Modern-day slavery laws ‘failing workers’

The Australian Council of Trade Unions (ACTU), along with multiple spokespeople, have claimed that Australia’s current Modern Slavery Act is categorically “failing workers”.

A review of the Modern Slavery Act published back in May 2023 found the law had “not yet caused meaningful change” for people living with and experiencing modern slavery. For that reason, 30 recommendations were crafted to strengthen the act.

Just this week, the Albanese government published its response to these recommendations, accepting and planning to implement all but five of the proposed recommendations.

Two of the recommendations agreed to or agreed in principle included penalties for companies that fail to report on their actions to address modern slavery. The other was the publication of a list that included the locations, sectors and products known to be high risk for modern slavery.

Despite the Albanese government agreeing to 25 of the 30 recommendations, civil society and unions expressed strong disappointment about one of the recommendations that was seemingly disregarded by the government. Those recommendations were the introduction of due diligence obligations.

According to the ACTU, a due diligence obligation would require companies covered by the law to actively identify and address modern slavery risks in their operations and supply chains rather than simply reporting their efforts.

Although they haven’t committed to implementing the due diligence system, the government has agreed to “carefully consider and consult with stakeholders on the introduction of a due diligence system”.

This sentiment has received a wide range of criticism from various human rights and pro-worker organisations, calling upon the Albanese government to implement the due diligence obligation.

“Five years into the operation of the Modern Slavery Act, it’s clear that the law is not strong enough to deliver real improvements for workers in situations of modern slavery in the operations and supply chains of Australian companies,” said Michele O’Neil, president of ACTU.

“We welcome the commitment to implement penalties for companies failing to uphold their reporting obligations.

“However, the commitment must go further and should include a requirement for companies to take concrete action to prevent modern slavery – this means introducing a requirement for companies to undertake due diligence and penalties for companies failing to prevent modern slavery in their operations and supply chains.”

Keren Adams, legal director at the Human Rights Law Centre, echoed this sentiment yet went a step further, lamenting the standard Modern Day Slavery Act was, in fact, “failing workers”.

“As demonstrated by the recent stories of abuse and exploitation coming out of the horticultural sector, Australia’s Modern Slavery Act is currently failing workers. We, therefore, welcome the Albanese government’s plans to strengthen the law, particularly through the introduction of penalties for companies that fail to report, or falsely report, under the law.

“But simply enforcing better reporting will not drive the transformational changes to corporate practices we know are needed to help end forced labour. The act should also impose a legal requirement on companies to take action. We urge the Albanese government to move swiftly to implement a due diligence obligation on companies, as recommended by the independent review,” said Adams.

Carolyn Kitto, co-director of Be Slavery Free, took aim at the government’s lackadaisical mindset when it came to reviewing the act – claiming this absence of urgency will not result in the needed transformations.

“The government has had the Modern Slavery Act Review report for 557 days – during which an estimated 15 million more people have fallen into slavery. While these commitments are welcome, urgent action to implement all recommendations is critical. We cannot afford another delay like this,” said Kitto.

These rebuttals to the review highlight the extremity of the issues that can arise if all bases aren’t covered in the act.

With a new Commonwealth anti-slavery commissioner, Chris Evans, beginning his five-year term on Monday (2 December 2024) and the government committing to working with civil society and other stakeholders, a delay on the other five recommendations may not be as delayed as the previous review.