LAWS609 - Modern Slavery and the Law

Year

Credit points

Campus offering

Prerequisites

Nil

Teaching organisation

4 hours per week for twelve weeks or equivalent.

Unit rationale, description and aim

This unit is designed to help students gain a better understanding of modern slavery that render people across the globe subjected to inhuman, degrading and sternly exploitative working and living conditions. It will present the various categories of offences that fall within the umbrella of modern slavery. These offences include trafficking in persons; human exploitation in the context of labour such as, forced labour, debt bondage and other practices similar to slavery; sexual exploitation, removal or organs and, child exploitation. Considering these offences are one of the global challenges of our times, this unit will help students identity and analyse the applicable legal and policy responses with a focus on Australia's framework but using comparative international legal analysis. It will provide a clear understanding of the factors that push or pull vulnerable people into a position of modern slavery and risks in business and supply chains to be followed by the responses being made or ought to be made to prevent modern slavery and protect and assist those affected.

The unit will teach students:

• the meaning and categories of modern slavery offences;
• the myths and realities of modern slavery offences 
• the extent, underlying causes and consequences of modern slavery offences globally and in Australia;
• the existing legal and policy framework, and institutional approaches to address the human and social problems of modern slavery;
• to critically evaluate the criminal justice response and other measures, including victim identification, crime prevention, prosecution and victim support and protection available to those subjected to modern slavery;
• the key legal and policy issues arising in preventing modern slavery offences, prosecuting perpetrators and exploiters, and protecting victims; and
• the roles and responsibilities of State and non-state actors, with a focus on big companies who have a reporting obligation (pursuant to the Australian Modern Slavery Act) to ensure there is no risk of modern slavery in their operations and supply chains.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Content

Topics will include:

Conceptualising Modern Slavery: Introduction to key concepts and themes 

Categories of Modern Slavery Offences

o  Exploitation in the context of labour

o  Exploitation in the context of sexual activity

o  Removal of organs

o  Child exploitation/trafficking

Indicators of Modern Slavery Offences: vulnerability and risk factors

Legal and Policy Responses to Contemporary Human Exploitation Offences

o  The existing international legal framework and responses

o  Australia's legal framework, institutions and measures to combat modern slavery

Understanding the Australian Modern Slavery Act and the Reporting Obligations

The Roles and Legal Responsibilities of Stakeholder

o  What are the various actors in regulating and enforcing modern slavery laws?

o  Who can do what?

o  How can vulnerability to modern slavery be addressed? 

Victim Identification, Protection and Support Measures

o  Explore what ought to be done to prevent modern slavery and protect and assist those affected 

Learning and teaching strategy and rationale

The strategy is to encourage students to actively engage with the unit content and their peers; to provide a clear link between lecture content to develop an authentic, case-based understanding of modern slavery and related laws and policies. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin a process of active, engaged, exploration which will be deepened by detailed explanations and further investigation in classes.

This unit helps students to develop their knowledge of modern slavery laws and policies (including international, domestic, and regional). Students are then encouraged to critically analyse implementation by examining case studies and state practices. Each component is intended to build on knowledge, understanding, and skills to progressively scaffold student learning.

The online learning platform used in this unit provides multiple preparatory and practice opportunities to guide in-class and out-of-class study. Online learning assistance in the form of learning resources, notices, and assessment information (including online submission, marking, and return of results/feedback), is student-focused, affording greater accessibility and flexibility to the learning experience.

Assessment strategy and rationale

This unit has three assessment tasks that are designed to scaffold learning, as well as to determine learning outcomes. 

• The first assessment task is Critical Evaluation of Modern Slavery Report Statement(s). It requires students to review selected reports of companies to comply with their modern slavery reporting obligations. This assessment builds their knowledge of modern slavery.
• The second assessment task will be Take-home Essay. It also requires students to undertake in-depth research and critical critically evaluation of the relevant literature. This assessment develops skills around evaluating state responsibilities and domestic and international legal frameworks related to modern slavery offences.
• The third assessment task will be a Presentation. Through oral presentations, students will demonstrate not only their knowledge of the subject matter but also their effective their communication skills.

The strategy is designed to assess knowledge, skills and understanding of the legal and policy considerations of modern slavery and developing research and presentation capacity. As such, the three tasks are designed to demonstrate achievement of the Graduate Outcomes listed. 

Overview of assessments

Representative texts and references

·      Allain, ‘White slave traffic in international law’ (2017) Journal of Trafficking and Human Exploitation.

·      Gallagher, A The international law of human trafficking (Cambridge University Press, 2010).

·      Genevieve LeBaron, et al, (eds) Fighting Modern Slavery and Human Trafficking: History and Contemporary Policy (Cambridge University Press, 2021) 

·      Kyla Raby, Nerida Chazal, Modern Slavery in Australia (Lexis Nexis, 2024)

·      Modern Slavery Act 2018 (Cth)

·      Modern Slavery and Human Trafficking (IntechOpen, 2021).

·      National Action Plan to Combat Modern Slavery 2020–25