Glossary of terms

Aggravated offence 

An aggravated offence is one which attracts a harsher penalty because of the circumstances of the offending. The trafficking in persons and slavery-like practices offences under the Criminal Code may be aggravated in particular circumstances, including where the victim is under the age of 18, or where the offender subjected the victim to cruel, inhuman or degrading treatment.

Best interests of the child 

The fundamental principle in international and Australian law concerning children is that all decisions made and actions taken should be in their ‘best interests’. The ‘best interests of the child’ is a doctrine used by courts and other decision-makers to determine issues relating to the well-being of children. In determining what is in a child’s best interests, a court or decision-maker should consider the needs, wishes and feelings of the child, and ensure that the human rights of the child are at the forefront of consideration. Although the views of a child need to be considered, acting in their best interests may sometimes involve going against their wishes. 

Child 

A child is anyone under 18 years old. A child victim of modern slavery is anyone who was under the age of 18 at the time of the offence. 

Coercion 

The Criminal Code defines ‘coercion’ to include force, duress, detention, psychological oppression, abuse of power, and taking advantage of a person’s vulnerability. An offender may use physical or non-physical coercion.

Criminal Code 

The Criminal Code criminalises trafficking in persons (including trafficking in children and trafficking for the purpose of organ removal), slavery, servitude, forced labour, forced marriage, deceptive recruiting for labour or services, debt bondage, and harbouring a victim. Australia’s slavery offences apply to conduct within or outside of Australia, and whether or not the offender is an Australian citizen, resident or body corporate. Australia’s offences for trafficking in persons (other than domestic trafficking) and slavery-like practices can apply where the conduct occurred in Australia, or where the conduct occurred outside Australia but the offender was an Australian citizen, resident or body corporate. 

Critical consciousness 

Level of consciousness and action that encourages all participants to be aware of power imbalances, inequalities and biases, and can produce the potential for change.

Cross-examination 

When a witness is asked questions about their evidence by a lawyer acting for the opposing side or party. 

Cultural awareness 

Cultural awareness is sensitivity to the similarities and differences that exist between different cultures, and the use of this sensitivity in effective communication with members of another cultural group.

Cultural competence 

Cultural competence means becoming aware of the cultural differences that may exist, appreciating and understanding those differences, and accepting them. It also means being prepared to guard against accepting your own behaviours, beliefs and actions as the norm.

Cultural safety 

An environment that is safe for people: where there is no assault, challenge or denial of their identity, of who they are and what they need. Cultural safety is about shared respect, shared meaning, shared knowledge and experience of learning, living and working together with dignity and true listening. It empowers people and enables them to contribute and feel safe to be themselves.

Deception 

The Criminal Code defines ‘deception’ to mean to mislead as to fact (including the intention of any person) or as to law, by words or other conduct.

Informed consent 

When a person is fully informed about the potential risks, benefits and implications of a decision, and voluntarily agrees to it without any coercion or pressure. It requires that the person has a clear understanding of the information provided and the freedom to make their own choice. 

Intersectionality 

A recognition that aspects of a person’s identity, such as gender, ethnicity, nationality, migration status, socioeconomic status, language and religion, can create overlapping and independent systems of discrimination or disadvantage.

Learnt expertise 

Knowledge that has been gained through research, listening to accounts of modern slavery first-hand, and working in the field. Lived experience Lived experience is knowledge that has been gained through direct and first-hand experiences of modern slavery. 

Lived experience-centred approach 

A lived experience-centred approach is a way of engaging with people with lived experience of modern slavery that prioritises listening to them, avoids re-traumatisation, and systematically focuses on their safety, rights, well-being, expressed needs, and choices, thereby giving back autonomy to the person and ensuring the empathetic and sensitive delivery of services and accompaniment in a non-judgemental manner.

Lived experience advocate 

A person with lived experience of modern slavery who advocates for changes to current responses to modern slavery.

Lived experience leader 

A person with lived experience who is a professions innovator and demonstrates leadership to their peers and colleagues in the field of anti-slavery and efforts to address modern slavery.

Lived expertise 

Using lived experience to provide unique, expert insight to inform policy, service and program development and delivery based on first-hand knowledge. Working with people in or at risk of modern slavery

Migrant worker 

A migrant worker is a person who works, has been working, or will work in a remunerated activity in a country where they are not a national. 

Meaningful engagement 

Ensuring that people who have been impacted by an issue are involved meaningfully in developing, implementing, and evaluating the effectiveness of strategies to address the issue. 

Meaningful engagement has a specific connotation in the corporate sustainability due diligence context, and places certain positive obligations on businesses who may be subject to relevant directives (for example, Directive (EU) 2024/1760 of the European Parliament and of the Council). The term, as used in this document, is not intended to reflect this particular connotation. 

The UNGPs recommend that meaningful engagement also include those potentially affected by an issue. However, the focus of these Guidelines, is on working with people who have experienced modern slavery. 

Modern slavery 

‘Modern slavery’ is an umbrella term that refers to a range of serious exploitative practices, including trafficking in persons, slavery and slavery-like practices. Although these practices differ, they all involve the control and manipulation of complex relationships between an exploiter/offender and a victim. This control undermines a person’s freedom and ability to make independent choices through the use of threats, violence, coercion, deception, and the abuse of power. 

Slavery 

The Slavery Convention defines ‘slavery’ as the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. 

Slavery-like practices 

Slavery-like-practices involve exploitation so serious that it is considered similar to slavery. Slavery-like practices criminalised in Australia are forced labour, forced marriage, servitude, debt bondage and deceptive recruiting for labour or services. 

Trafficking in persons 

The Trafficking Protocol defines ‘trafficking in persons’, as the recruitment, transportation, transfer, harbouring or receipt of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for, the purpose of exploitation.

National Roundtable on Human Trafficking and Slavery 

The National Roundtable on Human Trafficking and Slavery was established in 2008 and brings together NGOs, unions, academics, industry members and Australian Government departments. It acts as the Australian Government’s primary mechanism to consult key stakeholders on modern slavery issues. 

Normative framework 

A normative framework is a set of societal rules and values that guide behaviours and interactions within a community or organisation.

Peer support 

Peer support is a system of giving and receiving help founded on key principles of respect, shared responsibility, and mutual agreement on what is helpful. It is about understanding another’s situation empathically through the shared experience of emotional and psychological pain.

Person with lived experience of/who has experienced/survivor of – modern slavery 

Someone who has personal knowledge of modern slavery gained through direct, first hand involvement.

Personal information 

Under the Privacy Act 1988 (Cth), ‘personal information’ is information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Repatriation 

Repatriation is the return of a person who has experienced modern slavery to their country of nationality. 

Subpoena 

A subpoena is a court order to produce documents and/or notice to attend court and give evidence. 

Serious exploitation 

The act of taking advantage of something or someone, in particular the act of taking unjust advantage of another for one’s own benefit (i.e for practices of slavery, slavery-like practice and trafficking in persons).

Sensitive information 

‘Sensitive information’ is a subset of personal information that includes health information and information about an individual’s political opinions and religious or philosophical beliefs. The Privacy Act generally affords a higher level of privacy protection to sensitive information than to other personal information.

Threat 

The Criminal Code defines ‘threat’ to mean a threat of coercion, or a threat to cause a person’s deportation or removal from Australia, or a threat of any other detrimental action, unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by the person. This includes a threat made by any conduct, whether express or implied and whether conditional or unconditional.

Tokenistic engagement 

Tokenistic engagement can refer to actors and organisations claiming engagement without real opportunities for people who have experienced modern slavery to offer input, challenge, make decisions and transform practice.

Trauma-informed practice 

Practice that integrates and understands trauma and its effects, and paths to recovery. It seeks to avoid harms and to promote safety, healings and empowerment. 

Vicarious trauma 

Indirect exposure to other people’s trauma, including through exposure to written or visual details of traumatic events, that has a harmful effect on mental health.