Slavery, servitude and child forced labour
93AB Slavery, servitude and child forced labour
A person is guilty of an offence if, in New South Wales—
the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the person is held in slavery or servitude, or
the person requires a child to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the child is being required to perform forced or compulsory labour.
Maximum penalty—imprisonment for 25 years.
For the purposes of subsection (1) (b), forced or compulsory labour does not include—
work or service normally required of a child who is under detention because of a court order or who, under a court order of this or another jurisdiction, has been conditionally released from detention or ordered to perform work in the community, or
work or service required because of an emergency threatening the New South Wales community or a part of the New South Wales community, or
work or service that forms part of normal civil obligations.
In determining whether a person is being held in slavery or servitude or a child is required to perform forced or compulsory labour, regard may be had to all the circumstances.
For example, regard may be had to the following—
to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons,
to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation,
the coercion, threat or deception involved,
without limiting paragraph (c), whether the person has been coerced, threatened or deceived into doing anything which involves the supply or sale of the person’s tissue (within the meaning of the Human Tissue Act 1983).
The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the child to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or the child is required to perform forced or compulsory labour.
In this section—
servitude has the meaning it has in section 270.4 of the Commonwealth Criminal Code.
slavery has the meaning it has in section 270.1 of the Commonwealth Criminal Code.
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