Yes, that's a great provision. It only applies to the criminal offences in these divisions, not to civil contracts. However, there are a couple of ways to challenge the church's "contracts":
- contracts that promote illegal activity (such as slavery, servitude, forced labour) will not be enforced by the courts as a matter of public policy; and
- even if the crime could not be proven beyond reasonable doubt, provided coercion is proven to the civil standard (balance of probabilities), then the person's will was not free. Contract law requires that the parties freely formed an agreement with an intention that it be legally binding. Coercion makes a contract void or voidable.
Thank you Cherished.
Are civil contracts part of common law? And if so would not this expansion part apply?
""clarify that the phrase ‘omission to perform an act that by law there is a duty to
perform’ in subsection 4.3(b) of the Code (dealing with implied omissions)
encompasses not only those duties imposed under Commonwealth law, but also
imposed under a State or Territory law or at common law;""
And what oh what to do with the RPF? Maybe move it to North Korea?
"New section 270.6 defines forced labour as the
condition of a person (the victim) who provides labour or services if, because of the use of
coercion, threat or deception, a reasonable person in the position of the victim would not
consider himself or herself to be free to cease providing the labour or services, or to leave the
place or area where the victim provides the labour or services."
Ohh, and I wonder how the INternational landlord feels about providing finance on 'a receive and return basis' for the conducting of business per:
"As a result of this Item, the term ‘conducting a business’ is defined for the purposes of
Division 270 of the Criminal Code as including taking any part in the management of the
business, exercising control or direction over the business, and providing finance for the
business."
"The purpose of the Bill is to ensure that the broadest range of exploitative behaviour is
captured and criminalised,...."
I applaud this bill.
It addresses the key issues that led to my very sudden withdrawal from the cult.