Impact through action: A framework for modern slavery reform

This paper sets out the Commissioner’s views on what a cohesive, fit-for-purpose framework for addressing modern slavery could look like in Australia. It takes into account the Australian Government’s proposed criminal ‘failure to prevent’ modern slavery offence, and considers how any offence could form part of a broader, graduated approach.

It proposes four connected elements:

1. A civil modern slavery due diligence obligation. All reporting entities under the Modern Slavery Act should be required to undertake risk-based due diligence, or ‘reasonable steps’, to identify and address modern slavery risks, with graduated enforcement by a regulator.
2. A carefully designed criminal offence. Any criminal offence should complement the due diligence obligation and target the most serious conduct. It should be designed to avoid creating disincentives to good practice, and any ‘reasonable steps’ defence should reflect the due diligence obligation.
3. A civil right of action. Victims should have a dedicated statutory pathway to seek compensation and other remedies through the courts.
4. Reporting aligned with the due diligence obligation. Modern Slavery Act reporting criteria should be updated to enable reporting entities to demonstrate how they are meeting this obligation.

The paper notes stakeholder feedback provided to the Office on the Government’s proposed reforms, as well as previous consultations and recommendations on reform to Australia’s modern slavery framework.