What is Debt Bondage and Slavery in Australia?
Slavery and slavery-like offences are among the most serious Commonwealth crimes under Division 270 of the Criminal Code Act 1995 (Cth). These offences cover situations where a person is controlled, exploited, or deprived of freedom, including where this arises from debt or coercion.
If you are under investigation or charged with a slavery-type offence, you are facing potential imprisonment of up to a maximum penalty of 25 years. You should seek immediate advice from a criminal defence lawyer experienced in Commonwealth prosecutions.
What is slavery in Australia?
Section 270.1 of the Criminal Code Act 1995 (Cth) defines slavery as the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. This includes situations where the condition arises from a debt or contract.
A person commits a slavery offence if they intentionally:
Reduce another person to slavery;
Possess or exercise ownership-like powers over a slave;
Engage in slave trading;
Enter into any commercial transaction involving a slave; or
Exercise control, direction, or provide finance for slave trading or a commercial transaction involving a slave.
The prosecution must prove that the accused intentionally performed one or more of these acts. The maximum penalty for slavery is 25 years imprisonment.
What is debt bondage in Australia?
Debt bondage is when a person’s personal services, or the services of someone under their control, are pledged as security for a debt in unfair or exploitative circumstances.
Under section 270.7C of the Criminal Code Act 1995 (Cth), a person commits the offence of debt bondage if:
They engage in conduct that causes another person to enter into debt bondage; and
They intend to cause that person to enter into that condition.
A person is in debt bondage if the following apply:
The condition arises from a pledge of personal services - either their own, someone under their control, or made on their behalf by another person who controls them; and
The pledge is made as security for a debt that is owed or claimed to be owed (including any debt incurred or said to be incurred after the pledge is given); and
One or more of the following exist:
The debt is manifestly excessive;
The reasonable value of the services is not applied toward paying down the debt; or
The length and nature of the services are not properly limited or defined.
In other words, debt bondage captures situations where a person’s labour or freedom is effectively controlled because of a debt that cannot realistically be repaid, or where the terms of repayment are unclear or unfair.
The maximum penalty for debt bondage is 4 years imprisonment, or 7 years if the offence is aggravated under section 270.8 - for example, where the victim is under 18, subjected to cruel or degrading treatment, or exposed to a danger of serious harm.
What is an aggravated offence?
Under section 270.8, any slavery-like offence (including servitude, forced labour, debt bondage, or forced marriage) becomes aggravated (‘more serious’) if:
The victim is under 18;
The victim is subjected to cruel, inhuman, or degrading treatment; or
The offender’s conduct created a danger of death or serious harm, and the offender was reckless to that danger.
Aggravated forms of these offences attract higher penalties.
How are slavery offences prosecuted in Australia?
All slavery and slavery-like offences are prosecuted federally by the Commonwealth Director of Public Prosecutions (CDPP), often following investigation by the Australian Federal Police (AFP).
These matters are generally heard in the District Court or Supreme Court of each State or Territory.
A conviction can result in long-term imprisonment, a recorded conviction, and serious reputational consequences.
Defending slavery and debt bondage charges
The prosecution must prove intention, causation, and a lack of genuine freedom or consent beyond reasonable doubt. Common defence strategies include:
Challenging the intent to exploit or control another person;
Showing the alleged victim was free to cease work or leave;
Disputing evidence of coercion, threat, or deception;
Identifying inconsistencies in AFP evidence or witness accounts.
It is crucial that an experienced criminal defence lawyer Brisbane strategically analyses the AFP and CDPP disclosure materials and begins preparing the defence at an early stage.
Do I need a criminal defence lawyer?
Commonwealth slavery-type prosecutions are complex, often involving international evidence, financial transactions, and sensitive witness material. Early advice allows your criminal defence lawyer to preserve evidence, identify defences, and engage with the CDPP before the matter escalates.
Our lawyers have acted in numerous Commonwealth prosecutions, including slavery-like offences, trafficking, and forced labour cases. We understand the federal procedures and strategies required to protect your future.
What should I do if I have been charged with slavery or debt bondage in Qld?
If you are under investigation or charged with a slavery-related offence:
Do not speak to police without legal representation;
Avoid contact with any potential witnesses; and
Obtain legal advice immediately.
Frequently asked questions about slavery-type offences in Australia
Are slavery offences State or Commonwealth crimes?
They are Commonwealth offences under Division 270 of the Criminal Code Act 1995 (Cth), even if the conduct occurred within Queensland.
Can consent be a defence?
No. Consent is not a defence where coercion, threat, or deception is proven, or where the victim’s personal freedom is effectively removed.
What are the penalties for aggravated offences?
Depending on the offence, aggravated forms carry maximum penalties of 12 to 25 years imprisonment.
Can these charges be reduced or withdrawn?
Maybe, if the evidence of intent, coercion, or control is insufficient.
Choosing the best criminal defence lawyer in Brisbane
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Last updated October 2025
All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.