Modern Slavery Act Review
Current progress (as of 20 September 2024):
The government has expressed that their current priority is establishing an Anti-Slavery Commissioner (ASC), who we hope will be announced by the end of 2024
It is hoped that the appointed ASC will implement the recommended changes in this submission
Australia’s Modern Slavery Act 2018 (the Act), focussed on corporate supply chain transparency and reporting of modern slavery risks, did not consider a whole-of-government approach to anti-slavery legislation and initiatives. This meant there was no coordinated approach to prevent modern slavery from occurring, respond to risks as they arise, or provision of remedy to victim-survivors of slavery when it occurs.
25 civil society organisations called for a focus on effectiveness in ending modern slavery over efficiency of implementing the Modern Slavery Act, as part of Be Slavery Free’s submission to the Modern Slavery Act Review.
The Act is underwent its first review three years after implementation. However, the focus was predominantly on improving efficiency in corporate reporting against the Act rather than effectiveness in ending modern slavery.
Be Slavery Free called for a shift to a due diligence approach, rather than a reporting and transparency-based framework, that ensures all companies are required to ‘do no harm’. As part of this response, companies should receive support from Government to improve the accuracy of their reporting and face penalties for non-compliance.
“Simply requiring companies to make a statement about modern slavery in their supply chains and their activities to mitigate risk is at best ineffective, and at worst, harmful”
Without rigorous checks and significant penalties, companies who are doing the right thing and working to end slavery in their supply chains are at a competitive disadvantage, compared to those who neglect their responsibilities.
Be Slavery Free recommended the appointment of an independent Anti-Slavery Commissioner to oversee and enforce the Act and all other modern slavery interventions. Doing so would help position Australia alongside other world-leading countries in its response to modern slavery.
Amongst the 11 recommendations submitted by the coalition of civil society organisations, Be Slavery Free called for more published guidance and support for companies working in high-risk regions and industries, as well as for small and medium enterprises, who are impacted by the Act’s reporting requirements.
Additionally, Australia’s response to modern slavery – through the Modern Slavery Act and the National Action Plan to Combat Modern Slavery – relies on civil society organisations and academia to review and assess data, raise awareness and provide practical support to victim-survivors of slavery. However, the sector receives no ongoing funding to undertake this work.
“More than 50 million people are in slavery around the world. Australia will continue to contribute to this exploitation unless corporate standards are enforced, practice is analysed, and penalties for failing to uphold required standards”