Domestic Trafficking in Persons – Recklessness as to Exploitation
Domestic trafficking in persons – recklessness as to exploitation is an offence under section 271.5(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You organised or facilitated the transportation, or proposed transportation, of another person from one place in Australia to another place in Australia, and
- In doing so, you were reckless as to whether the other person would be exploited.
‘Exploitation’ is conduct causing the other person to enter into slavery, or a condition similar to slavery, or servitude, forced labour, forced marriage or debt bondage.
You were ‘reckless’ if you were aware there was a substantial risk that the other person would be exploited and it was unjustifiable to take that risk, but you went ahead with your actions regardless.
Defences to the charge include:
- Duress
- Self-defence, and
- Necessity.
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