Government’s response to the Review of the Modern Slavery Act 2018
The Australian Anti-Slavery Commissioner today welcomed the Governments Response to the statutory review of the Modern Slavery Act 2018 (the Act).
The Government in their Response has agreed, or agreed in principle, to 25 of the 30 recommendations.
“The Government’s Response sets out an extensive series of consultations and work for the Attorney General’s Department and my Office in developing the Government’s responses where they have agreed, or agreed in principle, to the Review’s recommendations.”
Key features of the Government’s Response include:
- a commitment to amend the Act to implement policy changes;
- Government agreement in principle to civil penalties for non-compliance with the Act and commitment to consult on the scope of the necessary legislative and administrative changes, but a future decision by Government would be required to proceed;
- a decision not to lower the threshold of reporting and to retain the existing scope of businesses required to report under the Act at this stage;
- agreement in principle to adding new mandatory reporting criteria for businesses reporting under the Act, however they stress the need for consultation with business and understanding fully the impact of changes on business;
- to update and improve the Guidance for Reporting Entities and other guidance material;
- the Government has noted the recommendation regarding obligations for a due diligence system, while not agreeing the Government acknowledged the importance of such mechanisms and tasked the Attorney Generals Department to consult on how the Act could be amended to enhance due diligence requirements;
- agreement to examining the practicability of establishing a procedure for the receipt and investigation of complaints from the public regarding entity reporting;
- agreement in principle to a written declaration of a region, location, industry, product, supplier or supply chain that is regarded as carrying a high modern slavery risk. The Government will consult with stakeholders and work with the Commissioner on a model for written declarations, including providing advice on foreign policy and trade implications.
The Commissioner said “Australia has a proud bipartisan record of national and international leadership on combatting modern slavery.
The adoption of the Modern Slavery Act in 2018 was a significant, but modest, first step in formally engaging business in the country’s response.
Since then many countries have moved strongly to improve their national responses, particularly in requiring more serious engagement by business.
The Government’s commitment to extensive consultation on the measures it is willing to consider is welcome, and I look forward to fully engaging in these processes.
It is worthy of note however that there has been a great deal of consultation and consideration of these issues among stakeholders since the Review of the Act commenced in March 2022.
It is my hope that we can collectively prioritise developing clear detailed policy initiatives that can be brought before the next Parliament.
My Office will seek to engage with stakeholders, including those with lived experience, to appreciate their views on the Government’s Response to the Review of the Modern Slavery Act 2018.”
Read the Review of the Modern Slavery Act 2018
Read the Australian Government Response to the Review of the Modern Slavery Act 2018