The Modern Slavery Amendment (Anti-Slavery Commissioner) Act 2024 (Cth) came into effect on 7 November 2024 and amends the Modern Slavery Act 2018 (Cth) (Act) by establishing the Australian Anti-Slavery Commissioner (Federal Commissioner) as an independent statutory office holder. The Federal Commissioner’s role includes supporting businesses to address risks of modern slavery in operations and supply chains and to provide an independent mechanism for engagement on issues and strategies to address modern slavery.
On 11 November 2024, Chris Evans, former Labor Minister and Western Australian senator and previous Chief Executive Officer of the Global Freedom Network of Walk Free was announced as Australia’s first Federal Commissioner. Mr Evans will be commencing in the role in December 2024 for a five-year term.
Purpose of the Federal Commissioner’s appointment
The rationale underpinning the appointment of the Federal Commissioner is to strengthen Australia’s modern slavery response by supporting victims and survivors, raising community awareness and providing support to businesses to address modern slavery risks. The Federal Commissioner is designed to provide a pillar of independence to Australia’s modern slavery efforts and delivers on a key election promise of the Albanese Government as part of its Tackling Modern Slavery package.
The Federal Commissioner’s key functions will include:
- promoting compliance with the Act;
- supporting Australian businesses and businesses 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;
- supporting collaboration and engagement across sectors, and with victims of modern slavery to inform measures to address modern slavery issues;
- supporting victims of modern slavery by providing information and resources, and in developing and maintaining publicly available guidance material;
- promoting community awareness initiatives, carrying out modern slavery research and providing information relating to modern slavery;
- consulting and liaising with governments, agencies, bodies and office holders, and other persons and organisations;
- providing advice to the Minister on modern slavery matters.
The Albanese Government has committed to providing the Federal Commissioner with $8 million in funding over a period of four years to support the Commissioner’s establishment and operation. $2.5 million of that amount has been provisioned over 2-years as part of the 2024-25 Federal Budget to undertake an audit of the Government’s supply chains to address modern slavery risks.
The Attorney General stated that the Federal Commissioner will play a key role in helping to shape the implementation of future modern slavery reforms. The appointment is a promising step forward in achieving a potentially more robust legislative framework; in particular, the support to be provided to businesses to address risks of modern slavery in operations and supply chains should go some way in tackling what has been described as a lacklustre approach from a number of businesses in addressing compliance with the Act by way of annual modern slavery statements. However, as mentioned in our previous article, the Federal (and NSW Commissioner’s) role do not include enforcement and investigative powers, which has been the subject of criticism.
What does this mean?
We expect the Federal Commissioner will develop appropriate guidance material for businesses as part of promoting compliance with the Act.
Businesses that fail to comply with their legislative obligations not only risk legal and reputational damage but also miss an opportunity to lead in the fight against human trafficking and forced labour. The role of the Federal Commissioner should provide increased clarity as to the expectations of businesses and other bodies.
Modern slavery statements are required to be prepared and submitted to the Modern Slavery Statements register by reporting entities within six months of the end of the entity’s financial year. Businesses that follow a financial year ending on 30 June are required to submit their statement by 31 December, which is fast approaching.
Please contact us if you require assistance in preparing your organisation’s modern slavery statement.
