Modern Australian
Times Advertising

Australia's modern slavery law is woefully inadequate – this is how we can hold companies accountable

  • Written by Kyla Raby, PhD candidate researching the role of consumers in eradicating modern slavery in supply chains, University of South Australia
Australia's modern slavery law is woefully inadequate – this is how we can hold companies accountable

A highly anticipated independent review of Australia’s Modern Slavery Act has found it has not brought “meaningful change” to the lives of people living in conditions of modern slavery since its passage more than four years ago.

The final report makes 30 recommendations which, if implemented, would mean thousands more businesses need to take stronger action to prevent the goods and services they sell being made with slavery.

These findings come at a time when new global research on the prevalence of modern slavery reflects the rapidly growing nature of the issue. It is estimated that, on any given day in 2021, almost 50 million people worldwide were victims of modern slavery. This is an increase of 10 million people from research conducted in 2016.

Despite its name, Australia’s Modern Slavery Act doesn’t address the diverse forms of exploitation that can constitute modern slavery. Instead, it aims to combat labour exploitation in the private economy.

It does so by requiring companies and other entities with annual revenues greater than A$100 million to identify how slave labour may be present in their global operations and supply chains. Companies are also required to report on actions taken to ensure they are slavery-free.

According to current government advice, modern slavery is now so prevalent, there is a “high risk” it may be present in these companies’ operations and supply chains.

However, of the more than 3,000 companies required to report, the review found only a handful have identified incidents of modern slavery. None of these were in Australia. And very few companies have taken steps to remedy the harm caused by slavery when it has occurred or given workers specific protections.

These findings are no surprise to those who have been following the implementation of the Modern Slavery Act, which came into force in January 2019.

Several evaluations of corporate reporting since then have all reached similar conclusions about the weakness of the law.

Just last month, a coalition of human rights organisations and academics published research on the impact of the act involving nearly 90 business groups. It found that, in the best case, it “is generating widespread awareness, but in the worst case, it provides a shiny veneer for a business model that contributes to modern slavery”.

Stronger penalties and greater oversight

The review tabled in parliament last week attempts to remedy the act’s shortcomings. It recommends requiring companies to implement a due diligence system to address the modern slavery risk in their direct operations and supply chains.

This would make it unacceptable for businesses to simply say they are doing something. Instead they would be required to “walk the talk”.

Since its inception, the act has been criticised for not including penalties for companies that fail to comply, as well as any mechanism for independent oversight. This has left consumers and investors with the responsibility of holding companies to account.

Read more: Australia's world-first repository of 'modern slavery statements' a step in the right direction

The review found it is time for these oversights to be addressed. It recommends introducing offences for companies that either fail to report or report false information, as well as an offence for not having an appropriate due diligence system in place.

It also makes several recommendations as to what role a future Commonwealth anti-slavery commissioner could play in overseeing and enforcing compliance with the act. Such a position was introduced last year in New South Wales through a state-based Modern Slavery Act.

The view of the Albanese government on such changes is already known. Labor went into last year’s federal election with a promise to amend the Modern Slavery Act to impose penalties for non-compliance and to appoint an independent anti-slavery commissioner. In this month’s budget, the government allocated A$8 million to establish a commissioner.

The review also suggests enabling the Australian public and civil society to play a greater oversight role by establishing procedures for people to submit complaints about the reporting done by companies under the Modern Slavery Act.

Given complaints from NGOs have been filed against companies like Ikea and Amazon under similar laws in Germany, such a change may be an important step towards real corporate accountability.

Addressing the drivers of modern slavery

Although the government’s response to the review won’t be known for some time, it’s clear change is coming.

Our country is at a pivotal point in how we address the sourcing, producing and consuming of goods and services made with exploited labour. To have a chance of reversing, or even just slowing, the proliferation of modern slavery, actions that go well beyond the review’s recommendations are needed.

The review acknowledges that even a stronger, more effective, corporate reporting mechanism alone cannot effectively tackle an issue as complex as modern slavery. And it reiterates the widely held view that the Modern Slavery Act has not addressed any of the drivers of modern slavery such as “poverty, gender inequality, exploitative business practices, weak governance and regulatory inadequacy”.

Truly combating modern slavery will require a courageous government response that addresses these things head-on.

Read more: Canada's Modern Slavery Act is the start — not the end — of efforts to address the issue in supply chains

Authors: Kyla Raby, PhD candidate researching the role of consumers in eradicating modern slavery in supply chains, University of South Australia

Read more https://theconversation.com/australias-modern-slavery-law-is-woefully-inadequate-this-is-how-we-can-hold-companies-accountable-206605

What Actually Adds Value to Properties in Newcastle

Newcastle has seen steady growth over the past few years, with more buyers looking beyond Sydney for lifestyle, space, and long-term value. As dema...

What is Design and Build in Construction?

Imagine you’re about to start a new construction project, maybe it’s a custom home or a commercial building. You’ve got the idea, the land, an...

Commercial roof leak detection: why early action protects your building

Water ingress is one of the most disruptive and costly issues facing commercial properties. For property managers and facilities teams, even a minor...

Custom Photo Frames: Turning Everyday Moments into Lasting Displays

Photos capture moments, but how you display them determines how they’re experienced every day. A meaningful photograph deserves more than a generi...

Managed IT Services: A Smarter, More Predictable Way to Run Your Business Technology

If you’ve ever had your systems go down in the middle of a busy day, you’ll know how quickly things can unravel. Phones stop ringing, emails sto...

Landscaping Geelong — Coastal Elegance Meets Practical Design

A Landscape Shaped by Location Geelong occupies a unique position within Victoria’s broader landscape. It carries the energy of a growing city, y...

Electric Adjustable Beds: A Simpler Way To Sleep Better

Sleep should feel natural. It should come easily, without discomfort, without constant repositioning, and without waking up feeling sore. But for ma...

Healthy Snacking Sorted: Premium Beef Jerky

In today's fast-paced world, finding a snack that's both satisfying and genuinely good for you can feel like a mission. Many readily available optio...

What to Know Before Getting Dental Implants: A Guide for First-Time Patients

Dental implants Perth patients often look for a long-term solution for missing teeth without the hassle of dentures or bridges. If you are thinking ...

Why Protective Packaging Matters More Than Ever In Modern Shipping

In today’s fast-paced world of logistics and eCommerce, ensuring that products reach customers safely is a top priority. This is where a bubble wrap...

Pest Control Albury: Protecting Your Property From Hidden Damage And Health Risks

Pests rarely announce their arrival. They creep into spaces quietly, turning small, unnoticed corners into breeding grounds for bigger problems. Tha...

Why Root Canal Treatment Melbourne Is Essential For Saving Natural Teeth

Tooth pain has a way of demanding attention at the worst possible time. When the discomfort becomes persistent and intense, it often signals an infe...

How Bird Flight Diverters Help Protect Wildlife Around Power Infrastructure

Power infrastructure plays an essential role in modern life, but it can also create risks for wildlife, particularly birds moving through establishe...

What Businesses Should Look for in a Commercial Coffee Partner

Choosing a commercial coffee partner is not the same as choosing a machine. It is a broader decision that affects beverage quality, staff efficiency...

3PL Logistics Australia Driving Smarter Supply Chains And Faster Deliveries

In a world where customers expect speed almost as much as quality, logistics has become the silent heartbeat of every successful business. Behind th...

Why Professional Electrical Services Are Essential For Modern Properties

Electricity powers almost every aspect of daily life, from lighting and appliances to complex systems in homes and businesses. This makes choosing a...

What Not to Pack When Moving: The Essential Guide to Smart Packing

Moving house is one of those all-encompassing events in life and most people focus their energy on deciding what to pack. But knowing what not to pa...

From Assistance to Independence: Progression in Daily Living Skills

The ultimate goal of many support systems is to empower individuals to lead lives defined by autonomy and self-reliance. While some support requiremen...