Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
27 February 2024
The Law Council made a submission on 9 February 2024 to the Senate Legal and Constitutional Affairs Legislation Committee in response to its inquiry into the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023.
The Law Council has expressed strong support for the establishment of an Anti-Slavery Commissioner since 2016, recognizing it as a pivotal development in effectively addressing and countering modern slavery across the country. In its submission, the Law Council expressed support for the Bill and suggested the following improvements to the Bill:
- Adding the review of Modern Slavery Statements to the Commissioner’s functions.
- Strengthening the wording to better align with the UN Guiding Principles.
- Clarifying of the scope of international instruments to which the Commissioner is to have regard.
- Ensuring that the Commissioner has adequate independence, including full discretion over the office’s strategic plan.
- Ensuring that the qualifications, knowledge, and experience requirements for the role are strong.
- Amending proposed section 20Y to enable the Commissioner to report on non-compliance with reasonable requests for information.
The Law Council also recommended that the Australian Government expand legal assistance services for victims of modern slavery and trafficking, as this is a vital complementary measure to combat modern slavery.
The Law Council made all of these points at a hearing before the Committee on 19 February 2024, at which it was represented by Business and Human Rights Committee Chair Greg Vickery AO and member Sunil Rao.
The Law Council is grateful to its Business and Human Rights Committee, National Human Rights Committee and Constituent Bodies for the input they each provided to its submissions on this Bill.
Last Updated on 20/06/2024