What still prevents mining from sourcing ethically and sustainably, and respecting and promoting human rights? That question was discussed at the International Mining and Resources Conference (IMARC) 2023 by Partner Jordan Phillips, who presented at this session as part of MinterEllison's role as Legal Partner. Phillips comments are captured in the article Mining industry on the right ESG path – but has more work to do, IMARC told. Following this, Phillips shares the latest developments in Australia's efforts to tackle modern slavery.
On 30 November 2023, the Australian Government introduced the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (the Bill) in parliament to establish the first Commonwealth Anti-Slavery Commissioner (Commissioner) under the Modern Slavery Act 2018 (Cth) (the Act). The Commissioner would be an independent statutory office holder within the Attorney-General’s portfolio. The Bill delivers on a key election commitment made by the Australian Government to establish the Anti-Slavery Commissioner, as part of its Tackling Modern Slavery package, which is summarised in Changes to Australia's modern slavery regime under a new Australian Labor Party government. This article outlines the proposed role and functions of the Commissioner now and into the future
The Commissioner's role and functions
The role would be largely related to educating and raising awareness of modern slavery, supporting compliance with the Act and advocating for continuous improvement in policy and practice. The Commissioner would not have investigative or coercive powers that would enable them to compel others to provide information needed to investigate individual complaints or allegations. The investigation of cases would remain with Australia’s law enforcement agencies.
The Commissioner’s functions would allow the Commissioner to work with government, business and civil society to support compliance with the Act, improve the transparency of supply chains, and help combat modern slavery in Australia and abroad. The functions, as set out in the Bill, are as follows:
- to promote compliance with this Act;
- to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;
- to support collaboration and engagement within and across sectors in relation to addressing modern slavery;
- to support victims of modern slavery by providing information in relation to government and non-government resources, programs and services;
- to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;
- to support, encourage and conduct education and community awareness initiatives relating to modern slavery;
- to support, encourage, conduct and evaluate research about modern slavery;
- to collect, analyse, interpret and disseminate information relating to modern slavery;
- to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;
- to consult and liaise with other persons and organisations on matters relating to modern slavery;
- to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;
- at the request of the Minister, to provide advice to the Minister on matters relating to modern slavery;
- such other functions as are conferred on the Commissioner by this Act or any other law of the Commonwealth; and
- to do anything incidental or conducive to the performance of any of the above function.
Next steps in delivering modern slavery commitments
This is the first step towards implementing the Albanese Government's election commitments on modern slavery. Importantly, in the second reading speech, the Attorney-General stated the Government is committed to strengthening the Act and is carefully considering the recommendations of the review of the Act, which are summarised in Proposed reforms to Australia's modern slavery regime. Once appointed, it is expected that the Commissioner will play a key role in shaping the implementation of future reforms.
