Courtroom protections
Australia’s Crimes Act 1914 and Criminal Code provide protections that may be available to people who have experienced modern slavery, when giving evidence in court.
Under Part IAD of the Crimes Act and Division 279 of the Criminal Code, there are additional protections for people who have experienced modern slavery. For example, a person may be able to:
- give evidence via closed-circuit television or video
- have a support person with them while they give evidence
- have their contact with the defendant (the alleged offender) and members of the public limited.
Section 15YR of the Crimes Act makes it an offence to publish material identifying a person who has experienced modern slavery in certain circumstances.
The Australian Government is legislating further protections to better support people who have experienced modern slavery in the criminal justice system.
Visit the Commonwealth Director of Public Prosecutions’ website to find out more about:
- Australia’s Victims of Crime Policy
- the Prosecution Policy of the Commonwealth
- the Commonwealth Director of Public Prosecutions’ Witness Assistance Service.
Migration laws
Australia’s Migration Act 1958 includes offences that make it against the law to recruit or make a non‑citizen work in Australia in breach of a visa condition.
From 1 July 2024, under the Migration Act:
- It is a criminal offence to coerce someone into breaching their visa condition or to use a person’s migration status to exploit them in the workplace.
- Prohibition notices can be issued to stop employers who have exploited migrants from hiring more people on temporary visas.
- There are stronger reporting protections to address fears that reporting exploitation or seeking a remedy will result in visa cancellation.
Read more about specific visas for people experiencing modern slavery or workplace exploitation in support and protection.
Workplace laws
Australia’s Fair Work Act 2009 authorises the Fair Work Ombudsman to enforce compliance with the Fair Work Act and fair work instruments.
The minimum wages, conditions and protections in the Fair Work Act and other regulations apply to all employees in Australia’s national workplace system. This includes migrant workers and international students.
Read more information for visa holders and migrants on the Fair Work Ombudsman’s website
Marriage laws
Australian law makes it clear that marriage in Australia must be entered into voluntarily:
- The marriageable age in Australia is at least 18 years old. A person aged 16 or 17 can apply for a court order authorising them to marry a particular person who is over 18.
- Two people under the age of 18 cannot marry under any circumstances. A person under the age of 16 cannot marry under any circumstances.
- Each person must freely and genuinely consent to the marriage and understand what marriage means.
- Consent cannot be given by someone else such as a parent or guardian and is not considered real if obtained by duress.
- If you do not consent to the marriage, you should tell your celebrant in the private meeting you will have before the marriage, or any time when you feel safe to do so. Your celebrant can give you information about where you can get help.
- A celebrant should not marry a couple if they believe the consent of either person is not real consent.
If someone is forced into a marriage under duress, only a Court may declare the marriage invalid.
Proceeds of Crime
Australia’s Proceeds of Crime Act 2002 provides a scheme for tracing, restraining and confiscating the proceeds of crimes against Australian law, including modern slavery offences. These proceeds can then be returned to the Australian community through the funding of anti-crime initiatives.
Need urgent help? If you or someone you know is not safe, or it is an emergency, phone Triple Zero (000) and ask to speak to the police. You can ask for an interpreter if you need one.
