Submission to Review of Australia's Modern Slavery Act 2018
In our draft submission to the statutory review of the Modern Slavery Act 2018 (Cth), Human Rights Law Centre proposes reforms to hold companies accountable for preventing modern slavery in their operations and supply chains and require them to undertake due diligence to identify and address modern slavery risks.
Recently the Human Rights Law Centre, together with academic and civil society partners, released a major report which found that, three years into the Act’s operation, companies are still failing to identify obvious modern slavery risks in their supply chains or take action to address them.
The Human Rights Law Centre is calling on the Australian Government urgently act to strengthen the legislation by adopting these recommendations:
Amend the MSA to introduce a 'duty to prevent modern slavery' requiring reporting entities to undertaken obligation on reporting entities to undertake human rights due diligence to identify, prevent and address modern slavery risks in their operations and supply chains.
Introduce financial penalties and other administrative consequences for non-compliance with reporting obligations.
Ensure appropriate oversight and enforcement of the MSA, including through the appointment of an independent Anti-Slavery Commissioner.
Conduct a further 3-year statutory review of the MSA’s effectiveness following introduction of the changes above.
Consider additional measures to strengthen Australia's framework for addressing forced labour, including a ban on imported goods produced with modern slavery.
The statutory review is being led by Professor John McMillan, AO, and is due to report in March 2023.
READ: Draft submission to the 3-year statutory review of the Modern Slavery Act