In late March 2020, the NSW Parliament’s Legislative Council’s Standing Committee on Social Issues issued its report on “Modern Slavery Act 2018 and associated matters”.
I will comment separately on detail of the reasoning used but below is my summary of the Committee’s 9 recommendations. It will be interesting to see how Government responds.
That the NSW Government amend the Modern Slavery Act 2018 after considering the comments and recommendations of the Committee, but aiming to commence the legislation on or before 1 January 2021.
That the NSW Government amend the Modern Slavery Act 2018 to include a review of the Act, to be conducted in conjunction with the Australian Government’s statutory review of the Modern Slavery Act 2018 (Cth).
That the NSW Government try to change the terminology in section 24 of Modern Slavery Act 2018 to replace the term ‘turnover’ with ‘consolidated revenue’.
That the NSW Government and the Interim Anti-Slavery Commissioner continue to work towards ensuring that reporting requirements are as simple as possible and clearly explained in the guidance material.
That the NSW Government work with the Australian Government to seek a common reporting threshold, ideally at $50 million consolidated revenue, better to achieve a consistent national approach to modern slavery.
That the NSW Government try to amend the Modern Slavery Act 2018 to identify the authority responsible for conducting prosecutions that involve breaches of section 24.
That, with the review noted in Recommendation 2, the NSW Government reassess the exemption for charities and not-for-profit organisations from section 24 of the Modern Slavery Act 2018, including by:
- seeking input from the charity and not-for-profit sector;
- considering mechanisms to support charities and not-for-profits to meet the reporting requirement in section 24 going forward.
That the NSW Government not amend the Draft Modern Slavery Regulation 2019 to include an exemption from section 24 of the Modern Slavery Act 2018 for not-for-profit registered clubs.
That the Anti-Slavery Commissioner regularly examine and report on appropriateness of bringing franchisors, on behalf of franchisees not otherwise this captured by the Modern Slavery Act 2018, under the state legislation.