Review of the Commonwealth Modern Slavery Act 2018
The Law Council of Australia provided a submission to the Attorney-General's Department in response to the statutory review of the Modern Slavery Act 2018 (Cth) (Modern Slavery Act), which is being led by Professor John McMillan AO.
Eliminating slavery and slavery-like conditions is a global priority, and is reflected in Australia’s commitments in a number of international instruments.
The Modern Slavery Act was conceived as a scheme which, by requiring large corporate entities operating in Australia to publicly report on the measures to address the risk of modern slavery arising in their operations and supply chains, would generate a shared culture of transparency and accountability and inspire those entities to develop best practice.
The Law Council has been a strong supporter of the passage of the Modern Slavery Act, and has been pleased to assist in its subsequent establishment.1
The Law Council recognises that the Act has had a positive impact by increasing Australian entities’ understanding of modern slavery and the need to improve their risk management practices. It acknowledges that the pandemic period has been a very challenging time for business, and that the vast majority of entities have engaged in good faith with the new scheme.
However, anecdotal evidence alongside various academic, investor and civil society reports, suggests some entities are having difficulty understanding how to assess the risks and how to respond to them, and not all entities are producing high-quality reports. Further, it is not clear that all relevant consumers, investors, and business partners are aware of the scheme at all, let alone in a position to appraise the reports and adapt their engagement with the reporting entities accordingly.
Read the full submission below.
1 Law Council of Australia, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, ‘Modern Slavery Bill 2018’ (2018 submission on the Bill) [3] < https://www.lawcouncil.asn.au/publicassets/412edee3-8693-e811-93fc-005056be13b5/3475%20%20Modern%20Slavery%20Bill%202018.pdf>; Law Council of Australia, Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade in relation to its Inquiry into establishing a Modern Slavery Act in Australia, 28 April 2017 (2017 submission to the Joint Standing Committee) [9] < https://www.lawcouncil.asn.au/publicassets/826ada38-234b-e711-93fb-005056be13b5/3279%20%20Establishing%20a%20Modern%20Slavery%20Act%20in%20Australia.pdf>; Law Council of Australia, Submission to Australian Border Force – National Action Plan to Combat Modern Slavery 2020-24: Public Consultation Paper, 21 February 2020 (Law Council submission to the National Action Plan Consultation) [120]-[136] < https://www.lawcouncil.asn.au/publicassets/46cffbb3-1d59-ea11-9403005056be13b5/3757%20%20Public%20Consultation%20Paper%20on%20the%20National%20Action%20Plan%20to%20Combat%20 Modern%20Slavery%202020-2024.pdf>.
Last Updated on 25/10/2024