Anti-Slavery Commissioner’s Strategic Plan 2025–2028
Submission Date: 9 April 2025
The Law Council of Australia provided input on the Australian Anti-Slavery Commissioner’s Strategic Plan 2025–2028.
The Law Council, and in particular its Business and Human Rights Committee, has a strong interest in the implementation of the Modern Slavery Act 2018 (Cth, including the amendments made by the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 (Cth). The Law Council's submission setting out its position on the Bill for the latter Act (ASC Submission) can be found on our website.1
The Law Council notes that this is only the first stage in a broader consultation process, and we appreciate such a consultative approach.
As a preliminary point, the Law Council would like to note that there is significant appetite amongst the profession for strengthening the Modern Slavery Act, in line with the recommendations of the 2023 Statutory Review (McMillan Review).2 The recommendations below have been drafted with the existing legislative framework and scope of the Commissioner’s role in mind, but also with a view to the potential evolution of that framework over the coming years.
The Law Council’s overarching recommendations for the Strategic Plan are that it should involve:
- supporting entities not only to report, but to go beyond the legislative requirements where possible, and address value chain risks proactively through due diligence practices;
- assisting in strengthening compliance measures in the Modern Slavery Act once the Government response to the McMillan Review has been published and implemented; and
- in accordance with a ‘responsive regulation’ model,3 work with Government and regulated entities to ensure better compliance with obligations under the Modern Slavery Act.
As set out in the Law Council submission to the McMillan Review,4 we have long been strong supporters of the Modern Slavery Act, and we are enthusiastic about its prospects as an effective regulatory regime with the establishment of the Commissioner role—which was our principal recommendation in that submission.5
1 Law Council, Submission to Senate Legal & Constitutional Affairs Legislation Committee for its inquiry into the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023, February 2024: <https://lawcouncil.au/resources/submissions/modern-slavery-amendment-australian-anti-slavery-commissioner-bill-2023>; see also our Response to Questions on Notice for the same inquiry: <https://lawcouncil.au/resources/submissions/ss-modern-slavery-amendment-australian-anti-slavery-commissioner-bill-2023>.
2 AGD, Report of the statutory review of the Modern Slavery Act 2018 (Cth), 25 May 2023: <https://www.ag.gov.au/crime/publications/report-statutory-review-modern-slavery-act-2018-cth>.
3 A model based on the work of Ayres and Braithwaite from 1992 and subsequent related research – see relevant Oxford Handbook entry: <https://academic.oup.com/edited-volume/41333/chapter/352356311>. This model is discussed further below.
4 Law Council, Review of Australia’s Modern Slavery Act 2018, Submission to AGD (December 2022): <https://lawcouncil.au/resources/submissions/review-of-the-commonwealth-modern-slavery-act-2018>, [4].
5 Ibid, [8].
Last Updated on 30/04/2025
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