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.
Recommendation 1
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.
Recommendation 2
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).
Recommendation 3
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’.
Recommendation 4
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.
Recommendation 5
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.
Recommendation 6
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.
Recommendation 7
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.
Recommendation 8
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.
Recommendation 9
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.