Reporting is no longer enough – UK moves to mandatory due diligence law

The Australian Anti-Slavery Commissioner, Chris Evans welcomed the United Kingdom Government's announcement that it will introduce a mandatory human rights due diligence law for large businesses, together with new regulatory powers to remove goods made with forced labour from the UK market.

"These reforms have enormous implications for Australia, as we modelled our reporting-based modern slavery laws on the UK Modern Slavery Act," Commissioner Evans said. "Transparency alone is not enough. Governments are moving beyond reporting towards measures that require effective action to prevent human rights harms, including modern slavery."

The UK Government's announcement follows a call for mandatory due diligence from a group of large UK businesses and investors.

"In Australia, there is broad stakeholder support for the introduction of a civil modern slavery due diligence obligation in Australia, including from business groups, investors, civil society organisations, unions and experts."

"Australians want to know that the goods we consume every day are not made with slavery. Like the UK, Australia has an opportunity to build on our reporting regime and strengthen our response to modern slavery through the introduction of a proportionate modern slavery due diligence obligation."

The UK Government's announcement comes as the Australian Government finalises its proposals for modern slavery reform after consulting on a proposed criminal failure to prevent modern slavery offence for large businesses.

"Australian reforms must be designed for the Australian context, but they have to fundamentally lift the bar to meet changed international standards," the Commissioner said.

The Commissioner has recommended the introduction of a modern slavery due diligence obligation, clear pathways to remedy for victims, and that any criminal offence introduced should target the most serious conduct. The due diligence obligation would require large businesses and the Government to take reasonable steps to identify and address their most severe modern slavery risks.

"A modern slavery due diligence obligation would help drive better outcomes for vulnerable workers who produce the goods Australians consume every day. It would also help ensure Australian businesses remain competitive as due diligence laws and forced labour import bans raise expectations worldwide," said the Commissioner.

Read the Commissioner's recommendations for reforms to Australia's modern slavery laws.