Criminal Code Act 1995

For the purposes of proceedings for a slavery‑like offence, the trier of fact may have regard to any of the matters covered by subsection (2) in determining whether, in relation to a person (the alleged victim) against whom the offence is alleged to have been committed:

in the case of an offence against this Subdivision—the alleged victim has been coerced, threatened or deceived; or

in the case of an offence against section 270.5—the alleged victim was significantly deprived of personal freedom; or

in the case of an offence against section 270.7B—the alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or

in the case of an offence against section 270.7C—another person has caused the alleged victim to enter into debt bondage.

The following matters are covered by this subsection:

the economic relationship between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;

the terms of any written or oral contract or agreement between the alleged victim, the alleged offender or a family member of the alleged victim or alleged offender, and any other person;

the personal circumstances of the alleged victim, including but not limited to:

whether he or she is entitled to be in Australia under the Migration Act 1958; and

his or her ability to speak, write and understand English or another language; and

the extent of his or her social and physical dependence on the alleged offender or any other person.

Subsection (1) does not:

prevent the leading of any other evidence in the relevant proceedings; or

limit the manner in which evidence may be given or the admissibility of evidence.

In this section:

the person’s spouse or de facto partner; or

a parent, step‑parent or grandparent of the person; or

a child, step‑child or grandchild of the person; or

a brother, sister, step‑brother or step‑sister of the person; or

a guardian or carer of the person.

For the purposes of this section, the family members of a person are taken to include the following (without limitation):

a de facto partner of the person;

someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;

anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.