Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Australie

Convention (n° 29) sur le travail forcé, 1930 (Ratification: 1932)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National policy and systematic and coordinated action. The Committee notes from the Government’s report the comprehensive national legal and policy framework to prevent and eliminate forced labour, which includes statutory laws (Divisions 270 and 271 of the Criminal Code; the Modern Slavery Act; the Fair Work Act; and the Migration Act); and the National Action Plan to Combat Modern Slavery 2020–2025. This framework also includes different institutional bodies such as the Interdepartmental Committee on Human Trafficking and Slavery, responsible for overseeing its implementation; the National Roundtable on Human Trafficking and Slavery, which is a consultative body that brings together relevant Government departments, business, unions and civil society organizations; the Modern Slavery Experts Advisory Group, which advises the Government on issues around the operation of the Modern Slavery Act 2018; and the National Workplace Relations Consultative Council, which allows the Government, workers and employers to consult on workplace relations and work health and safety matters of national concern, including on issues relating to forced labour. The Committee also welcomes the appointment of an independent Australian Anti-slavery Commissioner in 2024, under the Modern Slavery Act, and his Strategic Plan 2025–2028. At the state level, the Government indicates that in New South Wales, the Modern Slavery Act (NSW) 2018 was amended in 2021 to create an independent statutory Anti-slavery commissioner and to introduce new offences relating to modern slavery.

In response to the Committee’s request for information on the implementation of the National Action Plan, the Government provides detailed information on: (i) nation-wide training and awareness-raising activities involving law enforcement officers (immigration and border officers, workplace inspectors, human trafficking specialist investigators, as well as overseas consular officers); (ii) a targeted review of Divisions 270 and 271 of the Criminal Code, informed by public consultations, to provide clarity on ambiguous elements of the slavery-like offences; (iii) the review of the operation of the Modern Slavery Act in 2022; (iv) a review of the Australia’s visa framework to identify and reduce vulnerabilities to modern slavery; (v) the creation of a research network to promoted collaboration on modern slavery research; and (vi) the establishment of the Human Trafficking and Modern Slavery Dataset to inform the evaluation of the National Action Plan.

The Committee welcomes the comprehensive, systematic and consultative approach embedded in its national policy to combat forced labour. In this regard, the Committee requests the Government provide information on the final assessment of the implementation of the National Action Plan to Combat Modern Slavery 2020–25 undertaken as part of the Plan’s Monitoring and Evaluation Framework, including information on further actions taken to address persisting challenges, following the conclusion of the Plan’s implementation period. It also requests the Government to continue providing information on the measures taken to eliminate forced labour in the different states and territories, as well as on the activities carried out by the Australian Anti-slavery Commissioner to implement his Strategic Plan 2025–2028.

Article 1(3) of the Protocol and Article 25 of the Convention. Prosecution and application of effective sanctions. In relation to the application of Divisions 270 and 271 of the Criminal Code, the Committee notes the Government’s indication that: (i) between 1 July 2020 and 30 June 2023, the Australia Federal Police (AFP) received or initiated 858 new reports relating to human trafficking and slavery; (ii) from 1 July 2020 to 30 June 2024, the Office of the Director of Public Prosecutions commenced a total of 23 prosecutions for human trafficking and slavery; (iii) during the financial year 2023–24, there were 26 prosecutions before the Court; and (iv) from the criminalization of human trafficking and slavery in 2004, a total of 2,370 reports related to human trafficking and forced labour offences have been received by the AFP, while 33 people have been convicted for those offences. The Committee also notes that the AFP adopted a Human Trafficking and Slavery Strategic Plan 2023–2026 to ensure a coordinated police response to modern slavery offences.

In its report, the Government emphasizes that human trafficking and modern slavery offences require high evidentiary thresholds and that it takes on average, 3 years 9 months for matters to progress from the first court date to finalization, with most of these matters going to appeal. In this regard, the Committee notes from the Findings Report issued by the Attorney-General’s Department on the Targeted Review of Modern Slavery Offences in Divisions 270 and 271of the Criminal Code Act, 1995, that the few convictions under Divisions 270 and 271 likely reflect, to some degree, under-detection and reporting of this crime type, which often rely on victim and survivor testimony as an important source of evidence. The Findings Report also indicates that some stakeholders, including criminal justice practitioners, have noted that the existing legal framework for trafficking offences in the criminal legislation is complex, with 23 separate trafficking in persons offences in Division 271; and that this poses challenges requiring police and prosecutors to neatly fit a victim and survivor’s unique circumstance into a specific, narrow offence. It further highlights that some stakeholders expressed that the lack of clarity about key terms can also preclude understanding of whether a particular conduct would be captured under the Divisions 270 and 271 offences. The Committee takes due note of the efforts of the Government to improve the enforcement of its criminal legislation against forced labour, including trafficking in persons, and requests it to provide information on the measures taken to address the findings of the targeted review of Divisions 270 and 271 of the Criminal Code Act. It also requests the Government to continue providing information on the number of prosecutions carried out and convictions imposed under Division 270 and 271 of the Criminal Code.

Article 2 of the Protocol. Preventive measures. Clause e). Supporting due diligence by both the public and private sectors to prevent and respond to risks of forced and compulsory labour. In relation to the application of due diligence and reporting obligations under the Modern Slavery Act, the Committee notes that, as of November 2025, 25,735 entities have made statements: 14,136 mandatory and 956 voluntary statements that are published in the Modern Slavery Statements Register. It also notes that, in 2022, the Government undertook a statutory review of the Modern Slavery Act 2018 which involved nation-wide consultations that included business, civil society and the academia. The results of the review were published in a report that contains 30 recommendations for the Government to improve effectiveness of the Act. These include the introduction of a new penalty regime for non-compliance, and due diligence requirements for entities required to report on actions to address risks of modern slavery in their operations and supply chain. The Committee notes from the Government’s response to the review report of the Modern Slavery Act (published in December 2024), that the Government would consult with stakeholders on the introduction of penalties into the Act, and review guidance for reporting entities to submit their modern slavery statements. The Committee further notes the adoption of new procurement rules and procedures, both at the Commonwealth and state/territory level (New South Wales, Tasmania, and the Australian Capital Territory), aimed at preventing and deterring forced labour through the supply chains. It further notes the adoption of the Commonwealth Supplier Code of Conduct, which requires suppliers to take all reasonable efforts to ensure that they are not contributing directly or indirectly to modern slavery practices in their supply chains. The Committee welcomes the continued efforts of the Government to support due diligence by both public and private to prevent and respond to risks of forced labour and requests the Government to continue providing information on the number of entities required to report under the Modern Slavery Act, including examples of actions taken by such entities to address risks of forced labour in their operations. The Committee also requests the Government to continue providing information on the measures taken to address the recommendations of the 2023 review report of the Modern Slavery Act.

Article 3 of the Protocol. Identification, protection, recovery and rehabilitation of victims. The Committee notes the Government’s information about different training initiatives to support frontline officials and investigators to identify, investigate and refer suspected cases of forced labour. In 2023, the Government increased the support allocated to the Support for Trafficked People Programme (STPP), to increase the minimum length of time people can receive support without engaging in a criminal justice procedure, and to provide additional types of support for victim and survivors with dependants. A total of 480 persons have received support under the STTP from 2022 to 2024. The Committee also notes that the Human Trafficking Visa was introduced for non-citizens victims of human trafficking assessed by AFP who do not hold a valid visa to stay in Australia. An initial visa is valid for up to 45 days and can be extended to a longer term to assist with an investigation or give evidence in a court hearing. Under this framework, between 1 July 2020 and 30 June 2024, Home Affairs granted a total of 79 visas to non-citizens, or their dependants, who were suspected victims of human trafficking and modern slavery. The Government further indicates that, in 2024–25, an additional Referral Pathway Pilot was implemented to allow victims and survivors who have experienced modern slavery to access STPP without needing to initially engage law enforcement. The Committee encourages the Government to continue taking measures to ensure the provision of appropriate assistance and support to victims of forced labour, including by strengthening the capacities of service providers to deliver appropriate care services to victims. It also requests the Government to continue providing information on the results of the implementation of the Referral Pathway Pilot and other measures adopted to strengthen protection of victims of forced labour.

Article 4. Access to appropriate and effective remedies, including compensation. The Committee notes the Government’s indication that victims of modern slavery have access to civil mechanisms, such as FWO and Fair Work Commission, and can pursue civil and administrative remedies, including for unpaid wages and entitlements, irrespective of their nationality or visa status, or presence in Australia. In 2024, FWO recovered wages for 163 employees who were temporary visa holders. In the same year, a court granted compensation for underpayments and non-economic loss for Filipino, Chinese and Indonesian workers on student or employer-sponsored visas. In cases when migrant workers have returned to their countries, FWO has arranged back pay to be sent to such workers in accordance with a payment plan. The Committee also notes that compensation for victims of crimes has traditionally been a matter for the states and territories. Each jurisdiction has a victim of crime compensation scheme, most of which may be available to victims of forced labour. In New South Wales, the Anti-slavery Commissioner is mandated to provide assistance and support to victims of modern slavery, including by making referrals to legal representatives who can assist victims to seek compensation and support from the Victims’ Rights and Support Act 2013 (Division 5), which includes recognition payments that is not conditional on a charge or conviction. Likewise, in South Australia, victims of crime can apply for compensation on the basis of section 17 of the Victims of Crime Act 2001, which provides that a person is eligible to claim statutory compensation for injury caused by an offence if the person is an immediate victim of the offence and the offence involved the use of violence or threat of use of violence. In this regard, the victim does not necessarily need to know who the offender was or wait for the offender to be convicted to apply for compensation. The Government further indicates that existing remedies and assistance schemes for victims of modern slavery, both at the state and territory levels, are to be reviewed under the National Action Plan. The Committee requests the Government to provide information on the outcomes of the review of existing remedies and existing schemes for victims of modern slavery undertaken under the National Action Plan. It also requests the Government to continue to provide information on measures taken to assist victims of forced labour to request for state compensation, including information on the number of victims that have received such compensation disaggregated by state/territory.