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Domestic Trafficking in Persons

Domestic trafficking in persons is an offence under section 271.5(1) 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:

  1. You organised or facilitated the transportation, or proposed transportation, of another person from one place in Australia to another place in Australia
  2. You used a threat, coercion or deception to do so, and
  3. Your threat, coercion or deception resulted in the other person’s compliance.

A ‘threat’ includes that of any detrimental action unless there are reasonable grounds for that action, it may be express or implied, conditional or unconditional.

‘Coercion’ includes force, duress, detention, psychological oppression, abuse of power or taking advantage of the other person’s vulnerability.

‘Deception’ means to mislead as to fact, including as to the intention of any person,or as to law, and can occur by words or other conduct.

Defences to the charge include:

  1. Duress
  2. Self-defence, and
  3. Necessity.

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