NSW Anti-Slavery Commissioner’s Strategic Plan: An overview

What is the role of the NSW Anti-slavery Commissioner?

On 1 August 2022, Dr James Cockayne was appointed as the NSW Anti-slavery Commissioner (Commissioner) for a five-year term commencing in 2022. As an independent statutory office holder, the Commissioner reports directly to the NSW Parliament, and has a broad oversight over Government policies and actions to address modern slavery. More details on the role and functions of the Commissioner can be found here.

Ultimately, the Commissioner is empowered by the Modern Slavery Act 2018 (NSW) (Act) to:

• advocate for and promoting action to combat modern slavery;
• identify and provide assistance and support for victims of modern slavery;
• have oversight of NSW public procurement efforts to remove products of modern slavery from supply-chains;
• issue codes of practice and maintaining a public register related to efforts to address modern slavery risks in supply-chains; and
• raise community awareness of modern slavery.

As part of his role, the Commissioner is legislatively mandated to introduce a Strategic Plan which aligns with the National Action Plan to Combat Modern Slavery 2020-2025.

The Strategic Plan was developed following consultation with over 2,500 people between September 2022 and May 2023, and has been supplemented through research and analysis from the James Martin Institute for Public Policy.

What are the key priorities and actions in the Strategic Plan?

Build Prevention Capacity

The Strategic Plan aims to strengthen the ability of NSW Government and non-government systems to identify vulnerability to modern slavery. The Commissioner aims to equip frontline workers in sectors such as healthcare, criminal justice, family services, settlement services, child protection and workplace regulation with the training and resources to identify vulnerability to modern slavery, and prevent victimisation through trauma-informed and culturally appropriate practices. The Commissioner also intends to introduce a hotline to provide advice and assistance to those with lived experience of modern slavery or at risk.

Enabling remedy for those with lived experience

One of the Commissioner’s focus for the next three years is to encourage agency and voice to those with lived modern slavery experience of modern slavery. The Strategic Plan sets out a framework for people with lived experience to have increased access to timely, coordinated support, remedies and essential services. The Office of the Anti-slavery Commissioner has appointed a Lived Experience Advisor to assist it to better respond to the needs of survivors of modern slavery and develop programs to protect the vulnerable.

Foster responsible business practices

Over the next three years, the Commissioner aims to support NSW public buyers to identify and address modern slavery risks in their procurement. The Commissioner will consult with the Procurement Board and the Auditor-General to monitor the effectiveness of due diligence procedures of public entities. He proposes to take a collaborative approach to his role.

The Strategic Plan also calls upon NSW Government entities to foster responsible business practices in the private sector, and show leadership in identifying and addressing modern slavery in supply chains and investment portfolios. Pursuant to section 27 of the Act, the Commissioner intends to develop industry codes of practice and has foreshadowed an announcement of the development of the first code in coming weeks.

Change the Narrative

The Strategic Plan also aims to raise awareness of modern slavery through communication that empowers people with lived experience, and build the economic, business and broader public policy case for anti-slavery through research, analysis and advocacy. It aims for the NSW public to have improved access to culturally appropriate, trauma-informed information on modern slavery risks and responses.

Develop a Community of Purpose

To further anti-slavery efforts, the Commissioner aims to foster collaboration between bodies working to combat modern slavery while garnering more engagement with these issues. To foster engagement and consultation, the Strategic Plan outlines the introduction of a twice-yearly NSW Anti-slavery Forum. The forum will centre on those with lived experiences in modern slavery, and aims to provide a regular opportunity for active community engagement, information sharing and learning, and development of new partnerships and practice arrangements.

Introduction of an Advisory Panel

The Strategic Plan provides that it will set up a new multi-stakeholder group comprised of individuals with lived experiences and representatives from various sectors to meet quarterly and provide advice to the Commissioner.

What does this mean for Government procurers and entities providing goods?

New diligence obligations under the Act took effect on 1 July 2022, which require NSW Government bodies to take reasonable steps to ensure that the goods and services procured by Government agencies are not the product of modern slavery. Over 300 NSW Government entities, local councils and other public entities are required to report annually upon the due diligence processes they have in place to ensure the products they procure are not produced with modern slavery. The Office of the Anti-slavery Commissioner intends to review all of these reports.

The NSW Anti-slavery Commissioner, the NSW Procurement Board and Auditor-General, are empowered by the Act to oversee public procurement. The Strategic Plan outlines the Commissioner’s intention for these bodies to consult to monitor the effectiveness of the due diligence procedures. The Commissioner intends to create a Public Register of non-conforming entities as part of his role.

The Office of the Anti-slavery Commissioner will support the implementation of these due diligence procedures by issuing guidance to Government entities, which will be released shortly. This will be critical reading for NSW Government entities and suppliers. In the meantime, his discussion paper provides valuable insights into his expectations.¹

NSW public procurement will face heightened scrutiny in relation to modern slavery risks in supply chains over the next 3 years. Inevitably, entities providing goods and services to the NSW Government can expect to be asked to explain the risks of modern slavery in their operations and supply chains and to describe the steps taken to respond to those risks. The Commissioner’s reasonable steps guidance will provide greater detail in relation to the Commissioner’s expectations. In the interim, entities should start the process of engaging with their stakeholders regarding the changes on the horizon and consider how their modern slavery risks will be assessed and addressed. Advice should be sought from subject matter experts where there are knowledge gaps and to develop plans to actively respond to risks. Those plans should have survivors at their centre.