What's Your Origin?

Can the right to freedom from slavery and forced labour be limited?

Limitation

The right to freedom from slavery and servitude is an absolute right. This means it cannot be limited or qualified under any circumstance. For further information, see the information sheet on Absolute Rights.

Which domestic laws relate to the right to freedom from slavery and forced labour?

Criminal Code Act 1995
Slavery

Division 270 of the Criminal Code criminalises offences relating to slavery, which is defined in accordance with the 1926 Slavery Convention. In The Queen v Tang [2008] HCA 39, the High Court found that in Australia, slavery is not limited to 'chattel slavery', and that the critical powers exercised were:

the power to make each woman an object of purchase
the capacity to use the women in a substantially unrestricted manner for the duration of their contracts
the power to control and restrict their movements
the power to use their services without commensurate compensation.

Servitude

The Criminal Code criminalises servitude, which is defined in subsection 270.4(1) as the condition of a person who provides labour or services and who, because of the use of coercion, threat or deception, would not consider himself or herself to be: (a) free to cease providing labour or services, or (b) free to leave the place where the person provides labour or services, and who (c) is significantly deprived of his or her personal freedom.

Debt bondage

Debt bondage is defined in the Criminal Code as occurring when a person pledges his or her services or the services of another person as security for a debt if the reasonable value of those services is not applied to repay the debt or if the length and nature of the services is not defined.

The penalties for slavery and trafficking offences include up to 25 years imprisonment. The penalty for debt bondage includes up to seven years imprisonment.

Other laws and policies

It is an offence under the Migration Act 1958 to employ a person, or refer a person for work, in contravention of their visa conditions. The Act covers aggravated offences where a person is being exploited (as defined in the Criminal Code).

The Commonwealth Procurement Rules (CPRs), issued under the Financial Management and Accountability Act 1997, articulate the Government's procurement policy. The CPRs require that agencies must not seek to benefit from supplier practices that may be dishonest, unethical or unsafe (paragraph 6.7). This obliges agencies not to contract with suppliers known to engage in exploitative labour practices, such as slavery or human trafficking, or who subcontract to suppliers who engage in such practices.

When recruiting staff through a third-party agency, public officials should be aware of the practices of the companies selected, in particular their practices regarding migrant labour, and only use reputable recruitment and employment agencies.