Data Dashboards

Australia
Measurement
Measuring the Change

 

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Best Target 8.7 Data: Human Trafficking

The data visualization displays the number of human trafficking and slavery referrals to the Australian Federal Police between 2013 to 2017.  Detailed information is provided in the Measurement tab (above).

Data Availability
  • Child labour: No ILO/UNICEF data
  • Human trafficking: Case data available
Context
Human Development

Human Development Index Score: 0.938 (2018)

Mean School Years: 12.7 years (2018)

Labour Indicators

Vulnerable Employment: 10.7% (2018)

Working Poverty Rate: No data

Government Efforts
International Aid Commitments

Total Development Assistance to Anti-Slavery (2000-2013):

204,814,292 USD

Top Recipients:

Far East Asia Regional Programmes, Indonesia, Asia Regional Programmes, Cambodia

Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2006
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Ratified 2005
Social Protection Coverage

General (at least one): 82% (2016)

Unemployed: 52.7% (2014)

Pension: 74% (2014)

Vulnerable: 53% (2016)

Children: 100% (2016)

Disabled: 100% (2016)

Poor: 100% (2016)

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

Although there is no specified legal minimum working age in Australia, the Children and Young People Act outlines the various protections afforded to young workers and the associated conditions and restrictions on their employment. There is no data available on child labour in Australia, most likely due to relatively low incidence.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

Human trafficking and Slavery Referrals to the Australian Federal Police (Source: Interdepartmental Committee on Human Trafficking and Slavery)

According to the Interdepartmental Committee on Human Trafficking and Slavery, Australia is traditionally a destination country for human trafficking and slavery. Historically, a significant proportion of trafficked people identified by Australian authorities have been women from Asia who have been exploited within the sex industry. In recent years, the AFP has identified more diverse groups of victims by gender and country of origin. These victims have often been exploited in a range of industries other than the sex industry, or within intimate and family relationships. To a limited extent, Australia is also a source and destination country for people who are forced to marry.

Between 2004 and 2017, 841 possible cases of human trafficking and slavery were reported to the Australian Federal Police, resulting in 350 victims being referred to the Support for Trafficked People Program and 21 offenders being convicted. Since 2013, Australian Federal Police referrals reveal a substantial downward trend in the number of sexual exploitation cases at the same time as a substantial increase in the number of forced marriage cases, while reported cases of labour exploitation remained stable.

The table on the right shows the number of human trafficking and modern slavery referrals to the Australian Federal Police between 2013 to 2017, disaggregated by type of exploitation.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

 

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Australia between 1990 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in Australia is 0.938. This score indicates that human development is very high.

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Australia over time.

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1991 and 2018, Australia showed a decrease in the proportion of workers in vulnerable employment as compared to those in secure employment.

 

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

 

Rates of Non-fatal Occupational Injuries (Source: ILO)

Occupational injury and fatality data can also be crucial in prevention and response efforts. 

As the ILO explains:

“Data on occupational injuries are essential for planning preventive measures. For instance, workers in occupations and activities of highest risk can be targeted more effectively for inspection visits, development of regulations and procedures, and also for safety campaigns.”

There are serious gaps in existing data coverage, particularly among groups that may be highly vulnerable to labour exploitation. For example, few countries provide information on injuries disaggregated between migrant and non-migrant workers.

 

Rates of Fatal Occupational Injuries (Source: ILO)

Data on occupational health and safety may reveal conditions of exploitation, even if exploitation may lead to under-reporting of workplace injuries and safety breaches. At present, the ILO collects data on occupational injuries, both fatal and non-fatal, disaggregating by sex and migrant status. 

 

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in Australia.

Employment Outcomes for Skilled Migrants (Source: Department of Home Affairs)

According to the Interdepartmental Committee on Human Trafficking and Slavery, Migrant and other foreign workers can be particularly vulnerable to substandard working conditions and more serious forms of exploitation, either by those who facilitate their journey to Australia or by employers once they arrive. This may be because of cultural and language barriers, a lack of knowledge of local workplace laws and standards, and in some cases, their reliance on their employer for their immigration status.

In 2016, the Australian Government established the Migrant Workers’ Taskforce, which brings together a range of Australian Commonwealth agencies to provide expert advice on ways to deliver better protections for migrant workers, including improvements in law, law enforcement and investigation, or other practical measures to identify and rectify cases of migrant worker exploitation.

Australia’s permanent Migration Program has two major streams:

1. Skill stream—focuses on economic migration by facilitating the migration of people who have the skills, proven entrepreneurial capability or outstanding abilities that will contribute to the Australian economy.

2. Family stream—enables family reunion by allowing the migration of family members such as spouses, children, parents and certain other members of extended families.

The graph above shows the employment outcomes of migrants from the skill stream.

 

 

Most Common Industries of Employment for Migrants (Source: Department of Home Affairs)

The graph below shows the most common industries in which migrants (from both streams) in Australia are employed.

Underdevelopment influences and is influenced by Target 8.7 forms of exploitation. This suggests an important role for development assistance and programming in addressing these issues.

Yearly ODA Commitments to Anti-Slavery (Data Source: UNU-CPR)

A recent report released by UNU-CPR attempts to size ODA contributions that focusing on tackling SDG 8.7 forms of exploitation. Australia committed 204,814,292 USD between 2000 and 2013 on anti-slavery programming. Annual commitments fluctuate, though it is important to note that commitments at any point in time may be dispersed over the course of several years. The chart also depicts the percentage of Australia’s GNI contributed to ODA. It should also be noted that this count does not include non-ODA assistance, domestic expenditure, or the growing flows of charitable giving directed at these concerns.

More current data may show a significant increase in spending on this programming, especially after the adoption of the 2030 Agenda for Sustainable Development in 2015 and the Call to Action in 2017.

ODA Commitments by Form of Exploitation (Data Source: UNU-CPR)

Disaggregating ODA commitments by forms of exploitation using terms listed in each project description can provide a sense of the way aid is being spent on the various issues.

The graph shows that ODA commitments to Target 8.7 issues by Australia between 2000 and 2013 were diverse. In 2006, 2010, and 2011 there were large spikes in spending on human trafficking programmes, cumulatively amounting to the largest amount of ODA to an issue. These contributions were likely multi-year commitments, disbursed over several subsequent years. In other years, programming to eradicate forced labour and child soldering also received significant attention. In 2002, there was a large uptick in spending against child labour.

Top ODA Recipients (Data Source: UNU-CPR)

By tracking where aid commitments are focused, it is possible to take stock of priorities.

The visual displays total ODA commitments from Australia between 2000 and 2013, ranging from highest to lowest (cutting off at commitments under 10,000 USD). The countries receiving the most direct, bilateral ODA were Indonesia and Cambodia, with the largest regional aid going to programming in the Far East Asia region. The top recipient of aid addressing Target 8.7 exploitation, Indonesia, received more than double that of the second highest recipient, Cambodia.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
270.6 Definition of forced labour
1. For the purposes of this Division, forced labour is the condition of a person (the victim) who provides labour or services if, because of the use of coercion, threat or deception, a reasonable person in the position of the victim would not consider himself or herself to be free:

a. to cease providing the labour or services; or
b. to leave the place or area where the victim provides the labour or services.

2. Subsection 1 applies whether the coercion, threat or deception is used against the victim or another person.
3. The victim may be in a condition of forced labour whether or not:

a. escape from the condition is practically possible for the victim; or
b. the victim has attempted to escape from the condition.

Child Labour

Children and Young People Act (Government of ACT) 2008
781 When does someone employ a child or young person?
In this chapter:
employment means—

a. performance of work under a contract of service or a contract for services (whether written or unwritten); or
b. an apprenticeship, traineeship or other work-related training for a trade or occupation; or
c. work experience, other than work experience as part of a work experience program exempted under section 784.

In deciding whether something is employment of a child or young person for this chapter, it does not matter whether the child or young person receives payment (however described) or not.
Taking part in an approved program of compliance testing under the
Tobacco and Other Smoking Products Act 1927, part 6A (Tobacco compliance testing) is not employment for this chapter.

782 When is employment contrary to the best interests of a child or young person?
In this chapter, employment is taken to be contrary to the best interests of a child or young person if—

a. for a child or young person under 15 years old who is required to attend a school or participate in an education course under the Education Act 2004—it is likely to prejudice the ability of the child or young person to benefit from the education; or
b. for a child or young person engaged in education or training— it is likely to prejudice the ability of the child or young person to benefit from the education or training; or
c. it is otherwise likely to harm the child’s or young person’s health, safety, personal or social development (including by sexual or financial exploitation).

792 Children and young people employment standards
An employer of a child or young person must comply with the children and young people employment standards in relation to the employment.

Note The Minister may make children and young people standards under s 887.

796 Exception to s 795—employment in light work
Section 795.1. does not apply to the employment of a child or young person if—

a. the employment is in light work; and
b. the child or young person is employed for 10 hours per week or less.

Section 795.1. does not apply to the employment of a child or young person in light work for more than 10 hours per week if—

2.a. the employment is in light work; and
2.b. the proposed employer has, at least 7 days before the day the employment starts, told the director-general in writing about the employment.

Note: If a form is approved under s 886 for this provision, the form must be used.

797 Exception to s 795—employment in family business
Section 795.1. does not apply to the employment of a child or young person if—

a. the employer is—

i. a parent of the child or young person; or
ii. a company of which a parent of the child or young person is a director; or
iii. a partnership of which a parent of the child or young person is a partner; and

b. the employment is light work.

Children and Young Persons (Care and Protection) Act (Government of New South Wales) 1998
Chapter 13 Children’s employment
221 Definitions
1. In this Chapter:
child means:

a. a person under the age of 15 years (except as provided by paragraph b.), or
b. a person under the age of 16 years (in the case of employment as a model).
employment means paid employment or employment under which some other material benefit is provided.

2. Even though a relationship of employment may not otherwise exist, a person is taken, for the purposes of this Chapter, to employ a child if:

a. the regulations declare that persons of the class to which the person belongs are taken to employ children of the class to which the child belongs, or
b. the Children’s Guardian has, by notice in writing served on the person, declared that the person is, for the purposes of this Chapter, taken to employ the child or children of the class to which the child belongs.

222 Endangering children in employment
A person who causes or allows a child to take part in any employment in the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence.
Maximum penalty: 200 penalty units.
Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.

224 Exemptions
1. A person who employs a child is not required to hold an employer’s authority if:

a. the child is employed for the purpose of a fundraising appeal (within the meaning of the Charitable Fundraising Act 1991) by a person lawfully conducting the appeal, or
b. the child is employed for the purpose of an occasional entertainment or exhibition the net proceeds of which are to be applied wholly for a charitable object, or
c. the person is exempt by the regulations from being required to hold an employer’s authority, or
d. the person is exempt by the Children’s Guardian from being required to hold an employer’s authority.

2. A person is exempt by the Children’s Guardian from being required to hold an employer’s authority only if written notice of the exemption has been served on the person setting out the conditions (if any) on which the exemption was granted and only while the person has not contravened any such condition.
3. The Children’s Guardian may revoke an exemption by a written notice of revocation served on the exempted person, but only after:

a. written notice of intention to revoke the exemption has been served on the person setting out the reason for which it is intended to revoke the exemption, and
b. the Children’s Guardian has taken into consideration any representation made to the Children’s Guardian by the person within 28 days after service of the notice of intention.

4. Without limiting the reasons for which an exemption may be revoked, an exemption may be revoked if any condition to which it is subject is contravened.
5. The Children’s Guardian may revoke an exemption:

a. which applies because the employer is lawfully conducting a fundraising appeal, but only with the concurrence of the Minister administering the Charitable Fundraising Act 1991, or
b. granted by the regulations, but only if the regulations allow the Children’s Guardian to revoke the exemption.

Industrial Relations (Child Employment) Act (Government of New South Wales) 2006
3. Definitions
child means any person who is under the age of 18 years.
4.3. The minimum conditions of employment for a child are:

a. the conditions of employment for employees performing similar work to that performed by the child for which provision is made from time to time in the comparable State award, and
b. such other conditions of employment for which the industrial relations legislation makes provision that would have applied to the employment of the child if the employer of the child were bound by the comparable State award.

4. In determining whether or not an affected employer of a child has provided the child with conditions of employment that, on balance, result in a net detriment to the child when compared to the minimum conditions of employment for the child, an industrial court is to take into account the following matters:

a. the no net detriment principles set by the Commission from time to time,
b. any other matter that the court considers relevant.

5. For the avoidance of doubt, nothing in this section requires an affected employer of a child to provide a condition of employment to the child if the employer is already required to provide the same condition by or under another law of the State.

Care and Protection of Children Act (Northern Territory) 2007
Part 3.2
198. Objects of Part
The objects of this Part are:

a. to prevent the exploitation of children in their employment; and
b. to ensure the wellbeing of children who are in employment.

200 Definitions
In this Part:
employ, for a child, means to engage the child to perform work under a contract of employment or any other contract or arrangement (whether written or unwritten and whether for a reward or not).
employer, of a child, means a person who employs the child.

Child Employment Act (Government of Queensland) 2006
4. Purpose of this Act
1. The purpose of this Act is to safeguard children working in Queensland.
2. This is to be achieved by—

a. ensuring that work does not interfere with children’s schooling; and
b. preventing children performing work that may be harmful to their health or safety or physical, mental, moral or social development.

5. Children to whom this Act applies
This Act applies to all children.
Note—
The Acts Interpretation Act 1954, schedule 1 defines child, in this
context, to mean an individual who is under 18.

7. Meaning of school-aged child
A school-aged child is a child who—

a. is under 16 years of age; and
b. is required to be enrolled at a State school or a non-State school under the Education (General Provisions) Act 2006.

Note—A child may not be required to be enrolled at a State school or a non-State school if the Education (General Provisions) Act 2006, chapter 9, part 3, 4 or 5 applies to the child.

8. Meaning of work in relation to a child 1. Work, in relation to a child, means—

a. work under a contract of service; or
b. work under a contract, whether or not the contract is a contract of service, or at piecework rates, to perform work, for labour only or substantially for labour only; or
c. work under a contract to perform work, whether or not the contract is a contract of service, unless the child—

i. is paid to achieve a stated result or outcome; and
ii. has to supply all, or substantially all, of the plant and equipment, or tools of trade, needed to perform the work; and
iii. is, or would be, liable for the cost of fixing a fault with the work performed; or

d. work under a contract, whether or not the contract is a contract of service, to perform work, unless a personal services business determination is in effect for the child under the Income Tax Assessment Act 1997 (Cwlth), section 87-60; or
e. work that includes the supervision of other workers, whether or not the child is known as a supervisor, leading hand or other title; or
f. participating or assisting in any business carried on for profit, whether or not the child receives payment or other reward for the child’s participation or assistance; or
g. unpaid or voluntary work.

2. Work does not include the following—

a. domestic chores;
b. collections work;
c. work that is part of—

i. work experience; or
ii. an apprenticeship; or
iii. a traineeship.

3. However, for sections 8A to 8C, work, in relation to a child, includes work that is part of work experience, an apprenticeship or a traineeship.
4. Also, for parts 2A and 2B, work, in relation to a child, includes employment that is part of an apprenticeship or a traineeship.

10. Authority needed before school-aged or young children can work
1. An employer must not require or permit a school-aged or young child to perform work unless the employer has—

a. a parent’s consent form for the school-aged or young child; or
b. if the child is a school-aged child and does not have a parent’s consent form—a special circumstances certificate authorising the school-aged child to perform work when the school-aged child is not required to attend school.

11. School-aged children must not work during school hours
1. An employer must not require or permit a school-aged child to perform work when the school-aged child is required to attend school—

a. as stated in the parent’s consent form; or
b. if the school-aged child does not have a parent’s consent form and is authorised to work under a special circumstances certificate when the school-aged child is not required to attend school—as stated in the special circumstances certificate.

2. A parent of a school-aged child who is performing work must, within 14 days after becoming aware of a change in the hours when the school-aged child is required to attend school, if the parent consents to the school-aged child continuing in the employment—

a. complete a parent’s consent form; and
b. give the parent’s consent form to the school-aged child’s employer.

Note—
A failure to comply with subsection 2. is not an offence against this Act. However, the Education (General Provisions) Act 2006, section 230, creates offences for parents, as defined under that Act, who permit a school-aged child to be employed when the child is required to attend school.

3. Subsections 1. and 2. do not apply if the employer is a parent of the school-aged child.
4. It is enough for subsection 2. if 1 parent of the school-aged child who consents to the school-aged child continuing in the employment completes a parent’s consent form and gives it to the school-aged child’s employer.

15B Employer to ensure child is not disadvantaged in relation to employment conditions
1. An employer of a child to whose employment this part applies (an affected employer) must ensure that the agreement or arrangement under which the child is employed does not disadvantage the child in relation to the child’s employment conditions.
2. An agreement or arrangement disadvantages a child in relation to the child’s employment conditions only if the agreement or arrangement reduces the child’s employment entitlements or protections.
3. In this section—
employment entitlements or protections, in relation to a child’s employment conditions, means the entitlements or protections that cover an employee performing similar work to that performed by the child under—

a. a State award or order is in force that covers employees who perform similar work to that performed by the child but are not employed by a constitutional corporation; or
b. entitlements or protections under the Industrial Relations Act 2016, chapter 2, part 3 and the provisions continued under section 1019 of that Act cover employees who perform similar work to that performed by the child but are not employed by a constitutional corporation.

Education (Compulsory Education Age) Amendment Act (Government of South Australia) 2007
5-Interpretation
child of compulsory education age means a person who is 16 years of age;
child of compulsory school age means a child of or above the age of 6 years but under the age of 16 years;
75—Compulsory enrolment of children
1. Subject to this Part, a child of compulsory school age must be enrolled at a primary school or secondary school (according to the educational attainments of the child).
2. Subject to this Part, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, so as to constitute full-time participation in approved learning programs under this Act.
(2a) Nothing in this section requires a child who—

a. is 16 or more years of age; and
b. has achieved a qualification under an approved learning program,
to be enrolled in a school or in an approved learning program under this section.

3. Where in the opinion of the Director-General it is in the best interests of a child that he be enrolled at a special school, the Director-General may direct that the child be enrolled at a special school nominated in the direction and, where such direction has been given, the child must be enrolled at that special school.
4. A child is enrolled at a school in accordance with this section if he is entitled, in accordance with the regulations, to be enrolled at a Correspondence School and is so enrolled.
5. If a child of compulsory school age is not enrolled as required by this section, each parent of the child is guilty of an offence.
Maximum penalty: $500.

78—Employment of children of compulsory school age or compulsory education age
1. Subject to this Part, a person must not employ a child of compulsory school age or compulsory education age—

a. during the hours at which the child is required to attend school or to participate in an approved learning program (as the case requires); or
b. in any labour or occupation that renders, or is likely to render, the child unfit to attend school or participate in an approved learning program as required by this Part or to obtain the proper benefit from such attendance or participation.

Maximum penalty: $5 000.
2. It is a defence to a charge of an offence against this section if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

Education Act (Government of Tasmania) 2016
247. Employment of children
1. In this section –
prescribed child means a school-aged child who is not exempted under section 13 from the requirement to be enrolled at a school;
prescribed youth means a youth who is required under section 24 to participate in an approved learning program or be home educated.
2. Except as authorised by the Secretary, a person must not employ Next Hit , or permit to be employed, a prescribed child during the hours when the child is required to –

a. attend a school; or
b. undertake home education; or
c. participate in an individual education program.
Penalty: Fine not exceeding 100 penalty units.

3. Except as authorised by the Secretary, a person must not employ , or permit to be employed, a prescribed youth during the hours when the youth is required to –

a. participate in his or her approved learning program; or
b. undertake home education.
Penalty: Fine not exceeding 100 penalty units.

4. Subsection 3. does not apply if the person employing the prescribed youth is a provider under the youth’s approved learning program and employs the youth in accordance with that program.
5. It is a defence to an offence against subsection 2. or 3. if the defendant proves that he or she had a reasonable belief that the prescribed child or prescribed youth was not –

a. a school-aged child or youth; or
b. a prescribed child or prescribed youth.

Child Employment Act (Government of Victoria) 2003
3. Definitions
child means a person under 15 years of age
4. What is employment?
1. For the purposes of this Act, a child is engaged in employment if the child performs work—

a. under a contract of service or a contract for services (whether written or unwritten); or
b. in a business, trade or occupation carried on for profit under any other arrangement whether or not the child receives payment or other reward for performing that work.

2. In determining whether a child is performing work under an arrangement referred to in subsection 1.b., the factors that may be taken into account include—

a. whether the parties intend that the work would constitute employment;
b. whether the work would commonly attract payment;
c. whether the primary purpose of the child’s work is for another person to derive a profit;
d. whether the child is subject to the direction of any person who will derive a profit from the child’s work.

3. Employment does not include—

a. participating in a church or religious service or program;
b. participating in a project or entertainment the net proceeds of which are applied for the benefit of a church or other religious body or institution established for public worship;
c. participating in a project or entertainment for the benefit or as part of the activities of the school at which the child is enrolled if the child is under the direction or control of the school;
d. participating in an apprenticeship, a traineeship or practical training under the Education and Training Reform Act 2006;
e. undertaking domestic or tutoring activities on an occasional or casual basis at residential premises if no person other than the child will seek or obtain a financial benefit for that employment or engagement;
f. appearing in or being interviewed in a recording—

i. of a news or current affairs item if the child is the subject of the news or current affairs item and the child is not presenting the item and does not appear in the item in a scripted or rehearsed way; or
ii. if the child is in a public place and is providing a spontaneous reply or opinion in response to a question;

g. door-to-door fundraising for a non-profit organisation if the child is directly engaged by that organisation;
h. performing work in relation to a sporting activity (including coaching, refereeing or umpiring) except in relation to martial arts, horse riding, gym instruction and any other sporting activity with a high risk of injury that is prescribed by the regulations;
i. any other activity or arrangement prescribed by the regulations not to be employment.

4. For the purposes of this Act, a person is taken to employ a child and to be an employer of the child if the child is engaged in employment and—

a. the person engages the child under a contract of service or a contract for services (whether written or unwritten) or other arrangement; or
b. the work of the child is for the benefit of that person, whether or not it is also performed for the benefit of another person.

5. Despite the exclusion of certain sporting activities from employment by subsection 3.h., performing work in relation to martial arts, horse riding, gym instruction and any other sporting activity with a high risk of injury to a child that is prescribed by the regulations is to be taken to be employment under this Act.
6. Despite subsection 4, a person is not to be taken to employ a child or to be an employer of a child if that person is in a class of persons prescribed by the regulations not to be an employer for the purposes of this Act.

Division 1—When may children be employed?
8 When may a child be employed?
A child may be employed—

a. in accordance with a permit and with the prior written consent of the parent or guardian of the child; or
b. in a family business, in accordance with Division 4.
Note: A child may also be employed in accordance with a work experience arrangement under Part 5.4 of the Education and Training Reform Act 2006—see section 5.4.11 of that Act.

10 Minimum age for employment
1. Subject to subsection 2., the minimum age for the employment of a child is—

a. 11 years of age for any of the following employment—

i. delivering newspapers;
ii. delivering pamphlets or other advertising material;
iii. making deliveries for a registered pharmacist; and

b. 13 years of age for any other employment.

2. There is no minimum age for the employment of a child in a family business or in entertainment.
3. A person must not employ a child who is below the minimum age for employment.

Children and Community Services Act 2004 amend. Children and Community Services Amendment bill (Government of Western Australia) 2010
188. Terms used
employ, in relation to a child, means to engage the child to carry out work —

a. whether or not the child receives payment or other reward for the work; and
b. whether or not the child is engaged under a contract of service, a contract for services or any other arrangement; family business, in relation to a child, means a business, trade or occupation carried on by a parent or other relative of the child;

190. Prohibition on employment of child under 15
1. A person must not employ a child under 15 years of age in a business, trade or occupation carried on for profit.
Penalty: a fine of $24 000.
2. It is a defence to a charge under subsection 1. for a person to prove that the person believed on reasonable grounds, at the time the offence is alleged to have been committed, that the child had reached 15 years of age.
3. A parent of a child under 15 years of age must not permit the child to be employed in a business, trade or occupation carried on for profit.
Penalty: a fine of $24 000.
191. Exceptions to section 190
1. Section 1901. and 3. do not apply if the child is employed in a family business.
2. Section 1901. and 3. do not apply if the child is employed in a dramatic or musical performance or other form of entertainment or in the making of an advertisement.
3. Section 1901. and 3. do not apply in relation to a child who has reached 10 years of age but is under 13 years of age if —

a. the child is employed to carry out delivery work between 6 a.m. and 7 p.m.; and
b. while carrying out the delivery work, the child is accompanied by —

i. a parent of the child; or
ii. an adult authorised in writing by a parent of the child to accompany the child.

4. Section 1901. and 3. do not apply in relation to a child who has reached 13 years of age if the child is employed to carry out —

a. delivery work;
b. work in a shop, other retail outlet or restaurant; or
c. any other work of a kind prescribed for the purposes of this subsection, between 6 a.m. and 10 p.m. with the written permission of a parent of the child.

5. Section 1901. and 3. do not apply if —

a. the child is exempted under the School Education Act 1999 section 111. and the conditions (if any) of the exemption are being complied with; or
b. the employment of the child is included in the educational programme (as defined in the School Education Act 1999 section 4) applicable to the child and is consistent with the terms and conditions of the programme.

Worst Forms of Child Labour

Children and Young People Act (Government of ACT) 2008
798 Declaration of high risk employment
1. The Minister may declare employment in an industry, occupation or activity to be high risk employment if satisfied that it is likely to harm a child’s or young person’s health, safety, personal or social development (including by sexual or financial exploitation).

799 High risk employment—employer may apply for permit
1. An employer may apply for a permit to employ a child or young person who is under 15 years old in high risk employment (a high risk employment permit).
2. The application must—

a. be made in writing to the director-general;
b. and include complete details of—

i. the activities that the child or young person will be expected to perform during the proposed employment; and
ii. the period of proposed employment; and
iii. how the employer proposes to protect the young person’s health, safety, personal or social development during the employment; and

c. be accompanied by written consent to the proposed employment of a person with daily care responsibility for the young person.

Children and Young People (High Risk Employment) Declaration (Government of ACT) 2009
3 Declaration
Under section 798 of the Children and Young People Act 2008, I declare employment in an industry, occupation or activity that involves any of the following to be high risk employment:

a. use of dangerous machinery;
b. use of dangerous substances (as defined in the Dangerous Substances Act 2004);
c. handling harsh or toxic chemicals;
d. high elevation work;
e. service of alcohol;
for) gaming or gambling service;
g. nudity and display of genitals;
h. working with extreme temperatures;
i. heavy construction and excavation work.

Child Employment Act (Government of Queensland) 2006
8A-Prohibition on nudity and sexually provocative clothing
1. An employer must not require or permit a child to work—

a. while the child is nude; or
b. while the child is clothed or covered in another way so—

i. the child’s sexual organs or anus are visible; or
ii. if the child is a female who is at least 5 years—her breasts are visible.

2. Subsection 1. does not apply to work in the entertainment industry if—

a. the child is under 12 months; and
b. a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant—

i. the child working while the child is nude;
ii. the child working while the child is clothed or covered in another way so the child’s sexual organs or anus are visible; and

c. a parent of the child is present while the child is working in either of the ways mentioned in subsection 1.

3. However, a consent for subsection 2.b.ii. need not cover all matters mentioned in the provision so long as all matters in the provision relevant to the work the child is to do are covered.

8B-Prohibition on work as social escort
1. An employer must not require or permit a child to work as a social escort.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
2. In this section— social escort see the Prostitution Act 1999, schedule 4.
8C-Prohibition on inappropriate roles and situations

1. An employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity.
Note— This provision is an executive liability provision—see section 33.
Without limiting subsection 1., the child may not—

a. be exposed to scenes or situations that are likely to distress or embarrass the child; or
b. be made distressed to obtain a more realistic depiction of a particular emotional reaction; or
c. perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or
d. be present while another person is—

i. nude; or
ii. clothed or covered in another way so—

a. the person’s sexual organs or anus are visible; or
b. if the person is a female who is at least 5 years—her breasts are visible.

3. Subsection 2.d. does not apply if—

a. the child is under 12 months; and
b. a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant—

i. the child being present while the other person is nude;
ii. the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible;
iii. the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and

c. a parent of the child is present while the child is present and the other person is as mentioned in subsection 2.d.i. or ii..

4. However, a consent under subsection 3.b.ii. or iii. need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered.
Other restrictions on work performed by children
1. An employer must not require or permit a child to do work prescribed under a regulation, unless—

a. the child is at least the age prescribed under the regulation to do the work; or
b. it is work the child is permitted to do under the regulation.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.

2. An employer must not require or permit a child to work in a way a regulation states the child may not work.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
3. An employer must not require or permit a child to work when a regulation states the child may not work.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
4. An employer must not require or permit a child to work unless appropriately supervised by an adult.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
5. An employer does not commit an offence against subsection 1., 2., 3. or 4. if the child is permitted or authorised under an Act or a special circumstances certificate to do the work, or to work in the way, or when, a regulation states the child may not work.
6. Also, an employer does not commit an offence against subsection 4. if, for a child or work prescribed under a regulation, the employer supervises the child in the way prescribed under the regulation for the work.
Note— See the Education (General Provisions) Act 2006, section 230, for other provisions restricting a school-aged child’s ability to work.

Education (Compulsory Education Age) Amendment Act (Government of South Australia) 2007
223 Certain employers of children to be authorised
1. A person (other than the holder of an employer’s authority) must not employ a child:

a. to take part in an entertainment or exhibition, or
b. to take part in a performance which is recorded for use in a subsequent entertainment or exhibition, or
c. to offer anything for sale from door-to-door, or
d. to do anything else that is prescribed for the purposes of this section by the regulations.

2. The holder of an employer’s authority must not employ a child in contravention of the conditions of the authority.
3. A person must not cause or procure a child to be employed knowing that the child will be employed in contravention of this section.
4. A person having the care of a child must not consent to or otherwise allow the child to be employed knowing that the child will be employed in contravention of this section.
Maximum penalty: 100 penalty units.

Child Employment Act (Government of Victoria) 2003
12 Prohibited employment
1. A person must not employ a child in any of the following kinds of employment—

a. door-to-door selling;
b. employment on a fishing boat, other than a boat operating on inland waters;
c. employment on a building or construction site (whether commercial or residential) at any time before the buildings on the site are at lock-up stage;
d. any kind of employment declared under subsection 2. to be prohibited employment for the purposes of this subsection.

Children and Community Services Act 2004 amend. Children and Community Services Amendment bill (Government of Western Australia) 2010
192. Prohibition on employment of child to perform in indecent manner
1. A person who employs a child to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.
2. A parent of a child who permits the child to be employed to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.
3. For the purposes of this section but without limiting its application —

a. a child is employed to perform in an indecent, obscene or pornographic manner if, in the course of the child’s employment, the child —

i. is engaged in an activity of a sexual nature;
ii. is in the presence of another person who is engaged in an activity of a sexual nature; or
iii. is required to pose or move in a manner calculated to give prominence to sexual organs, the anus or, in the case of a female, her breasts; and

b. a child’s performance is in the course of participating in an entertainment or exhibition if the performance —

i. consists in whole or in part of modelling or posing of any kind;
ii. is only for the person employing the child or for some other particular person or a class of people;
iii. is communicated in any way to an audience of one or more people;
iv. is recorded in any way for later visual or audible presentation to an audience of one or more people; or
v. can be viewed on the Internet or in any other way.

4. Without limiting the definition of employ in section 188, if a child participates in an entertainment or exhibition carried on for profit or in the making of an advertisement for commercial purposes, then for the purposes of this section the person who carries on the entertainment or exhibition or makes the advertisement employs the child.
203. Obligation of employers and parents
5. A parent of a child must not permit or require the child to perform any work that is harmful or likely to be harmful to the child’s physical, mental, or emotional well being.
Maximum penalty: 100 penalty units or imprisonment for 12 months
6. A parent of a child must not permit or require the child to perform any work that involves the exploitation of the child.
Maximum penalty: 800 penalty units or imprisonment for 4 years.

Trafficking in Persons

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
Division 271-Trafficking in persons and debt bondage
271.1A Definition of exploitation
For the purposes of this Division, exploitation, of one person (the victim) by another person, occurs if the other person’s conduct causes the victim to enter into any of the following conditions:

a. slavery, or a condition similar to slavery;
b. servitude;
c. forced labour;
d. forced marriage;
e. debt bondage.

Note: Division 270 (slavery and slavery-like offences) deals with slavery, servitude, forced labour and forced marriage. Subdivision C of this Division deals with debt bondage.

Slavery

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
Subdivision B—Slavery
270.1 Definition of slavery
For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.

270.3.3. In this section:
commercial transaction involving a slave includes a commercial transaction by which a person is reduced to slavery.
slave trading includes:

a. the capture, transport or disposal of a person with the
intention of reducing the person to slavery; or
b. the purchase or sale of a slave.

Modern Slavery Act, 2018
4 Definitions
In this Act:

modern slavery means conduct which would constitute:

a. an offence under Division 270 or 271 of the Criminal Code; or
b. an offence under either of those Divisions if the conduct took place in Australia; or
c. trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 ([2005] ATS 27); or
d. the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 ([2007] ATS 38).

Servitude

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
Subdivision C—Slavery-like Conditions
270.4 Definition of servitude

1. For the purposes of this Division, servitude is the condition of a person (the victim) who provides labour or services, if, because of the use of coercion, threat or deception:

a. a reasonable person in the position of the victim would not consider himself or herself to be free:

i. to cease providing the labour or services; or
ii. to leave the place or area where the victim provides the labour or services; and

b. the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of the labour or services.

2. Subsection 1. applies whether the coercion, threat or deception is used against the victim or another person.
3. The victim may be in a condition of servitude whether or not:

a. escape from the condition is practically possible for the victim; or
b. the victim has attempted to escape from the condition.

Debt Bondage

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
Dictionary
debt bondage means the status or condition that arises from a pledge by a person:

a. of his or her personal services; or
b. of the personal services of another person under his or her control;
as security for a debt owed, or claimed to be owed, (including any debt incurred, or claimed to be incurred, after the pledge is given), by that person if:
ba. the debt owed or claimed to be owed is manifestly excessive; or
c. the reasonable value of those services is not applied toward the liquidation of the debt or purported debt; or
d. the length and nature of those services are not respectively limited and defined.

International Commitments
National Strategies

National Action Plan to Combat Human Trafficking and Slavery 2015-19
“The following issues have been identified as key areas for focus over the life of the National Action Plan:
• continuing monitoring of the impact of the 2013 legislative amendments to the Commonwealth Criminal Code Act 1995 (the Criminal Code) including on investigations and prosecutions and victim support
• increasing awareness-raising and education for vulnerable groups, frontline responders and the general community
• refining our response to forced marriage, including our service response to people in, or at risk of forced marriage
• considering our response to labour exploitation in supply chains
• finalising operational protocols for our response to minors
• strengthening our connectedness with the States and Territories, and
• continuing our leadership internationally, and enhancing regional cooperation to combat human trafficking and slavery, including through the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime.”

Australia’s International Strategy to Combat Human Trafficking and Slavery

Australia’s National Human Rights Action Plan 2012

International Ratifications

ILO Forced Labour Convention, C029, Ratified 1932

ILO Abolition of Forced Labour Convention, C105, Ratified 1960

ILO Worst Forms of Child Labour Convention, C182, Ratified 2006

Slavery Convention 1926 and amended by the Protocol of 1953, Definitive Signature 1953

UN Supplementary Convention on the Abolition of Slavery, Ratified 1958

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Ratified 2005

UN Convention on the Rights of the Child, Ratified 1990

UN Optional Protocol to the Convention on the Rights of the Child: Involvement of Children in Armed Conflict, Ratified 2006

UN Optional Protocol to the Convention on the Rights of the Child: Sale of Children, Child Prostitution and Child Pornography, Ratified 2007

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victims Support

Policies for Assistance

Policies for Assistance

Crimes Act, 1914
Part IAD—Protecting vulnerable persons

Victims of Crime Act (Government of ACT) 1994
3B. Object of Act
The object of this Act is to—

a. acknowledge, protect and promote the interests of victims in the administration of justice; and
b. establish appropriate ways for the treatment of victims by agencies involved in the administration of justice; and
c. help victims deal with the effects of criminal offences.

4. Governing principles
In the administration of justice, the following principles are to, as far as practicable and appropriate, govern the treatment of victims:

a. a victim should be dealt with at all times in a sympathetic, constructive and reassuring way and with appropriate regard to his or her personal situation, rights and dignity;
b. a victim should be told at reasonable intervals (generally not more than 1 month) of the progress of police investigations about the relevant offence, except if the disclosure might jeopardise the investigation, and, in that case, the victim should be told accordingly;
c. a victim should be told about the charges laid against the accused and of any modification of the charges;
d. a victim should be told about any decision concerning the accused to accept a plea of guilty to a lesser charge or a guilty plea in return for a recommendation of leniency in sentencing;
e. a victim should be told about any decision not to proceed with a charge against the accused;
f. if any victim’s property is held by the Territory for the purposes of investigation or evidence—inconvenience to the victim should be minimised and the property returned promptly;
g. a victim should be told about the trial process and of the rights and responsibilities of witnesses;
h. a victim should be protected from unnecessary contact with the accused and defence witnesses during the course of the trial;
i. a victim’s home address should be withheld unless the court directs otherwise;
j. a victim should not have to appear at preliminary hearings or committal proceedings unless the court directs the victim to appear;
k. a victim should be given an explanation of the outcome of criminal proceedings and of any sentence and its implications;
l. a victim who is known to have expressed concern about the need for protection from an offender should be told about the offender’s impending release from custody.

6. Who is a victim?
1. In this Act:
victim means a person who suffers harm because of an offence and includes—

a. a person (the primary victim) who suffers harm—

i. in the course of, or as a result of, the commission of an offence; or
ii. as a result of witnessing an offence; and

b. a family member, of the primary victim, who suffers harm because of the harm to the primary victim; and
c. a person who is financially or psychologically dependent on the primary victim and who suffers harm because of the harm to the primary victim; and
d. the following people under the Victims of Crime (Financial Assistance) Act 2016:

i. a primary victim;
ii. a related victim;
iii. a homicide witness; and

e. if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person.

2. However, a victim does not include a person who suffers harm because of an offence he or she committed or is alleged to have committed.

19 Victims services scheme—establishment
1. A victims services scheme must be established in accordance with the regulations.
2. Regulations made for this section may provide for the following matters:

a. conditions for eligibility for the scheme;
b. different levels of services for different categories of victim, or for victims in different circumstances;
c. the exercise of functions in relation to the scheme by the commissioner (other than functions inconsistent with the commissioner’s other functions under this Act);
d. the nomination of a person or body as the annual reporting authority for the scheme;
e. any other matters necessary or convenient for the establishment or operation of the scheme.

Victims services scheme—eligibility
All victims are eligible for assistance under the victims services scheme, subject to regulations made for section 19.

24. Imposition of victims services levy
1. A levy (a victims services levy) is imposed to provide a source of revenue to improve services for victims of crime.
2. An adult who is convicted of an offence and ordered by a court to pay a fine in relation to the offence is liable to pay the Territory a victims services levy of $60.
Note The victims services levy is recoverable under the Crimes (Sentence Administration) Act 2005, ch 6A (Court imposed fines).
3. The victims services levy is in addition to, and does not form part of, the fine.

Victims Rights and Support Act (Government of New South Wales) 2013
6 Charter of rights of victims of crime
The following comprises the Charter of rights of victims of crime:
6.1 Courtesy, compassion and respect
A victim will be treated with courtesy, compassion, cultural sensitivity and respect for the victim’s rights and dignity.
6.2 Information about services and remedies
A victim will be informed at the earliest practical opportunity, by relevant agencies and officials, of the services and remedies available to the victim.
6.3 Access to services
A victim will have access where necessary to available welfare, health, counselling and legal assistance responsive to the victim’s needs.
6.4 Information about investigation of the crime
A victim will, on request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation. In that case, the victim will be informed accordingly.
6.5 Information about prosecution of accused
1. A victim will be informed in a timely manner of the following:

a. the charges laid against the accused or the reasons for not laying charges,
b. any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision to accept a plea of guilty by the accused to a less serious charge in return for a full discharge with respect to the other charges,
c. the date and place of hearing of any charge laid against the accused,
d. the outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.

2. A victim will be consulted before a decision referred to in paragraph b. above is taken if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm or psychological or psychiatric harm to the victim, unless:

a. the victim has indicated that he or she does not wish to be so consulted, or
b. the whereabouts of the victim cannot be ascertained after reasonable inquiry.

6.6 Information about trial process and role as witness
A victim who is a witness in the trial for the crime will be informed about the trial process and the role of the victim as a witness in the prosecution of the accused.
6.7 Protection from contact with accused
A victim will be protected from unnecessary contact with the accused and defence witnesses during the course of court proceedings.
6.8 Protection of identity of victim
A victim’s residential address and telephone number will not be disclosed unless a court otherwise directs.
6.9 Attendance at preliminary hearings
A victim will be relieved from appearing at preliminary hearings or committal hearings unless the court otherwise directs.
6.10 Return of property of victim held by State
If any property of a victim is held by the State for the purpose of investigation or evidence, the inconvenience to the victim will be minimised and the property returned promptly.
6.11 Protection from accused
A victim’s need or perceived need for protection will be put before a bail authority by the prosecutor in any bail application by the accused.
6.12 Information about special bail conditions
A victim will be informed about any special bail conditions imposed on the accused that are designed to protect the victim or the victim’s family.
6.13 Information about outcome of bail application
A victim will be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.
6.14 Victim impact statement
A relevant victim will have access to information and assistance for the preparation of any victim impact statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.
6.15 Information about impending release, escape or eligibility for absence from custody
A victim will, on request, be kept informed of the offender’s impending release or escape from custody, or of any change in security classification that results in the offender being eligible for unescorted absence from custody.
6.16 Submissions on parole and eligibility for absence from custody of serious offenders
A victim will, on request, be provided with the opportunity to make submissions concerning the granting of parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.
6.17 Financial assistance for victims of personal violence
A victim of a crime involving sexual or other serious personal violence is entitled to make a claim under the Victims Support Scheme.
6.18 Information about complaint procedure where Charter is breached
A victim may make a complaint about a breach of the Charter and will, on request, be provided with information on the procedure for making such a complaint.

Victims of Crime Assistance Act (Government of Northern Territory) 2017

Victims of Crime Assistance Act (Government of Queensland) 2009
37 Eligibility for assistance
A primary victim of an act of violence is eligible for assistance.

38 Amount of Assistance
1. A primary victim of an act of violence may be granted assistance of up to $75,000.
2. Also, in addition to the assistance mentioned in subsection 1., the primary victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act.

39 Composition of assistance
The assistance granted under section 381. to a primary victim of an act of violence may consist of 1 or more of the following components—

a. reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;
b. reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;
c. reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;
d. reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73);
e. loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of the act of violence, during a period of up to 2 years after the act of violence;
f. expenses incurred by the victim for loss of or damage to clothing the victim was wearing when the act of violence happened;
g. if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence;
Examples of other reasonable expenses—
• relocation expenses
• costs of securing the victim’s place of residence or business
h. special assistance in relation to the act of violence.

81 No grant if act of violence not reported
1. The government assessor can not grant assistance in relation to an act of violence if—

a. the act of violence has not been reported to—

i. a police officer; or
ii. for an act of violence against a special primary victim—a police officer, the victim’s counsellor, psychologist or doctor, or a domestic violence service; and

b. the government assessor is reasonably satisfied there is no reasonable excuse for the report not being made.

2. In this section—
domestic violence service means an entity that provides services to persons who fear or experience domestic violence.
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.
special primary victim means—

a. a primary victim of an act of violence—

i. involving a sexual offence; or
ii. committed by a person who was in a position of power, influence or trust in relation to the primary victim when the act was committed; or
[Examples of persons who may be in a position of power, influence or trust in relation to a person—a person’s parent, spouse or carer]
iii. involving domestic violence; or

b. a primary victim of an act of violence who—

i. was a child when the act was committed; or
ii. has an impaired capacity, whether or not it existed when the act was committed; or

c. a primary victim of an act of violence who is being threatened or intimidated by the person who committed the act, or by someone else

6 Meaning of crime for chapter
1. In this chapter and schedule 1AA, crime means an act or
omission constituting any of the following offences—

a. an offence against the person of someone;
b. a domestic violence offence within the meaning of the Criminal Code, section 1;
c. an offence against the Domestic and Family Violence Protection Act 2012, section 1772., 1782. or 1792.;
d. an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph a., b. or c..

2. For deciding whether an act or omission constitutes an offence mentioned in subsection 1.a., b., c. or d.—

a. any justification, excuse or defence a person may have for doing the act or making the omission is to be disregarded; and
b. it does not matter whether the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission.

3. A reference to a justification, excuse or defence in subsection 2.a. does not include—

a. a matter mentioned in the Criminal Code, section 311.a. or b.; or
b. an authorisation to do an act or make an omission that is provided for under an Act.

Victims of Crime Act (Government of South Australia) 2001
Divisions 2-Declaration of principles governing treatment of victims
6. Fair and dignified treatment
7. Right to have perceived need for protection taken into account in bail proceedings
8. Right to information
9. Victim to be advised on role as witness
9A. Victim of serious offence entitled to be consulted in relation to certain decisions
9B. Victim’s entitlement to be present in court
10. Victim entitled to have impact of offence considered by sentencing court and to make submissions on parole
10A. Victim may request consideration of appeal
11. Victim to be informed about access to health and welfare services
12. Rights in relation to compensation and restitution
13. Return of property
14. Protection of privacy

Part 4-Compensation
17—Eligibility to make claim
1. A person is eligible to claim statutory compensation for injury caused by an offence if—

a. the person is an immediate victim of the offence; and
b. at least one of the following conditions is satisfied:

i. the offence involved the use of violence or a threat of violence against the person or a member of the person’s immediate family;
ii. the offence created a reasonable apprehension of imminent harm to the person or a member of the person’s immediate family;
iii. the offence is a sexual offence;
iv. the offence caused death or physical injury.

2. A person is eligible to claim statutory compensation for grief suffered in consequence of the commission of a homicide if the person is—

a. a spouse or domestic partner of the deceased victim; or
(ab) a child of the deceased victim (if the child was under the age of 18 at the time of the offence); or
b. where the deceased victim was a child—a parent of the deceased victim.

3. A person is eligible to claim statutory compensation for financial loss suffered by the dependants of a deceased victim if—

a. the victim died as a result of the injury caused by the offence; and
b. no previous order for statutory compensation has been made in respect of the injury; and
c. the person is, in the opinion of the court, a suitable person to represent the interests of the dependants.

4. A person is eligible to claim statutory compensation for funeral expenses if—

a. a victim dies in consequence of the offence; and
b. the person has paid, or is responsible for payment of, the victim’s funeral expenses.

5. However—

a. a person is not entitled to statutory compensation if the injury arises from a breach of statutory duty by the person’s employer that occurs in the course of the person’s employment; and
b. a person is not entitled to statutory compensation if the person has received, or is entitled to receive, a payment or damages in respect of death or non-economic loss for the same harm under the Return to Work Act 2014; and
c. a person is not entitled to statutory compensation if the injury is caused by, or arises out of the use of, a motor vehicle in circumstances in which the injury falls within the ambit of a compulsory third-party insurance scheme covering the motor vehicle (whether the vehicle is in fact insured under the scheme or an action for damages lies against a nominal defendant); and
d. a person is not entitled to statutory compensation for hospital or medical expenses that would, if no award for compensation were made, be recoverable from a health fund or scheme; and
e. a prisoner is not entitled to statutory compensation for psychological injury resulting from an offence committed in the prison unless the prisoner was assaulted or suffered physical injury.

6. If—

a. a payment or damages under the Return to Work Act 2014; and
b. statutory compensation,

are paid for the same harm, the payment of statutory compensation does not give rise
to a right to recovery under the Return to Work Act 2014.

Victims of Crime Assistance Act (Government of Tasmania) 1976

Victims of Crime Assistance Act (Government of Victoria) 1996
1 Purpose and objectives of Act
1. The purpose of this Act is to provide assistance to victims of crime.
2. The objectives of this Act are—

a. to assist victims of crime to recover from the crime by paying them financial assistance for expenses incurred, or reasonably likely to be incurred, by them as a direct result of the crime; and
b. to pay certain victims of crime financial assistance (including special financial assistance) as a symbolic expression by the State of the community’s sympathy and condolence for, and recognition of, significant adverse effects experienced or suffered by them as victims of crime; and
c. to allow victims of crime to have recourse to financial assistance under this Act where compensation for the injury cannot be obtained from the offender or other sources.

3. Awards of financial assistance (including special financial assistance) to victims of crime are not intended to reflect the level of compensation to which victims of crime may be entitled at common law or otherwise.
4. The scheme provided by this Act is intended to complement other services provided by government to victims of crime.

Victims of Crime Act 1994, amend. No 19 of 2010 (Government of Western Australia)

Guidelines about treatment of victims
Public officers and bodies are authorised to have regard to and apply the guidelines in Schedule 1 and they should do so to the extent that it is —

a. within or relevant to their functions to do so; and
b. practicable for them to do so.
If because of age, disability or any other reason it is not practicable for a victim to receive counselling or information, make requests or express views or concerns under the guidelines, another person may do those things on the victim’s behalf if the public officer or body concerned is satisfied that it is appropriate for that other person to do so.

3. Nothing in this Act provides, or is to be taken as providing, any person with a legally enforceable right or entitlement, and a failure to apply this Act, or to have regard to a guideline, or to treat a victim in accordance with a guideline, does not —

a. affect the validity of anything done or not done or of any proceedings; or
b. provide grounds for any act, omission or decision to be challenged, appealed against, reviewed, quashed or called in question in or by any court or tribunal or for any injunctive, declaratory or other relief, remedy or order to be asked for or granted whether by way of prerogative writ or otherwise.

Schedule 1 — Guidelines as to how victims should be treated
1. A victim should be treated with courtesy and compassion and with respect for the victim’s dignity.
2. A victim should be given access to counselling about the availability of welfare, health, medical and legal assistance services and criminal injuries compensation.
3. A victim should be informed about the availability of lawful protection against violence and intimidation by the offender.
4. Inconvenience to a victim should be minimized.
5. The privacy of a victim should be protected.
6. A victim who has so requested should be kept informed about —

a. the progress of the investigation into the offence (except where to do so may jeopardize the investigation); and
b. charges laid; and
c. any bail application made by the offender; and
d. variations to the charges and the reasons for variations.

7. A victim who is a witness in the trial of the offender and has so requested should be informed about the trial process and the role of the victim as a witness in the prosecution of the offence.
8. A victim who has so requested should be informed about any sentence imposed on the offender, or any other order made in respect of the offender, as a result of the trial and about any appeal and the result of any appeal.
9. A victim’s property held by the Crown or the police for the purposes of investigation or evidence should be returned as soon as possible.
10. Arrangements should be made so that a victim’s views and concerns can be considered when a decision is being made about whether or not to release the offender from custody (otherwise than at the completion of a term of imprisonment or detention).
11.A victim who has so requested should be informed about the impending release of the offender from custody and, where appropriate, about the proposed residential address of the offender after release.
12. A victim who has so requested should be informed of any escape from custody by the offender.

Penalties
Penalties, General

Criminal Code 1995 amend. Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
270.2 Slavery is unlawful
Slavery remains unlawful and its abolition is maintained, despite the repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 of Imperial Acts relating to slavery.

270.3 Slavery offences
1.A person who, whether within or outside Australia, intentionally: (aa) reduces a person to slavery; or

a. possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or
b. engages in slave trading; or
c. enters into any commercial transaction involving a slave; or
d. exercises control or direction over, or provides finance for:

i. any act of slave trading; or
ii. any commercial transaction involving a slave;

is guilty of an offence.
Penalty: Imprisonment for 25 years.

2. A person who:

a. whether within or outside Australia:

i. enters into any commercial transaction involving a slave; or
ii. exercises control or direction over, or provides finance for, any commercial transaction involving a slave; or
iii. exercises control or direction over, or provides finance for, any act of slave trading; and

b. is reckless as to whether the transaction or act involves a slave, slavery, slave trading or the reduction of a person to slavery; is guilty of an offence.

Penalty: Imprisonment for 17 years.

3. In this section:
commercial transaction involving a slave includes a commercial transaction by which a person is reduced to slavery.
slave trading includes:

a. the capture, transport or disposal of a person with the
intention of reducing the person to slavery; or
b. the purchase or sale of a slave.

4. A person who engages in any conduct with the intention of securing the release of a person from slavery is not guilty of an offence against this section.
5. The defendant bears a legal burden of proving the matter mentioned in subsection 4.

270.5 Servitude offences
Causing a person to enter into or remain in servitude
1. A person commits an offence if:

a. the person engages in conduct; and
b. the conduct causes another person to enter into or remain in servitude.

Penalty:

a. in the case of an aggravated offence (see section 270.8)— imprisonment for 20 years; or
b. in any other case—imprisonment for 15 years.

Conducting a business involving servitude
2. A person commits an offence if:

a. the person conducts any business; and
b. the business involves the servitude of another person (or persons).

Penalty:

a. in the case of an aggravated offence (see section 270.8)— imprisonment for 20 years; or
b. in any other case—imprisonment for 15 years.

Alternative verdict of forced labour
3. Subsection 4. applies if, in a prosecution for an offence (the servitude offence) against a provision listed in column 1 of the following table, the trier of fact:

a. is not satisfied that the defendant is guilty of that offence; but
b. is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the forced labour offence) against the corresponding provision listed in column 2 of the table.

270.6A Forced labour offences
Causing a person to enter into or remain in forced labour
1. A person commits an offence if:

a. the person engages in conduct; and
b. the conduct causes another person to enter into or remain in forced labour.

Penalty:

a. in the case of an aggravated offence (see section 270.8)— imprisonment for 12 years; or
b. in any other case—imprisonment for 9 years.

Conducting a business involving forced labour
2. A person commits an offence if:

a. the person conducts any business; and
b. the business involves the forced labour of another person (or persons).

Penalty:

a. in the case of an aggravated offence (see section 270.8)— imprisonment for 12 years; or
b. in any other case—imprisonment for 9 years.

Note: On a trial for an offence against section 270.5 (servitude offences), the trier of fact may find a defendant not guilty of that offence but guilty of the corresponding offence under this section (see subsections 270.53. and 4.).

270.7 Deceptive recruiting for labour or services
A person (the recruiter) commits an offence if:

a. the recruiter engages in conduct; and
b. the recruiter engages in the conduct with the intention of inducing another person (the victim) to enter into an engagement to provide labour or services; and
c. the conduct causes the victim to be deceived about:

i. the extent to which the victim will be free to leave the place or area where the victim provides the labour or services; or
ii. the extent to which the victim will be free to cease providing the labour or services; or
iii. the extent to which the victim will be free to leave his or her place of residence; or
iv. if there is or will be a debt owed or claimed to be owed by the victim in connection with the engagement—the quantum, or the existence, of the debt owed or claimed to be owed; or
v. the fact that the engagement will involve exploitation, or the confiscation of the victim’s travel or identity documents; or
vi. if the engagement is to involve the provision of sexual services—that fact, or the nature of sexual services to be provided (for example, whether those services will require the victim to have unprotected sex).

Penalty:

a. in the case of an aggravated offence (see section 270.8)— imprisonment for 9 years; or
b. in any other case—imprisonment for 7 years.

270.8 Slavery-like offences—aggravated offences
1. For the purposes of this Division, a slavery-like offence committed by a person (the offender) against another person (the victim) is an aggravated offence if any of the following applies:

a. the victim is under 18;
b. the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the offender, in committing the offence:

i. engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
ii. is reckless as to that danger.

2. If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
3. If, on a trial for an aggravated offence, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is otherwise satisfied that the defendant is guilty of the corresponding slavery-like offence, it may find the defendant not guilty of the aggravated offence, but guilty of the corresponding slavery-like offence.
4. Subsection 3. only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the corresponding slavery-like offence.

Subdivision C—Offences relating to debt bondage
271.8 Offence of debt bondage
A person commits an offence of debt bondage if:

a. the person engages in conduct that causes another person to enter into debt bondage; and
b. the person intends to cause the other person to enter into debt bondage.

Penalty: Imprisonment for 4 years.

271.9 Debt bondage—aggravated offence
1. A person (the offender) commits an offence of aggravated debt bondage if the offender commits an offence of debt bondage in relation to another person (the victim) and any of the following applies:

a. the victim is under 18;
b. the offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the offender, in committing the offence:

i. engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
ii. is reckless as to that danger. Penalty: Imprisonment for 7 years.

2. If, on a trial for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that the defendant is guilty of an offence against section 271.8, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
3. Subsection 2. only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.8.
Note: Section 271.8 provides for the offence of debt bondage.

Migration Act, 1958
245AEB Aggravated offences if a person refers another person to a third person for work
Referring an unlawful non-citizen for work
1. A person (the first person) commits an offence if:

a. the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and
b. the first person refers another person (the prospective worker) to a third person for work; and
c. at the time of the referral, the prospective worker is an unlawful non-citizen; and
d. the prospective worker will be exploited in doing that work, or any other work, for the third person; and
e. the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (c) and (d).

Penalty: 5 years imprisonment.
Note: See section 245AH for when a person will be exploited.

Referring a lawful non-citizen for work in breach of a work-related condition
2. A person (the first person) commits an offence if:

a. the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and
b. the first person refers another person (the prospective worker) to a third person for work; and
c. at the time of the referral:

i. the prospective worker is a lawful non-citizen; and
ii. the prospective worker holds a visa that is subject to a work-related condition; and
iii. the prospective worker will be in breach of the work-related condition solely because of doing the work in relation to which he or she is referred; and

d. the prospective worker will be exploited in doing the work in relation to which he or she is referred, or in doing any other work, for the third person; and
e. the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (c) and (d).
Penalty: 5 years imprisonment.

Penalties, Child Labour

Children and Young People Act (Government of ACT) 2008
795 Offence—employment of children and young people under 15 years old
A person commits an offence if—

a. the person employs a child or young person; and
b. the child or young person is under 15 years old.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note—Employment as part of an exempted work experience program is not employment for this chapter (see s 781 1., def employment, par c.).

803 Offence—employment of child or young person under 15 years old in high risk employment
A person commits an offence if—

a. the person employs a child or young person; and
b. the employment is in high risk employment; and
c. the child or young person is under 15 years old.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
This section does not apply to the employment of a child or young person if the director-general has issued a high risk employment permit in relation to the employment of the child or young person.

804 Offence—contravene condition of permit
A person commits an offence if—

a. the director-general has issued a high risk employment permit under section 800; and
b. the permit is conditional; and
c. the person engages in conduct that contravenes a condition of the permit.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Children and Young Persons (Care and Protection) Act (Government of New South Wales) 1998
Chapter 13 Children’s employment
222 Endangering children in employment
A person who causes or allows a child to take part in any employment in the course of which the child’s physical or emotional well-being is put at risk is guilty of an offence.
Maximum penalty: 200 penalty units.
Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.

Industrial Relations (Child Employment) Act (Government of New South Wales) 2006 
4 Employer to ensure at least minimum conditions provided
1. This section applies to the employment of a child by an employer if:

a. the child is employed under an agreement or other arrangement entered into on or after 27 March 2006, and
b. the employer of the child is a constitutional corporation that is not bound by a State industrial instrument with respect to the employment of the child, and
c. a State award is in force that covers employees performing similar work to that performed by the child (a comparable State award) and that award does not bind the employer in respect of the employment of the child.

15 Civil penalty for contravention of section 4
1. If an industrial court is satisfied that an affected employer of a child has contravened section 4, it may order the employer to pay a pecuniary penalty not exceeding $10,000 (a civil penalty).
2. Proceedings for a civil penalty may be instituted by an inspector.
Note. A civil penalty may also be sought in proceedings on an appeal under section 12. See section 12 4.. 3. Proceedings for a civil penalty may be instituted within 6 years after the contravention.
4. To avoid doubt, the rules of evidence apply to proceedings for a civil penalty.
5. Evidence given in proceedings for the recovery of money under Part 2 of Chapter 7 of the Industrial Relations Act 1996 (as applied to and for the purposes of this Part by section 16) is not admissible in proceedings for a civil penalty.
6. In determining the amount of the pecuniary penalty that an affected employer of a child should be ordered to pay, the industrial court may take into account any of the following matters:

a. whether or not the employer has made a reasonable effort to provide the child with the minimum conditions of employment for the child,
b. whether or not the child understood and consented to the provision of the conditions of employment that the employer has actually provided to the child,
c. any other matter that the court considers relevant.

7. In any proceedings for a civil penalty, the industrial court may award costs to either party and assess the amount of those costs. Costs cannot be awarded against the prosecutor except in the circumstances in which costs can be awarded against the prosecutor in criminal proceedings.
8. The following provisions apply to contraventions of section 4 and to proceedings for a civil penalty for such a contravention in the same way as they apply to criminal proceedings for an offence against the Industrial Relations Act 1996:

a. Sections 400–403 of the Industrial Relations Act 1996 (as applied to and for the purposes of this Part by section 16).
b. The provisions of any Act relating to the recovery of penalties imposed for an offence.
c. Any provision of this or any other Act relating to criminal proceedings that is applied to this section by the regulations (whether with or without modification).

Education (Compulsory Education Age) Amendment Act (Government of South Australia) 2007
78—Employment of children of compulsory school age or compulsory education age
1. Subject to this Part, a person must not employ a child of compulsory school age or compulsory education age—

a. during the hours at which the child is required to attend school or to participate in an approved learning program (as the case requires); or
b. in any labour or occupation that renders, or is likely to render, the child unfit to attend school or participate in an approved learning program as required by this Part or to obtain the proper benefit from such attendance or participation.

Maximum penalty: $5 000.

2. It is a defence to a charge of an offence against this section if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

Education Act (Government of Tasmania) 2016
247. Employment of children
1. In this section –
prescribed child means a school-aged child who is not exempted under section 13 from the requirement to be enrolled at a school;
prescribed youth means a youth who is required under section 24 to participate in an approved learning program or be home educated.
2. Except as authorised by the Secretary, a person must not employ Next Hit , or permit to be employed, a prescribed child during the hours when the child is required to –

a. attend a school; or
b. undertake home education; or
c. participate in an individual education program.

Penalty: Fine not exceeding 100 penalty units.

3. Except as authorised by the Secretary, a person must not employ , or permit to be employed, a prescribed youth during the hours when the youth is required to

a.participate in his or her approved learning program; or
b. undertake home education.

Penalty: Fine not exceeding 100 penalty units.

4. Subsection 3. does not apply if the person employing the prescribed youth is a provider under the youth’s approved learning program and employs the youth in accordance with that program.
5. It is a defence to an offence against subsection 2. or 3. if the defendant proves that he or she had a reasonable belief that the prescribed child or prescribed youth was not –

a. a school-aged child or youth; or
b. a prescribed child or prescribed youth.

Care and Protection of Children Act (Government of Northern Territory) 2007
201 A parent of the child must not permit or require the child to be employed in contravention of the notice.
Maximum penalty: 100 penalty units or imprisonment for 12 months.

203 Obligation of employers and parents
1. An employer of a child is guilty of an offence if:

a. the employer requires the child to perform any work at any time after 10 pm at night and before 6 am in the morning; and
b. the child is less than 15 years of age.

Maximum penalty: 400 penalty units.

2. An employer of a child must not require the child to perform any work that is harmful, or likely to be harmful, to the child’s physical, mental or emotional wellbeing.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
3. An employer of a child must not require the child to perform any work that involves the exploitation of the child.
Maximum penalty: 800 penalty units or imprisonment for 4 years.
4. A parent of a child is guilty of an offence if:

a. the parent permits or requires the child to perform any work at any time after 10 pm at night and before 6 am in the morning; and
b. the child is less than 15 years of age.

Maximum penalty: 50 penalty units or imprisonment for 6 months.

5. A parent of a child must not permit or require the child to perform any work that is harmful, or likely to be harmful, to the child’s physical, mental or emotional wellbeing.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
6. A parent of a child must not permit or require the child to perform any work that involves the exploitation of the child.
Maximum penalty: 800 penalty units or imprisonment for 4 years.

Child Employment Act (Government of Queensland) 2006
9 Other restrictions on work performed by children
1. An employer must not require or permit a child to do work prescribed under a regulation, unless—

a. the child is at least the age prescribed under the regulation to do the work; or
b. it is work the child is permitted to do under the regulation.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section

2. An employer must not require or permit a child to work in a way a regulation states the child may not work.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
3. An employer must not require or permit a child to work when a regulation states the child may not work.
Maximum penalty—100 penalty units.
Note— This provision is an executive liability provision—see section 33.
4. An employer must not require or permit a child to work unless appropriately supervised by an adult.
Maximum penalty—100 penalty units.

10 Authority needed before school-aged or young children can work
1. An employer must not require or permit a school-aged or young child to perform work unless the employer has—

a. a parent’s consent form for the school-aged or young child; or
b. if the child is a school-aged child and does not have a parent’s consent form—a special circumstances certificate authorising the school-aged child to perform work when the school-aged child is not required to attend school.
Maximum penalty—100 penalty units.

2. Subsection 1. does not apply if—

a. the employer is a parent of the school-aged or young child; or
b. the school-aged or young child started work for the employer before the commencement of this section.

11 School-aged children must not work during school hours
1. An employer must not require or permit a school-aged child to perform work when the school-aged child is required to attend school—

a. as stated in the parent’s consent form; or
b. if the school-aged child does not have a parent’s consent form and is authorised to work under a special circumstances certificate when the school-aged child is not required to attend school—as stated in the special circumstances certificate.
Maximum penalty—100 penalty units.

Child Employment Act (Government of Victoria) 2003
9 Employment without a permit
1. A person must not employ a child unless a permit has been issued for the employment.
Penalty: 100 penalty units in the case of a body corporate;
60 penalty units in any other case.
2. A parent or guardian of a child must not allow the child to engage in employment unless a permit has been issued for the employment.
Penalty: 10 penalty units.
3. Subsections 1. and 2. do not apply to the employment of a child in a family business

10 Minimum age for employment
3. A person must not employ a child who is below the minimum age for employment.
Penalty: 100 penalty units in the case of a body corporate;
60 penalty units in any other case.

11 Employment of children during school hours
1. A person must not employ a child during school hours on any school day unless the Minister has granted the child an exemption from attendance at school under section 2.1.5 of the Education and Training Reform Act 2006.
Penalty: 100 penalty units in the case of a body corporate;
60 penalty units in any other case.
2. A parent or guardian of a child must not allow the child to engage in employment if the nature and extent of the employment is such as to prejudice the child’s attendance at school or their capacity to benefit from instruction.
Penalty: 60 penalty units.
12 Prohibited employment
1. A person must not employ a child in any of the following kinds of employment—

a. door-to-door selling;
b. employment on a fishing boat, other than a boat operating on inland waters;
c. employment on a building or construction site (whether commercial or residential) at any time before the buildings on the site are at lock-up stage;
d. any kind of employment declared under subsection 2. to be prohibited employment for the purposes of this subsection.
Penalty: 100 penalty units in the case of a body corporate;
60 penalty units in any other case.

Children and Community Services Act 2004 amend. Children and Community Services Amendment bill 2010 (Government of Western Australia)
190. Prohibition on employment of child under 15
1. A person must not employ a child under 15 years of age in a business, trade or occupation carried on for profit.
Penalty: a fine of $24 000.
2. It is a defence to a charge under subsection 1. for a person to prove that the person believed on reasonable grounds, at the time the offence is alleged to have been committed, that the child had reached 15 years of age.
3. A parent of a child under 15 years of age must not permit the child to be employed in a business, trade or occupation carried on for profit.
Penalty: a fine of $24 000.

192 Children not to be employed to perform in indecent manner etc.
A person who employs a child to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.
A parent of a child who permits the child to be employed to perform in an indecent, obscene or pornographic manner in the course of participating in an entertainment or exhibition or in the making of an advertisement is guilty of a crime, and is liable to imprisonment for 10 years.

Penalties, Human trafficking

Criminal Code 1995 amend. Criminal Code Amendment (Trafficking in Persons Offences) Act 2005
271.2 Offence of trafficking in persons
1. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
b. the first person uses coercion, threat or deception; and
c. that use of coercion, threat or deception results in the first person obtaining the other person’s compliance in respect of that entry or proposed entry or in respect of that receipt.

Penalty: Imprisonment for 12 years.
1A. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the exit or proposed exit of another person from Australia; and
b. the first person uses coercion, threat or deception; and
c. that use of coercion, threat or deception results in the first person obtaining the other person’s compliance in respect of that exit or proposed exit.

Penalty: Imprisonment for 12 years.
1B. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
b. in organising or facilitating that entry or proposed entry, or that receipt, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that entry or receipt.

Penalty: Imprisonment for 12 years.
1C. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the exit or proposed exit of another person from Australia; and
b. in organising or facilitating that exit or proposed exit, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that exit.

Penalty: Imprisonment for 12 years.
2. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
b. the first person deceives the other person about the fact that the other person’s entry or proposed entry, the other person’s receipt or any arrangements for the other person’s stay in Australia, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or the confiscation of the other person’s travel or identity documents.

Penalty: Imprisonment for 12 years.
2A. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the exit or proposed exit of another person from Australia; and
b. the first person deceives the other person about the fact that the other person’s exit or proposed exit is for purposes that involve the provision by the other person of sexual services outside Australia or will involve the other person’s exploitation or the confiscation of the other person’s travel or identity documents.

Penalty: Imprisonment for 12 years.
2B. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the entry or proposed entry, or the receipt, of another person into Australia; and
b. there is an arrangement for the other person to provide sexual services in Australia; and
c. the first person deceives the other person about any of the following:

i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty: Imprisonment for 12 years.
2C. A person (the first person) commits an offence of trafficking in persons if:

a. the first person organises or facilitates the exit or proposed exit of another person from Australia; and
b. there is an arrangement for the other person to provide sexual services outside Australia; and
c. the first person deceives the other person about any of the following:

i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty: Imprisonment for 12 years.
3. Absolute liability applies to paragraphs 1.c. and 1A.c..

271.3 Trafficking in persons—aggravated offence
1. A person (the first person) commits an aggravated offence of trafficking in persons if the first person commits the offence of trafficking in persons in relation to another person (the victim) and any of the following applies:

a. the first person commits the offence intending that the victim will be exploited, either by the first person or another:

i. if the offence of trafficking in persons is an offence against subsection 271.2.1., 1B., 2. or 2B.—after entry into Australia; or
ii. if the offence of trafficking in persons is an offence against subsection 271.2.1A., 1C., 2A. or 2C.—after exit from Australia;

b. the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the first person, in committing the offence:

i. engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
ii. is reckless as to that danger.

Penalty: Imprisonment for 20 years.
2. If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.2, it may find the defendant not guilty of the aggravated offence but guilty of an offence against that section.
3. Subsection 2. only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.2.
Note: Section 271.2 provides for offences of trafficking in persons.

271.4 Offence of trafficking in children
1. A person (the first person) commits an offence of trafficking in children if:

a. the first person organises or facilitates the entry or proposed entry into Australia, or the receipt in Australia, of another person; and
b. the other person is under the age of 18; and
c. in organising or facilitating that entry or proposed entry, or that receipt, the first person:

i. intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt; or
ii. is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that entry or receipt.

Penalty: Imprisonment for 25 years.
2. A person (the first person) commits an offence of trafficking in children if:

a. the first person organises or facilitates the exit or proposed exit from Australia of another person; and
b. the other person is under the age of 18; and
c. in organising or facilitating that exit or proposed exit, the first person:

i. intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit; or
ii. is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first person or another, after that exit.

Penalty: Imprisonment for 25 years.

271.5 Offence of domestic trafficking in persons
1. A person (the first person) commits an offence of domestic trafficking in persons if:

a. the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and
b. the first person uses coercion, threat or deception; and
c. that use of coercion, threat or deception results in the first
person obtaining the other person’s compliance in respect of that transportation or proposed transportation.

Penalty: Imprisonment for 12 years.
2. A person (the first person) commits an offence of domestic trafficking in persons if:

a. the first person organises or facilitates the transportation or proposed transportation of another person from one place in Australia to another place in Australia; and
b. in organising or facilitating that transportation or proposed transportation, the first person is reckless as to whether the other person will be exploited, either by the first person or another, after that transportation.

Penalty: Imprisonment for 12 years.
2A. A person (the first person) commits an offence of domestic trafficking in persons if:

a. the first person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and
b. the first person deceives the other person about the fact that the transportation, or any arrangements the first person has made for the other person following the transportation, will involve the provision by the other person of sexual services or will involve the other person’s exploitation or the confiscation of the other person’s travel or identity documents.

Penalty: Imprisonment for 12 years.
2B. A person (the first person) commits an offence of domestic trafficking in persons if:

a. the first person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and
b. there is an arrangement for the other person to provide sexual services; and
c. the first person deceives the other person about any of the following:

i. the nature of the sexual services to be provided;
ii. the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
iii. the extent to which the other person will be free to cease providing sexual services;
iv. the extent to which the other person will be free to leave his or her place of residence;
v. if there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services—the quantum, or the existence, of the debt owed or claimed to be owed.

Penalty: Imprisonment for 12 years.
3. Absolute liability applies to paragraph 1.c..

271.6 Domestic trafficking in persons—aggravated offence
1. A person (the first person) commits an aggravated offence of domestic trafficking in persons if the first person commits the offence of domestic trafficking in persons in relation to another person (the victim) and any of the following applies:

a. the first person commits the offence intending that the victim will be exploited, either by the first person or by another, after arrival at the place to which the person has been transported;
b. the first person, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. the first person, in committing the offence:

i. engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
ii. is reckless as to that danger.

Penalty: Imprisonment for 20 years.
2. If, on a trial for an offence against this section, the court, or if the trial is before a jury, the jury, is not satisfied that the defendant is guilty of the aggravated offence, but is satisfied that he or she is guilty of an offence against section 271.5, it may find the defendant not guilty of the aggravated offence, but guilty of an offence against that section.
3. Subsection 2. only applies if the defendant has been afforded procedural fairness in relation to the finding of guilt for the offence against section 271.5.
Note: Section 271.5 provides for offences of domestic trafficking in persons.

271.7 Offence of domestic trafficking in children
A person commits an offence of domestic trafficking in children if:

a. the first-mentioned person organises or facilitates the transportation of another person from one place in Australia to another place in Australia; and
b. the other person is under the age of 18; and
c. in organising or facilitating that transportation, the first-mentioned person:

i. intends that the other person will be used to provide sexual services or will be otherwise exploited, either by the first-mentioned person or another, during or following the transportation to that other place; or
ii. is reckless as to whether the other person will be used to provide sexual services or will be otherwise exploited, either by the first-mentioned person or another, during or following the transportation to that other place.

Penalty: Imprisonment for 25 years.

Measures to Combat Serious and Organised Crime Act 2001
5HB What is a serious Commonwealth offence?
For the purposes of this Part, serious Commonwealth offence means an offence against a law of the Commonwealth:

a. that involves theft, fraud, tax evasion, currency violations, illegal drug dealings, illegal gambling, obtaining financial benefit by vice engaged in by others, extortion, money laundering, perverting the course of justice, bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory, bankruptcy and company violations, harbouring of criminals, forgery including forging of passports, armament dealings, illegal importation or exportation of fauna into or out of Australia, espionage, sabotage or threats to national security, misuse of a computer or electronic communications, people smuggling, slavery, piracy, the organisation, financing or perpetration of sexual servitude or child sex tourism, dealings in child pornography or material depicting child abuse, importation of prohibited imports or exportation of prohibited exports, or that involves matters of the same general nature as one or more of the foregoing or that is of any other prescribed kind; and
b. that is punishable on conviction by imprisonment for a period of 3 years or more.

Programs and Agencies for Enforcement (Source: Various)

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protection Coverage: General (at Least One)
Social Protection Coverage (Data Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

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