Australia’s modern slavery reforms must go further, Commissioner says
The Australian Anti-Slavery Commissioner, Chris Evans, has called on the Australian Government to go further in strengthening Australia’s modern slavery laws by requiring large companies to take action to identify and address modern slavery in their operations and supply chains.
In a paper released today, the Commissioner welcomes the Government’s commitment to reforming Australia’s modern slavery framework. However, he warns that the proposed ‘failure to prevent’ criminal offence alone is unlikely to achieve the Government’s reform objectives.
Australia imports an estimated US$17.4 billion worth of goods each year that are at risk of being made with forced labour. Under the current Modern Slavery Act 2018, large entities must report on their modern slavery risks, but they are not required to do anything about them.
“The Government’s announcement sends a clear signal that modern slavery is a serious crime and must be treated that way,” said the Commissioner. “But criminal prosecutions are challenging and resource-intensive, and will reach only a small number of cases. To change how business operates every day, we also need a clear legal obligation on large companies to take reasonable steps to find and fix modern slavery risks.”
The Commissioner has proposed a four-part framework:
- A modern slavery due diligence or ‘reasonable steps’ obligation, applying to all reporting entities under the Act, including the Australian Government.
- A criminal offence that complements this obligation, targets the most serious conduct and is designed to encourage good practice.
- A civil right of action enabling victims to seek compensation from the courts.
- Annual reporting criteria aligned with the due diligence obligation.
The Commissioner said the framework would support Australian businesses as trading partners move to tighten their rules. Australian companies selling into international markets can expect much greater scrutiny of how they manage forced labour risks.
“A clear national framework, aligned with international standards, will help Australian businesses stay competitive and keep their access to international markets. It also means responsible businesses are no longer undercut by those that turn a blind eye.”
Feedback to the Commissioner’s Office shows broad support across stakeholder groups, including business, for a modern slavery due diligence obligation.
“Australians don’t want the clothes they wear or the food they eat to be made with forced labour. They expect Government and business to take responsibility and action,” said the Commissioner.
“The Government has taken an important first step. This is the moment to build a framework that prevents exploitation, holds companies to account and gives victims a pathway to remedy.”
View the paper, Impact through action: A framework for modern slavery reform