Commissioner's Recommendations to Strengthen Modern Slavery Laws
Australia is at a pivotal moment in strengthening its response to modern slavery. With the Australian Government commencing consultations on reforms to the federal Modern Slavery Act, the decisions made in 2026 will shape the effectiveness of Australia’s anti-slavery framework for years to come.
In preparation for these consultations, the Office of the Australian Anti-Slavery Commissioner has released a position paper that responds to, and builds, on two key reform measures under consideration by the Government. The Commissioner recommends the introduction of a:
- mandatory risk-based modern slavery due diligence obligation for reporting entities under the Act
- mechanism for the Australian Anti-Slavery Commissioner to declare that a product, service, or industry carries a high risk of modern slavery, and require entities to have regard to declarations in their due diligence and reporting obligations under the Act.
The position paper sets out a package of recommendations for the design and operation of these measures. Together, they would assist entities to identify and prioritise their modern slavery risks and then require them to take reasonable and proportionate action to prevent and address those risks, starting with the most severe. The Commissioner would issue evidence-led, transparent, and risk-based declarations of industries, services, and products that present a high risk of modern slavery. Businesses would be required to consider these declarations in their due diligence and reporting, improving consistency, accountability, and risk-based action.
Implementing these reforms would help drive better outcomes for vulnerable workers in Australia and global supply chains, enhance Australian consumer confidence in the goods and services they consume, create a level playing field for responsible business and provide clear direction to business on modern slavery risk management expectations. These reforms would also help align Australia’s approach with key international standards and similar regulatory frameworks here and overseas.
“We have known for years that the Modern Slavery Act’s transparency measures alone have not created meaningful impact for exploited workers. Currently, reporting is mandatory but taking action is not, leaving workers exposed and responsible businesses disadvantaged,” said Australian Anti-Slavery Commissioner, Chris Evans. “Other like-minded countries have already legislated mandatory due diligence regimes, recognising that reporting is not enough and that real action is required. These reforms are pragmatic, enforceable, and designed to deliver real change for people trapped in modern slavery.”
The position paper was released ahead of the Government’s targeted consultations with stakeholders about potential reforms to the Act. The Commissioner welcomes feedback on the recommendations, which will inform the Office’s final views.