Have your say on proposed changes to the Modern Slavery Act

Modern Slavery Act review

The Terms of Reference for the statutory review of the Commonwealth Modern Slavery Act 2018 (Act) have been released and public submissions are now open.

On 22 August 2022 the Attorney-General’s Department released its Issues Paper for public consultation in relation to the operation of the Act since its commencement in January 2019 and whether any reforms are necessary or desirable to improve compliance.

The consultation process presents an opportunity for business and other key stakeholders to provide feedback on their experience in dealing with the Act to date and their views on proposed legislative changes.

Matters to be considered in the review include:

• whether additional measures to improve compliance with the Act are necessary or desirable, such as civil penalties for failure to comply with the requirements of the Act;
• the extent to which the Act’s mandatory reporting criteria set out in Section 16 of the Act are appropriate;
• the appropriateness of the $100 million reporting entity threshold, reporting periods and reporting deadlines; and
• whether it is necessary or desirable for an independent body, such as an Anti-Slavery Commissioner, to oversee the implementation and/or the enforcement of the Act

The question of whether the legislature will introduce financial penalties for non-compliance is a live issue. France, Canada, the United States and Germany have already introduced or proposed to introduce legislation that will impose civil penalties or sanctions on companies that fail to comply with mandatory due diligence procedures or reporting requirements.

The review of the Act is expected to be completed by 31 March 2023.

Any person or organisation seeking to make a submission must do so by midnight AEST 22 November 2022. To ensure that you have your say, make a submission by:

• Online survey: Complete the online survey using the 'Have your say' link. You do not have to address all questions; or
• Written submission: Send submissions and comments in response to the issues paper to the below email or postal address:

Modern Slavery Act Review Secretariat

Attorney-General’s Department

3-5 National Circuit, Barton ACT 2600

ModernSlaveryActReview@abf.gov.au

Attorney General’s Department responsibility for the MSA

The Australian Border Force, which sits under the Department of Home Affairs, has announced that responsibility for the Act is now with the Attorney-General’s Department.  The review will be undertaken by Professor John McMillan, AO, supported by this department.

See our update regarding the impact of a change of government upon the review of the Act.

This article was co-authored with Amy O'Bryan.

Knowledge

• Modern Slavery Act reforms under a Labor Government and what businesses need to know
• Modern Slavery Act: What businesses in Australia need to know
• Modern Slavery Advisory