John Madigan (Victoria, Democratic Labor Party) Share this | Hansard source

by leave—I move amendments (1) to (4) on sheet 7333 together:

(1) Schedule 1, item 8, page 4 (after line 21), after the definition of servitude in section 270.1A, insert:

  sexual servitude has the meaning given by section 270.4A.

(2) Schedule 1, item 8, page 4 (after line 25), after paragraph (a) of the definition of slavery-like offence, insert:

  (aa) section 270.5A (sexual servitude offences);

(3) Schedule 1, item 12, page 6 (after line 9), after section 270.4, insert:

270.4A Definition of sexual servitude

(1) For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of coercion, force or threats:

  (a) is not free to cease providing sexual services; or

  (b) is not free to leave the place or area where the sexual services are provided.

(2) Subsection (1) applies whether the coercion, force or threat is used against the victim or another person.

(3) The victim may be in a condition of servitude whether or not:

  (a) escape from the condition is practically possible for the victim; or

  (b) the victim has attempted to escape from the condition.

(4) Schedule 1, item 12, page 7 (after line 12), after section 270.5, insert:

270.5A Sexual servitude offences

(1) A person:

  (a) whose conduct causes another person to enter into or remain in sexual servitude; and

  (b) who intends to cause, or is reckless as to causing, that sexual servitude;

is guilty of an offence.

Penalty:

  (c) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or

  (d) in any other case—imprisonment for 15 years.

(2) A person:

  (a) who conducts any business that involves the sexual servitude of other persons; and

  (b) who knows about, or is reckless as to, that sexual servitude;

is guilty of an offence.

Penalty:

  (c) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or

  (d) in any other case—imprisonment for 15 years.

(3) In this section:

  conducting a business includes:

  (a) taking any part in the management of the business; or

  (b) exercising control or direction over the business; or

(c) providing finance for the business.

Whilst I and the DLP support the bill, we have serious concerns, as I have said previously, about what we believe will be its unintended consequences. We believe that the amendment differentiates in the case of assault and sexual assault, harassment and sexual harassment. Why should there not be a clear differentiation between servitude and sexual servitude? I remind the Senate that sexual servitude is an extremely serious offence and deserves legislative recognition and that 70 per cent of human trafficking cases involve sexual servitude.