Facing charges of Human Trafficking or Slavery in Qld?
When your job, reputation, and future are at risk, urgent advice from our leading Brisbane criminal lawyers is critical.
Early steps affect the outcome.
or
Choosing the best Human Trafficking & Slavery lawyer in Qld
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.
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
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.