Modern Slavery | Update on recent moves to strengthen Australia's modern slavery regime

3 minute read  05.12.2023 Kate Hilder, Siobhan Doherty

We outline recent steps towards strengthening Australia's modern slavery regime.

Modern Slavery Commissioner: New Bill introduced

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (Cth) was introduced into the House of Representatives on 30 November 2023.

Broadly the Bill would (if enacted) amend the Modern Slavery Act 2018 (Cth) (MSA) to establish and legislate the core functions of a Modern Slavery Commissioner as an independent statutory officer holder within the Attorney General's portfolio.

Notably, it's envisioned that while the new Commissioner's functions would include raising awareness of/educating industry about modern slavery and advocating for continuous improvement in policy/practice, they would not include:

'investigative or coercive powers that would enable them [ie the Commissioner] to compel others to provide information needed to investigate individual complaints or allegations. The investigation of individual cases, or suspected cases, is performed by Australia’s law enforcement agencies'.

In his second reading speech, Attorney General Mark Dreyfus described the establishment of the Commonwealth Modern Slavery Commissioner as 'a landmark reform in Australia's response to modern slavery'.

Proposed timing: It's proposed that the Bill would commence on a day to be fixed by Proclamation to 'enable the alignment of the recruitment and appointment of the inaugural Australian Anti-Slavery Commissioner with the commencement of the legislation that enables their establishment and operations'.

To 'ensure that commencement is not delayed beyond what is reasonably necessary to establish the Commissioner and their Office' the Proclamation period is limited to 12 months. If Proclamation does not occur within 12 months of Assent, the Act will automatically commence – ie the Bill would commence 12 months and one day after Assent.

For a detailed overview of the Bill see: Steps towards establishment of an Anti-Slavery Commissioner

Government response to the Statutory Review of the MSA still pending

The government is yet to finalise, and has signalled that it is still considering, its response to the statutory review of the Commonwealth MSA. For more on the Review Recommendations see: Proposed reforms to Australia's modern slavery regime

However, the government envisions that the new Modern Slavery Commissioner would 'play a key role in shaping implementation of future reforms' under consideration by the government.

New Modern Slavery Expert Advisory Group established

The government has established a new 20 member Modern Slavery Expert Advisory Group (MSA Advisory Group) to 'provide expert, confidential and timely advice to the Attorney-General’s Department' on the operation of the MSA and on the practical implementation of measures to strengthen the MSA, currently under consideration following the MSA Review.

The full terms of reference for the MSA Advisory Group provide more detail.

The members of the MSA Advisory Group have been appointed for an initial term of two years. A full list of organisation members and individual members is here: Modern Slavery Expert Advisory Group | Attorney-General's Department

The MSA Advisory Group is set to meet 'approximately' four times a year and will be Chaired by either the Attorney General of a 'senior official' within the Attorney General's Department.

Funding announcement

Separately, the government has announced:

  • $12.1 million in funding over five years for the new Forced Marriage Specialist Support Program which
    'will provide individualised needs-based prevention and early intervention support for those experiencing, or at risk of experiencing forced marriage. It will also provide essential access to counselling and emergency accommodation where required'. This has been welcomed by The Red Cross which has advocated for prevention and early intervention support for those experiencing, or at risk of experiencing forced marriage, for several years, including recommending changes to strengthen and extend the Forced Marriage Specialist Support Program.
  • $2.2 million in further funding to extend the Speak Now project which aims to prevent forced marriage through 'education, awareness raising and collaboration with the sector'.  

Contact

Tags

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiIwNjE0ZTM5OC0yMDhhLTQ0MWYtODkwMC05MGY0ZWMyMWZkMTMiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTczOTEzNzcxMiwiZXhwIjoxNzM5MTM4OTEyLCJpYXQiOjE3MzkxMzc3MTIsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2JpbGwtdG8tZXN0YWJsaXNoLWNvbW1vbndlYWx0aC1tb2Rlcm4tc2xhdmVyeS1jb21taXNzaW9uZXItaW50cm9kdWNlZCIsImF1ZCI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2JpbGwtdG8tZXN0YWJsaXNoLWNvbW1vbndlYWx0aC1tb2Rlcm4tc2xhdmVyeS1jb21taXNzaW9uZXItaW50cm9kdWNlZCJ9.bjdFC_iPx3R0Mq8_qY0KueAKme5qj01O_ZARdK7YLTc
https://www.minterellison.com/articles/bill-to-establish-commonwealth-modern-slavery-commissioner-introduced