficking and slavery. The Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Slavery Act) and the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (Vulnerable Witness Act) amended the Criminal Code and the Crimes Act.

The Slavery and Vulnerable Witness Acts were developed following broad public consultations. In particular, the Acts sought to address the views of stakeholders following the 2010 discussion papers on The Criminal Justice response to slavery and people trafficking, reparation and vulnerable witness protection discussion paper (206KB PDF) and Forced and servile marriage discussion paper (174KB PDF). Due to the complexity of the amendments required, the response to the 2010 discussion papers was progressed in two stages; the first focused on investigation and prosecution through the Slavery Act, and the second focused on victim support and rehabilitation through the Vulnerable Witness Act.

On 27 February 2013, the Australian Parliament passed the Slavery Act, which amended Divisions 270 and 271 of the Criminal Code to make sure the broadest range of exploitative conduct is criminalised. Among other things, the Act introduced new offences of forced marriage and harbouring a victim and standalone offences of forced labour and organ trafficking into the Criminal Code. The Act also broadened the existing offences of sexual servitude and deceptive recruiting for sexual services so that they now apply to exploitation in any industry.

On 27 June 2013, the Australian Parliament passed the Vulnerable Witness Act, which amended the Crimes Act to provide protections for vulnerable witnesses giving evidence in Commonwealth criminal proceedings, including victims of human trafficking and slavery. Following the passage of the Vulnerable Witness Act, trafficked people can give evidence by closed-circuit television, video-link or video-recording, have their contact with the defendant or members of the public limited, and have a support person with them while they give evidence. The Vulnerable Witness Act also amended the Crimes Act to make it an offence to publish material identifying a trafficked person, and allow trafficked people to make victim impact statements to the court outlining the harm they have experienced.

The amendments made by the Slavery Act and the Vulnerable Witness Act ensure Australia's law enforcement authorities are well-equipped to investigate and prosecute human trafficking and slavery-related offences, and that trafficked people are afforded appropriate support and protection when engaging with the criminal justice system.

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 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 among other things amended the Criminal Code to strengthen Australia’s legislative response to forced marriage. The Act increased the penalties for forced marriage from four years to seven years’ imprisonment for a base offence, and from 7 to 9 years’ imprisonment for an aggravated offence. The increase reflects the seriousness of forced marriage as a slavery-like practice, a form of gender based violence, and an abuse of human rights.

The Act also expanded the definition of forced marriage to include circumstances in which a person does not freely and fully consent to a marriage because he or she is incapable of understanding the nature and effect of a marriage ceremony, for reasons such as age or mental capacity. Under the amended definition, a person under 16 is presumed to be incapable of understanding the nature and effect of a marriage ceremony.

Australia's response

Human trafficking, slavery and slavery-like practices are a global problem. While the global scale of the issue is difficult to measure, the International Organization for Migration has stated that as many as 800,000 people may be trafficked across international borders annually.

An estimated 2.5 million people are in forced labour (including sexual exploitation) at any given time as a result of human trafficking. A large number of countries are reported to be affected by human trafficking by being a source, transit or destination country.

Australia is committed to combating this issue domestically, regionally and internationally.

Internationally

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 is actively engaged in the fight against human trafficking with other countries in our region and beyond.

We participate in international forums such as the United Nations Commission on Crime Prevention and Criminal Justice, the United Nations Human Rights Council's Universal Periodic Review process, the United Nations Committee on the Elimination of Discrimination against Women and the UNTOC Conference of Parties, to better address and prevent trafficking.

Regionally

Australia works collaboratively with other countries to combat human trafficking. For example, Australia and Indonesia co-chair the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime. Australia's aid program also supports a number of aid projects in the Asia region, including the Australia-Asia Program to Combat Trafficking in Persons. More information can be found on the Department of Foreign Affairs and Trade website.

Domestically

Australia's National Action Plan to Combat Human Trafficking and Slavery 2015–19

The National Action Plan to Combat Human Trafficking and Slavery 2015–19 (624KB PDF) provides the strategic framework for Australia's response to human trafficking and slavery. The plan was developed with government and non-government partners, and was launched by the Minister for Justice, the Hon Michael Keenan MP, on 2 December 2014.

Australia's National Action Plan to Combat Modern Slavery 2020-25

To build on Australia’s current framework to combat human trafficking and other forms of modern slavery, we are developing the next 5 year National Action Plan to Combat Modern Slavery 2020-25.  For information about the public consultation process for the development of the new plan see: National Action Plan to Combat Modern Slavery 2020-25.

Interdepartmental Committee on Human Trafficking and Slavery

The Australian Border Force is committed to building strong partnerships within government, and chairs the Interdepartmental Committee on Human Trafficking and Slavery (IDC). The IDC comprises eleven agencies that provide oversight of Australia's response to human trafficking:

The IDC tables reports periodically in the Australian Parliament which details its activities. The following reports contain the Australian Government response for the specified period:

Parliamentary inquiries

Three Parliamentary inquiries have been conducted on modern slavery and human trafficking:

See Government’s responses to these inquiries, tabled in Parliament on 9 October 2020 and 16 September 2021.

Supply Chains Working Group

In 2014, the Minister for Justice, the Hon Michael Keenan MP, announced the formation of the Supply Chains Working Group to examine ways to address serious forms of labour exploitation in the supply chains of goods and services. The working group comprised experts from government, business, industry, civil society, unions and academia. The working group finalised its work programme in December 2015 and reported to the Government in early 2016. Following the working group’s report, the Government announced that it would strengthen its response to human trafficking and slavery, including by:

  • creating a suite of awareness-raising materials for business
  • further considering the feasibility of a model for large businesses in Australia to publicly report on their actions to address supply chain exploitation
  • examining options for an awards program for businesses that take action to address supply chain exploitation
  • exploring the feasibility of a non-regulatory, voluntary code of conduct for high risk industries

Australia's Strategy to Combat Human Trafficking and Slavery—Whole-of-Government Performance Management Reporting

In 2008–09, the Australian National Audit Office (ANAO) undertook an audit of the management of the Australian Government's Action Plan to Eradicate Trafficking in Persons.

The ANAO report recommended that the IDC improve the way that progress was reviewed and how the results of Australia’s efforts were measured. As a result, the Australian Government developed a whole-of-government performance framework, which created a way to make reasonable estimates of the scale of human trafficking, slavery and slavery-like practices in Australia.

The first data report on Australia's Strategy to Combat Human Trafficking and Slavery covers the period from the implementation of the strategy in January 2004 until 30 June 2010. Subsequent reports are issued on a six-monthly basis:

Whole-of-government approach

The Australian Government has a comprehensive, whole-of-government approach to tackling human trafficking, slavery and slavery-like practices. Australia works with other governments and organisations to prevent human trafficking, prosecute the perpetrators, and protect and support trafficked people.

Australia's anti-human trafficking strategy was established in 2003. Since then, the government has provided more than $150 million to support a range of domestic, regional and international anti-trafficking initiatives.

Key measures include:

  • specialist teams within the Australian Federal Police (AFP) to investigate human trafficking and slavery-related matters, and an Australian Policing Strategy to Combat Trafficking in Persons
  • legislation to criminalise human trafficking, slavery and slavery-like practices—including forced labour and forced marriage
  • legislation to protect vulnerable witnesses giving evidence in Commonwealth criminal proceedings, including victims of slavery, slavery-like and human trafficking offences
  • a victim support program which provides individualised case management support
  • visa arrangements to enable suspected victims and witnesses of human trafficking and slavery to remain in Australia and support the investigation and prosecution of offences
  • specialist immigration officers posted in Thailand, China and the Philippines, who focus on human trafficking issues and aim to prevent trafficking in source countries
  • support for the Commonwealth Director of Public Prosecutions to prosecute human trafficking and slavery-related matters, including funding and training
  • regional engagement in the Asia-Pacific on human trafficking issues through the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime
  • regional activities to deter human trafficking and slavery, train law enforcement officials, and assist victims under Australia’s overseas aid program
  • research into national and regional trafficking activities by the Australian Institute of Criminology

These initiatives reflect the four central pillars of Australia's anti-human trafficking strategy:

  • prevention and deterrence
  • detection and investigation
  • prosecution and compliance
  • victim support and protection

Together these measures address the full cycle of trafficking from recruitment to reintegration and give equal weight to the critical areas of prevention, prosecution and victim support.

Australia's response to human trafficking has provided support to people trafficked for sexual exploitation and other forms of exploitative labour. The Australian Government's efforts to combat human trafficking are coordinated through the Interdepartmental Committee on Human Trafficking and Slavery, which is chaired by this department with membership from thirteen agencies.

Non-government organisation

Human trafficking, slavery, and slavery-like practices are complex crimes and government action is only part of the solution. The Australian Government is committed to building strong partnerships with the non-profit sector, and works closely with a range of non-government organisations (NGOs).

NGOs play a vital role in working on the ground, identifying and supporting trafficked people in Australia.

The Annual National Roundtable on Human Trafficking and Slavery was established in June 2008 as a consultative mechanism between the government and NGOs on trafficking issues. Since 2011, the national roundtable has been supported by an operational-level senior officials' meeting.

Parliamentary statements

Resources

The following resources on human trafficking, including guidelines and fact sheets in English and other community languages.

Related links

People smuggling and human trafficking