Investigations, prosecutions, convictions and sentences imposed on traffickers

111. Australia's laws criminalising human trafficking and other forms of modern slavery are contained within Divisions 270 and 271 of the Criminal Code.
112. The AFP receives human trafficking referrals with all reviewed and investigated. Breakdown of referrals by offence:

113. In the 5 years between 2018-19 and 2022-23, the Federal Office of the Director of Public Prosecutions commenced or conducted 28 prosecutions for human trafficking and slavery-related offences (FY18-19: 0 men, 2 women prosecuted; FY19-20: 6 men, 5 women prosecuted; FY20-21: 3 men, 2 women prosecuted; FY21-22: 3 men, 1 woman; FY22-23: 5 men, 1 woman prosecuted).
114. From 2004 to 30 June 2023, 30 people in Australia have been convicted for these offences.

Pacific Australia Labour Mobility (PALM) scheme

115. The Government has zero tolerance for worker mistreatment of Pacific and Timor-Leste workers in Australia, committing $440 million to strengthen oversight of the PALM scheme, including minimum hour requirements and income guarantee, enhancing conditions and support for PALM workers. PALM scheme employers must comply with the Modern Slavery Act 2018 (Cth) (Modern Slavery Act), related state or territory legislation, the Criminal Code, and additional relevant Government obligations. PALM scheme workers have the same workplace rights and protections as Australian workers. The Government is considering gender equality, disability, social inclusion and GBV in the scheme.

Measures to implement the Modern Slavery Act

116. The Modern Slavery Act (commenced 1 January 2019) requires certain large businesses and other entities, undertaking business in Australia, to report annually to the Government on their actions to assess and address the risks of modern slavery in their operations and supply chains.
117. Modern slavery statements are normally published (public) online on the Modern Slavery Statements Register (the Register).
118. As at 10 October 2024, over 11,500 statements have been published on the Register, covering entities headquartered in more than 60 countries. There have been over 5.1 million searches on the Register.
119. The Modern Slavery Act requires the Government to report annually to the Australian Parliament about its actions to implement the legislation. To date, 4 annual reports have been tabled and published. The Government must prepare an annual modern slavery statement setting out Government efforts to assess and address modern slavery risks in its operations and supply chains.²⁸
120. In 2024-25, the Government announced $2.5 million investment over 2 years to review Commonwealth procurement procedures and supply chains for modern slavery risks.

Support for Trafficked People Program

121. The Government committed $24.3 million to the STPP (2023-24 to 2026-27) to meet needs of victim‑survivors and introduce a referral pathway allowing people to access the program without having to engage with the AFP. From 1 July 2023:
     • victim-survivors referred to the STPP receive a minimum of 90-days support, irrespective of their willingness or unwillingness to participate in the criminal justice process;
     • additional support available for dependents of victim-survivors;
     • financial support available to visa holders matching financial support to those who can access Government social security payments;
     • after leaving the STPP, victim-survivors who remain in Australia can check in with a caseworker at 3, 6 and 12 months.
122. The Department of Home Affairs (Home Affairs) administers the Government's Human Trafficking Visa Framework, enabling foreign nationals not holding a valid visa and suspected victims of human trafficking and slavery, to remain in Australia lawfully - temporarily or permanently.

Early identification and referral of victims of trafficking

123. The AFP's 'Look a Little Deeper' (commenced 2018) program on human trafficking and other modern slavery offences, aims to raise awareness for frontline officers, first responders and other government agencies.
124. In 2022-23 financial year, AFP delivered program presentations to 2,081 persons. E-learning material is available for AFP members and adopting agencies.

De-criminalising sex work

125. Under Australia's federal system of government, each state and territory manages their own criminal law and related systems. The decriminalisation of sex work falls under state and territory responsibility.
126. Across Australian jurisdictions there are 3 legislative approaches to sex work – legalisation, decriminalisation and criminalisation. Consensual adult sex work is legalised in the ACT through a licensing model (sole operator sex workers are not required to hold a licence), street-based solicitation remains criminalised. Aspects of sex work for self-employed sex workers have been legalised in TAS. SA and WA have fully or partially criminalised this form of work. NSW decriminalised sex work in 1995, NT in 2019, VIC in 2022 and QLD in 2023.
127. Decriminalisation models recognise sex work as a legitimate profession regulated through standard business law, rather than through licencing and criminalisation. The VIC model contains provisions preventing the discrimination of sex workers on the basis of their 'profession, trade or occupation'.²⁹

Addressing sexual servitude and exploitation

128. The National Action Plan to Combat Modern Slavery 2020-25 (National Action Plan) provides the strategic framework for Australia's response to modern slavery, including human trafficking, slavery and slavery‑like practices. The Criminal Code criminalises human trafficking, slavery and slavery-like practices in all industries, including the sex industry.
129. On 28 May 2024, the Australian Parliament passed the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023, establishing the Australian Anti-Slavery Commissioner as an independent statutory office holder. On 2 December 2024, Mr Chris Evans commenced a 5 year term as the inaugural Australian Anti-Slavery Commissioner, following a merit-based selection process.
130. The Anti-Slavery Commissioner will further strengthen the work undertaken across government, business and civil society to prevent and respond to modern slavery by supporting victims and survivors, raising community awareness and helping business address the risk of modern slavery practices in their operations and supply chains.

3 Year Review of Modern Slavery Act

131. On 25 May 2023, the report of the 'statutory review of the Modern Slavery Act 2018 (Cth): the first 3 years', was tabled in the Australian Parliament. On 2 December 2024, the Government released its response to the report. The response agrees in full, part, or in-principle, to 25 of the 30 recommendations, in line with the Government's commitment to strengthening the Modern Slavery Act, including by increasing the clarity of reporting obligations and simplifying the regulatory framework.

Implementation of the National Plan to Combat Modern Slavery 2020‑25

132. The National Action Plan underpins the whole-of-government strategic framework for Australia's efforts to combat modern slavery over 2020-25 and includes 46 actions in support of 5 National Strategic Priorities - prevention; disruption, investigate and prosecute; support and protect; partner; and research.
133. All 46 action items have either been completed or are in progress and on track for implementation by the term of the National Action Plan in 2025. The National Action is underpinned by an evaluation framework managed by the AIC.

Support for victims of trafficking

134. A priority under the National Action Plan is to provide holistic, tailored support and protection that meets the needs of victims and survivors of modern slavery.
135. Compensation for victims of crime is traditionally a matter for the states and territories under Australia's federated justice system. Under the National Action Plan, the Government is undertaking a review of state and territory victims of criminal financial assistance schemes and their availability for victims and survivors of modern slavery.
136. The Government provides victims of modern slavery with access to civil mechanisms, including the Fair Work Ombudsman and Fair Work Commission, and the ability to pursue civil and administrative remedies, including for unpaid wages and entitlements, irrespective of their nationality or visa status.
137. Courts in Australia may order offenders convicted of a federal offence to make reparation to victims for loss suffered or expense incurred by reason of the relevant offence under the Crimes Act 1914 (Cth).