Facing charges of Human Trafficking or Slavery in Qld?
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Human trafficking and slavery offences are among the most serious crimes under Australian law.
These offences involve the movement and control of individuals for exploitation and are criminalised under Divisions 270 and 271 of the Criminal Code Act 1995 (Cth).
If you are charged with human trafficking, slavery, forced marriage, or related offences, you must seek early legal representation, as these offences are highly complex and prosecuted aggressively.
If you are charged or being investigated, seeking early advice will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
Types of human trafficking and slavery-related charges
Human trafficking charges typically involve movement, either within Australia or across international borders, and control, which can take many forms, including:
Abduction
Deception
Abuse of power or leadership
Fraud
Coercion, threats, or debt bondage
Taking advantage of vulnerability
Australian law under the Criminal Code Act 1995 (Cth) makes slavery, servitude, forced labour, deceptive recruiting, forced marriage, debt bondage and organ trafficking serious criminal offences. The following outlines the main offences and penalties under Divisions 270 and 271.
Slavery – s 270.3 - Possessing, trading, financing or exercising ownership over another person is classified as slavery. The maximum penalty is 25 years imprisonment, or 17 years if the conduct is reckless.
Servitude – s 270.5 - Causing a person to live or work in servitude, or operating a business that involves servitude, carries a penalty of up to 15 years imprisonment, or 20 years for serious cases.
Forced labour – s 270.6A - Forcing someone to work through threat, coercion or deception, or running a business that relies on forced labour, can result in up to 9 years imprisonment, or 12 years if aggravated.
Deceptive recruiting – s 270.7 - Deceiving a person about work conditions, freedom, or debt to obtain their labour or services is punishable by up to 7 years imprisonment, or 9 years in aggravated cases.
Forced marriage – s 270.7B - Causing another person to enter into a marriage without free and full consent, or being a non-victim party to such a marriage, is an offence carrying up to 7 years imprisonment, or 9 years for aggravated offences.
Debt bondage – s 270.7C - Requiring someone to work or provide services to repay a debt under unfair or exploitative conditions is punishable by 4 years imprisonment, or 7 years if aggravated.
Trafficking in persons – s 271.2 - Organising or facilitating a person’s entry to or exit from Australia through coercion, threat or deception carries a maximum penalty of 12 years imprisonment.
Trafficking in children – s 271.4 - Trafficking a child under 18 for exploitation or sexual services is among the most serious offences, punishable by up to 25 years imprisonment.
Domestic trafficking – s 271.5 - Moving or deceiving a person within Australia for the purpose of exploitation or sexual services carries a penalty of up to 12 years imprisonment.
Organ trafficking – ss 271.7B–E - Arranging or facilitating the movement of a person into, out of, or within Australia for the purpose of organ removal is a serious criminal offence. Penalties range from 12 years imprisonment for standard cases to 25 years where a child or cruel treatment is involved.
Oveall, victim consent is not a defence to any slavery or trafficking offence. Australian courts have extended jurisdiction, meaning offences committed overseas by Australian citizens or residents can still be prosecuted.
These charges can be highly complex and often involve evidence from multiple jurisdictions, financial transactions, surveillance, and cooperation between Australian and international law enforcement agencies.
Trafficking in persons – Entry and exit trafficking offences in Australia
Trafficking in persons is a serious Commonwealth offence under Division 271 of the Criminal Code Act 1995 (Cth). These are Commonwealth offences, and carry lengthy terms of imprisonment.
At Ashworth Lawyers, our Brisbane criminal defence lawyers advise clients charged with human trafficking offences, including both entry trafficking and exit trafficking.
What is trafficking in persons in Australia?
Under section 271.2 of the Criminal Code (Cth), a person commits an offence if they organise or facilitate:
The entry or proposed entry of another person into Australia, or
The receipt of a person in Australia, or
The exit or proposed exit of a person from Australia,
and engage in coercion, threats, deception, or are reckless as to exploitation.
The maximum penalty for standard trafficking offences is 12 years’ imprisonment. Aggravated offences carry up to 20 years’ imprisonment. Trafficking in children carries a maximum penalty of 25 years’ imprisonment.
These are indictable Commonwealth offences investigated by the Australian Federal Police. These charges start in the Magistrates Court, and is then transferred to the District Court.
What is an entry trafficking offence?
An entry trafficking offence involves organising or facilitating a person’s entry into Australia where:
Coercion, threats or deception are used to obtain compliance, or
The organiser is reckless as to whether the person will be exploited after arrival, or
The person is deceived about sexual services, exploitation, or confiscation of travel or identity documents.
The offence does not require proof that exploitation actually occurred. In some circumstances, recklessness as to exploitation is sufficient.
“Exploitation” is defined broadly and includes:
Slavery or conditions similar to slavery
Servitude
Forced labour
Forced marriage
Debt bondage
These offences often intersect with allegations involving migration arrangements, intimate partner disputes, financial control, or cross-border family matters.
What is an exit trafficking offence?
Exit trafficking refers to organising or facilitating a person’s departure from Australia where coercion, threats, deception, or recklessness as to exploitation is involved. This may include allegations that a person:
Forced or pressured another to travel overseas
Misled someone about the purpose of overseas travel
Arranged travel knowing the person may face exploitation abroad
Deceived a person about sexual services or exploitative arrangements outside Australia
Exit trafficking has been the subject of recent prosecutions and is an expanding area of Commonwealth criminal enforcement.
Importantly, the offence focuses on the conduct used to secure the person’s departure. Absolute liability applies to certain elements of compliance, which significantly narrows available defences.
What is aggravated human trafficking?
A trafficking offence becomes aggravated where:
There is an intention that the person will be exploited after entry or exit,
The conduct involves cruel, inhuman or degrading treatment, or
The conduct creates a danger of death or serious harm and the offender is reckless as to that danger.
Aggravated trafficking carries a maximum penalty of 20 years’ imprisonment.
What are the penalties for trafficking in persons?
Trafficking in persons – up to 12 years’ imprisonment
Aggravated trafficking – up to 20 years’ imprisonment
Trafficking in children – up to 25 years’ imprisonment
Convictions may also have significant immigration, reputational and professional consequences.
Charged with trafficking in persons in Australia?
Commonwealth trafficking charges are legally complex. They often involve:
Cross-border evidence
Digital communications
Immigration records
Financial transactions
Allegations of coercion or deception within family or relationship contexts
Early legal advice is critical.
Ashworth Lawyers is a Brisbane criminal law firm representing clients charged with serious Commonwealth offences. If you are under investigation by the Australian Federal Police or have been charged with trafficking in persons, contact our team for confidential advice about your options and defence strategy.
How to defend human trafficking and slavery charges
Human trafficking and slavery offences require a strong and experienced defence. Potential legal defences may include:
Lack of intent – You had no knowledge of, or did not intend to engage in, trafficking-related conduct.
Duress – You were coerced or threatened into participating.
Mistaken identity – You were wrongly identified.
Consent and lawful work agreements – The alleged victim was not unlawfully controlled or coerced.
If you are under investigation or facing human trafficking or slavery-related charges, the consequences can be severe. A conviction may lead to lengthy imprisonment, asset confiscation, and deportation for non-citizens.
FAQ - Keypoints Human Trafficking and Slavery in Qld
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Human trafficking is when someone uses coercion, threats, or deception to move another person across or within borders so they can be exploited.
Exploitation can include forced labour, sexual servitude, debt bondage, forced marriage, servitude, or slavery.
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Exit trafficking happens when someone is coerced, threatened, or tricked into leaving Australia against their will.
A case in Victoria involved a man who deceived his wife into travelling overseas before taking her children and passport back to Australia.
He was convicted and sentenced to more than four years in prison. The maximum penalty is 12 years’ imprisonment.
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Entry trafficking occurs when a person is brought into Australia under false pretences so they can be exploited.
Victims are often promised legitimate opportunities such as work, education, or marriage, only to find themselves controlled or exploited once they arrive.
The offence carries a maximum penalty of 12 years’ imprisonment.
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Child trafficking happens when a child is moved for exploitation, even if no threats or lies are involved.
This can include forced marriage, sexual exploitation, or unpaid work. The maximum penalty is 25 years’ imprisonment.
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A young woman was protected from being forced into an overseas marriage after police placed a travel alert and moved her to safe accommodation.
A man was jailed after discarding his partner overseas and returning to Australia with her passport and children.
Other cases have involved people brought to Australia for work, who were then exploited through forced labour or sexual servitude.
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Penalties depend on the type of conduct. For example:
Exit or entry trafficking – up to 12 years’ imprisonment
Forced labour – up to 9 years, or 12 years in aggravated cases
Forced marriage – up to 7 years, or 9 years if aggravated
Servitude – up to 15 years
Slavery – up to 25 years
Courts also look at factors such as the age of the victim, the level of coercion, and whether the conduct was repeated or planned.
Facing serious charges in Qld?
If you or someone you know needs urgent legal advice, contact us now.
Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.