Terms of Reference – 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 targeted review will consider:

• the number of referrals, investigations and prosecutions under Divisions 270 and 271 of the Criminal Code 
• investigation challenges connected to offences under Divisions 270 and 271 of the Criminal Code 
• prosecution challenges connected to offences under Divisions 270 and 271 of the Criminal Code 
• the types and range of offences in Divisions 270 and 271 of the Criminal Code 
• framing of offences in Divisions 270 and 271 of the Criminal Code including elements of the offences, definitions, scope, extensions of criminal liability (including attempt), and jurisdiction 
• alignment of Divisions 270 and 271 with international laws, standards and best-practice 
• appropriateness of penalties in Divisions 270 and 271 of the Criminal Code 
• applicability of Divisions 270 and 271 to contemporary manifestations of modern slavery and to current and projected criminal methodologies, and 
• interactions between Divisions 270 and 271 and other laws and frameworks where those interactions have impeded, or have the potential to impede, effective investigations and prosecutions under Divisions 270 and 271.

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.