House debates

Wednesday, 7 February 2024

Bills

Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023; Second Reading

5:44 pm

Photo of Peter KhalilPeter Khalil (Wills, Australian Labor Party) Share this | Hansard source

This issue is one of profound moral urgency—that is, the need to combat modern slavery in all its insidious forms. Like previous speakers, I support the Albanese Labor government's comprehensive reforms to strengthen Australia's response to this injustice. Slavery is not a distant problem relegated to the history books. It is still sadly a stark reality that persists in the shadows of our society, impacting millions of lives both here, at home in Australia, and around the world.

According to recent reports, more than 90 per cent of Australian businesses have identified potential slavery risks in their supply chains. And yet, nearly 85 per cent of them failed to adequately address these concerns in their reporting. Walk Free's most recent estimate indicates there are 49.6 million people across the globe living in situations of modern slavery on any given day. Two thirds of these are in the Indo-Pacific region—our region. This includes being forced to work against one's will or being forced into marriage.

Walk Free also knows that, since its previous estimate in 2017, some 10 million more men, women and children have been forced into work or marriage. These are, obviously, alarming statistics, but these statistics actually represent human lives caught in the grip of insidious and unbearable exploitation and suffering. Modern slavery casts a dark shadow and leaves a profound impact on individuals, communities and our nation at large. While all of us may see our nation as developed and just—and it certainly is—the harsh reality is that modern slavery still persists and affects vulnerable populations very deeply.

We talk also about Australia being a leader in championing values of dignity and freedom in our region. As leaders, I think it is incumbent upon us to be at the forefront of dismantling the systems of oppression that perpetuate modern slavery and to ensure that every person is afforded the dignity and freedom that they deserve. Many of my own constituents in my electorate of Wills have corresponded on this very issue for many years. Tackling slavery and exploitation is core to Labor's mission to protect the vulnerable, to protect workers and to implement and enforce human rights. Our party and our policy are committed to doing so.

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill delivers on the Albanese government's election commitment to establish the first Commonwealth Anti-Slavery Commissioner to tackle modern slavery in Australia and abroad. Working with government, business and civil society, the commissioner will support victims and survivors of modern slavery, promote compliance with the Modern Slavery Act and provide targeted support to businesses to address risks of modern slavery practices in their operations and supply chains. The commissioner will be completely independent and carry their own discretionary powers and functions. The commissioner will work with our government agencies to bolster existing initiatives and progress new, complementary initiatives to address modern slavery. This includes working with the Attorney-General's Department, other government agencies and the Ambassador to Counter Modern Slavery, People Smuggling and Human Trafficking, who leads on Australia's international efforts to tackle modern slavery. The commissioner will not have any investigative or coercive powers. Australia's effective and strong law enforcement agencies will maintain that responsibility for investigating individual cases and suspected cases.

The commissioner will play a crucial role in educating and raising awareness about modern slavery, supporting victims and advocating for the policy improvements that are necessary as we go down this path and this journey. I do want to emphasise that the calls to establish an Anti-Slavery Commissioner in Australia have come from all areas of civil society, business and academia. They have specifically called for the establishment of an office which can provide independent information and support to victims and survivors and targeted support to businesses to identify and address modern slavery risks in their supply chains.

Back in 2017, the Joint Standing Committee on Foreign Affairs, Defence and Trade had an inquiry report called Hidden in plain sight. The 2017 Joint Committee on Law Enforcement inquiry into human trafficking, slavery and slavery-like practices produced a report that also explored the establishment of a commissioner. Both reports made recommendations for Australian modern slavery laws that would establish an independent commissioner. When the Hidden in plain sight report was released in 2017, the then government suggested that Australia already has an effective national response to human trafficking and slavery.

I acknowledge the very important role that existing antislavery bodies play in Australia. There is the Interdepartmental Committee on Human Trafficking and Slavery or IDC, for example, which is chaired by the Australian Border Force and is focused on building strong partnerships with government and civil society. It provides an oversight of Australia's response to human trafficking. Its remit includes coordinating the response to emerging human trafficking and slavery issues to review the effectiveness of Australia's antitrafficking and antislavery strategy, to review the Commonwealth's legislative and policy frameworks and to collate data on human trafficking and slavery trends.

But the IDC is not a public office engaged with businesses and their supply chains to improve the rates of compliance under the Modern Slavery Act 2018. The IDC is not designed to advocate for victims, raise awareness or combat the prevalence of modern slavery with a whole-of-society lens. In fact, the IDC's work in relation to supply chains has focused on the Commonwealth's procurement and investment processes. It is clear that the establishment of a commissioner is long awaited and very much needed, and this was confirmed in May 2023 when Professor John McMillan AO tabled his report on the independent statutory review of the Modern Slavery Act 2018. The extensive consultations and submissions to the review highlighted continued strong support for the establishment of an independent, high-profile, specialist commissioner.

Lastly, I want to emphasise that the Albanese government always takes an evidence based approach to legislative changes such as this one. The government is carefully reviewing the recommendations of the statutory review of the Modern Slavery Act as well as a targeted review of modern slavery offences in divisions 270 and 271 of the Criminal Code Act. Once appointed, the commissioner will play a key role in shaping implementation of future reforms recommended by both these reviews.

Presently, this bill represents a significant step forward in the fight against modern slavery. By establishing a Australian Anti-Slavery Commissioner with comprehensive functions, the legislation underscores our commitment to eradicating this heinous crime, fostering collaboration and safeguarding the rights and wellbeing of the most vulnerable among us. That's what a Labor government does. A strong Labor government will always stand against modern slavery and strive for a more just and equitable society. This bill establishing a commissioner is a significant and important commitment to this end.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.

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