Legislation
Name the TWO Commonwealth Criminal Code divisions that criminalise slavery and human trafficking
Divisions 270 and 271 of the Commonwealth Criminal Code Act (1995)
Give the umbrella term that includes trafficking, forced marriage, debt bondage, and foced labour
Modern Slavery
Which 1948 international instrument and its specific article prohibit slavery and servitude?
Universal Declaration of Human Rights (1948) Article 4
In what year did Australia ratify the Trafficking Protocol?
2005
According to Global estimates, approximately how many people are living in modern slavery?
Approximately 50 million people
What is the range of penalties (minimum and maximum in years) mentioned for offences under Divisions 270-271 of the Commonwealth Criminal Code
From 4 years (debt bondage) to 25 years (slavery/trafficking in children
What is the main difference between 'modern slavery' and historical slavery?
Modern slavery is an umbrella term based on exploitation that covers contemporary practices (trafficking, forced marriage, debt bondage) contrasted with historical slavery (eg transatlantic trade) where people were treated as property
What is the full title (short form accepted) of the 2000 international instrument that provides the first internationally recognised definition of human trafficking?
The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Trafficking Protocol)
What 2018 Australian law requires some businesses to report on risks of modern slavery in supply chains?
Modern Slavery Act (2018) (Cth)
What is the estimated number of people living in modern slavery in Australia?
Approximately 41,000 people
Identify ONE protection introduced for vulnerable witnesses in Australian law that helps trafficked persons give evidence
ONE of the following:
Giving evidence by closed-circuit television, video-link or pre-recorded statement, having a support person and limits on contact with the accused
Between which centuries did the transatlantic slave trade operate?
17th to early 19th century
List TWO obligations the Trafficking Protocol requires of state parties (brief phrases)
TWO of the following:
Criminalise trafficking, develop anti-trafficking laws, undertake research, information and mass media campaigns, implement social and economic itiatives to prevent trafficking
Name ONE legislative amendment or Act (Post 2008) that increased protections or penalties related to forced marriage or trafficking in Australia
ONE of the following:
Vulnerable Witness Act (2013)
Crimes Legislation Amendment (Powers and Other Measures) Act 2015
Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999
Name the country identified as the last to officially abolish slavery and briefly note one continuing problem
Mauritania - laws criminalising slavery exist but are not effectively implemented - decent based slavery continues
Explain briefly how state sovereignty is used to implement international obligations on human trafficking in domestic law (2 - 3 sentences)
States use SS to enact domestic legislation (eg criminal code divisions) and amend statutes to fulfil treaty obligations, thereby translating international legislation into enforceable national law
Name TWO slavery-like practices that the 1956 Supplementary Slavery Convention expanded to include
Debt bondage and forced marriage (also certain instances of child exploitation)
Name TWO other international treaties (besides the Trafficking Protocol and the UDHR) referenced as relevant to freedom from slavery and decent work
ICCPR (International Covenant on Civil and Political Rights) and ICESCR (Internation Covenant on Economic, Social and Cultural Rights)
Summarise (2 - 3 sentences) how the R v Tang (2008) decision prompted legislative change in Australia
R v Tang (2000) exposed gaps in the Criminal Code's treatment of debt and servitude and parliament amended the Criminal Code to create an offence of debt bondage and to clarify definitions to capture a broader range of exploitative conduct
Is modern slavery increasing or decreasing globally?
Increasing
Describe the legal significance of R v Tang (2008) HCA for Australian domestic law on slavery
R v Tang (2008) HCA was the first slavery conviction in Australia; it clarified the legal definition of slavery and led parleament to introduce a discrete offence of debt bondage
Define 'debt bondage'
When a person pledges personal services as security for a debt and the debt is manifestly excessive
Explain in 2 to 3 sentences who the Trafficking Protocol is considered an important development for victim identification and prosecution
It provides a legally recognised definition of trafficking, aiding consistent victim identification across states and obliging parties to criminalise trafficking and implement prevention and protection measures
Explain how the Commonwealth Criminal Code and common law interact to address human trafficking in Australia (2 - 3 sentences)
The Criminal Code creates statutory offences (Divisions 270 and 271) while Common Law decisions like (R v Tang) interpret and clarify concepts prompting statutory reform - together they form the legal framework to presecute and define slavery-related crimes
Provide ONE reason why law reform has not led to universal protection from human trafficking and modern slavery
ONE of the following;
Despite extensive international and domestic law reform, there are enforcement gaps including underreporting, lack of implementation, poverty and demand for cheap labour