Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. In mid-January this year, the ABC ran a story online about a Queensland man who'd been charged with 46 offences, including slavery and torture. According to the media report, the deckhands on the man's vessel were allegedly abused and had food and water withheld. The police inspector interviewed for the story said that the deckhands were not paid for their work and were forced to sleep out on the open deck of the boat. This was up in the far north part of Australia. It's alleged that the deckhands were exploited and manipulated, and some of them even claim to have been assaulted. The matter hasn't been finalised, but I would point out that my nephew worked for the same bloke a couple of decades before and spoke of similar questionable practices and how he saw other people being exploited on the boat. Obviously, these recent incidents all occurred in the waters off northern Australia. The one covered by the ABC was in a remote part of Cape York, out at sea, where there is less safety and scrutiny and where, obviously, there's nowhere to go if you want to leave that workplace. You don't want to go swimming in shark-infested, crocodile-infested waters up there.

However, the practice of modern slavery does not always happen in remote places. It can be happening right next door in a quiet suburban street, in our inner-city electorates or in a factory just down the road. It might be hard to imagine modern slavery existing in our own neighbourhoods, but we are not as far removed from exploitation as people might like to think. We like to think of ourselves as a modern, wealthy country with unions, awards and strong workplace conditions and protections. We're a democracy. We believe that we are progressive in our views of the world and its social norms. Despite this, human-trafficking and slavery in Australia often go unnoticed. While those being exploited may not be in chains, the cases that appear demonstrate that slavery-like practices are taking place right here in our country.

Mr Deputy Speaker, you might recall the case of the Sydney couple charged with modern slavery and sentenced to several years jail for holding a Filipina woman as their domestic slave. They had originally invited the woman to Australia to work as a nanny and housekeeper—perfectly normal—but when her tourist visa expired the couple told her that she could not return to the Philippines as she had to repay the cost to them of bringing her to Australia. For three years the couple forced the woman to work in their home and their business, all without pay. They told her she could not leave the home on her own or talk to anyone outside the family, and she was warned that disobeying these instructions would lead to her being punished. As you can see, Mr Deputy Speaker, exploiting someone is easy. Many people have vulnerabilities, and it can be easy to manipulate those vulnerabilities using fear, violence and misinformation.

It's important to note that modern slavery is distinct from historical slavery in that people are no longer legally owned under the system but instead subjected to illegal control. Modern slavery takes many forms but essentially refers to situations of exploitation that a person cannot refuse to leave because of threats, violence, coercion or deception. It's not a manacle around the ankle, but they are horrific workplaces nevertheless. Exploitative practices that include human trafficking, servitude, forced labour, debt bondage and forced marriage can all be forms of modern slavery. These are all serious crimes under Australian law. From all accounts, forced marriage, forced labour, debt bondage, domestic servitude and deceptive recruitment are on the rise in Australia. Unfortunately, global conviction rates are very low; they at around 38 per cent. In Australia, only 24 offenders were convicted between 2004 and 30 June 2019.

Walk Free, an international human rights group focused on the eradication of modern slavery, surmises that globally there are around 49.6 million people who are enduring some form of modern slavery. Sadly, our wonderful nation, the best place on earth, is not immune from this. In Australia it's estimated that around 41,000 people are experiencing modern-slavery-like conditions. Within Asia and the Pacific, Australia is ranked 26th out of 27 countries in terms of the prevalence of modern slavery, and 149th out of 160 countries globally. In the financial year ending 30 June 2022, authorities received 294 modern slavery reports. That this represents the highest number ever received annually suggests that modern slavery remains underreported in Australia, given the estimated prevalence rate of modern slavery.

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 delivers on Labor's election commitment to add a new, independent pillar to Australia's comprehensive response to modern slavery. The bill before the chamber amends the Modern Slavery Act to establish the core functions of the Anti-Slavery Commissioner, including engaging with and supporting victims and survivors of modern slavery and supporting business to address risks of modern slavery practices in their operations and supply chains, where sometimes businesses can be duped. One of the most important parts of our response is making sure that people who have experienced modern slavery can access timely and appropriate support. In the last budget, the Albanese government committed an additional $24.3 million in funding over four years for the Support for Trafficked People Program. Administered by the Department of Social Services and delivered nationally by the Red Cross, a wonderful organisation, this is a program that aims to help clients in meeting their safety, security, health and wellbeing needs and to develop options for life after they leave the support program.

At the heart of our commitment to eradicating modern slavery is combating the drivers of modern slavery, disrupting its operations and holding perpetrators of slavery to account. Of course, a key focus remains on the people affected, those who have been or may become victims of modern slavery, by placing a strong emphasis on partnering effectively with survivors. This year's budget committed $5.3 million to establish an antislavery commissioner. This new commissioner will play a whole-of-government role in implementing our package in full, alongside other measures such as the introduction of penalties for noncompliance with the Modern Slavery Act. As a country, we have a significant role to play in fighting modern slavery both at home and overseas. A robust and powerful antislavery commissioner is key to this.

The commissioner will be appointed through a merit based and transparent selection process on a full-time basis for a term of up to five years. Independence is important to maintaining objectivity, and the commissioner will have the discretion to work as they need to. Independence also means that the commissioner is free to scrutinise the efforts of government departments, government agencies and the police and others working in prevention, prosecution and protection. Importantly, the commissioner will not be subject to direction. Failure to provide the Australian Anti-Slavery Commissioner with this independence, adequate resourcing and relevant powers could undermine the effective functioning of Australia's Modern Slavery Act.

Once appointed, the commissioner will be required to develop a strategic plan that sets out how they intend to deliver and monitor the effectiveness of their functions. They'll be required to develop an annual report, to be tabled in parliament, outlining their key progress and milestones. This is extremely important in relation to measuring the extent to which objectives and priorities are achieved.

The Albanese government has also committed $8 million over four years to support the commissioner's establishment and operations. The role and functions will complement the work undertaken across government, business and civil society to prevent and to respond to incidents of modern slavery.

It's also important to recognise the important research, support and advocacy that organisations such as Anti-Slavery Australia, Walk Free Australia, the wonderful Red Cross and other organisations have done in this area.

The commissioner will play a key role in helping to shape implementation of future modern slavery reforms, including those which may arise from the recent statutory review of the Modern Slavery Act, which the Albanese government is currently considering. The commissioner will also have an important role in promoting and harnessing research capabilities to support evidence based responses, as well as playing a key role in educating and raising awareness of modern slavery in Australia.

I said earlier that modern slavery cases in Australia are under-reported. That is our great suspicion. We must provide the awareness and tools to recognise that deprivation of freedom and the existence of exploitation, and then to give people the courage, protection and support to come forward and report, and support after they do so. As a government, we must continue to lead by example when it comes to tackling modern slavery. The commissioner will be an advocate for the continuous improvement of practice and policy. While the commissioner will not investigate or deal directly with individual matters of modern slavery—they're not the police—they will be able to make observations regarding systemic issues, based on their engagement with victims and survivors and with the broader community.

I look forward, as I'm sure all in the parliament do, to hearing of the appointment of Australia's first Anti-Slavery Commissioner, a role that will provide an excellent opportunity for government to work with agencies across the country and beyond our borders on policy that will make an impact for survivors and also address the underlying causes which create vulnerability and criminal opportunity. I commend this legislation to the House.

Sitting suspended from 12 : 53 to 1 5 : 59

Shayne Neumann (Blair, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. Our American friends have a country that was conceived with a compromise between the southern and northern states with inbuilt, inherent slavery continuing on. It took until the 13th amendment in 1865 to vanquish the south. The brilliant US President Abraham Lincoln, with the support of Union generals Ulysses S Grant and William Tecumseh Sherman, eventually persuaded enough politicians and states to pass the 13th amendment.

We in Australia understood early that slavery needed to be abolished. We had picked up the common law from the United Kingdom. Agitation took place from the 1750s onwards in the United Kingdom to abolish slavery. Eventually, in 1807, the slave trade was abolished by legislation passed by the UK parliament. We picked that up when New South Wales and Van Diemen's Land, as Tasmania was then called, had legislation that was passed in the Australian Courts Act 1828. That meant that abolition of the slave trade was part of Australian law. Credit to William Wilberforce, a conservative UK politician, and others who eventually saw the abolition of slavery in the UK and obviously then in Australia in 1833.

In the same way that our understanding of domestic and family violence is not just assault and sexual assault—we understand that domestic and family violence is much broader in its understanding, encompassing everything from familial isolation to financial domination and coercive control—we understand also that slavery is more than human trafficking and physical enslavement to work in a workplace. We understand that it can involve deceptive recruiting, debt bondage, forced labour and forced marriage. Modern slavery takes many, many forms. These are insidious and abhorrent crimes and abuses of power that simply have no place in a modern, multicultural, liberal, democratic country like Australia.

In a particularly egregious in my home state of Queensland recently a 47-year-old man was charged with 46 offences involving assault, torture and enslavement of deckhands on his fishing boat in the Gulf of Carpentaria. The accused allegedly intimidated and attacked his young employees and withheld food and water as well as wages. In fact, police have alleged that some of the complainants were in such fear for their lives that they actually jumped off boats and swam through crocodile and shark infested waters to escape being tortured. Sadly, we know modern slavery includes alleged cases like this one. They have become more prevalent both here and overseas. In fact, the Australian government estimates that at least 1,900 modern slavery victims currently exist in Australia, and that's a shocking statistic.

This type of crime is complex, ever evolving and hidden in large part. International conflicts, poverty and climate change have assisted perpetrators to seek to seriously exploit others for their benefit. Online interconnectedness brings increased opportunities to detect and disrupt perpetrators also bringing this crime right to our doorstep. To stop modern slavery, we need engagement and partnership. Combating modern slavery is a challenge that requires steadfastness and collaboration. I'm proud of the role Australia and the Albanese Labor government have played in preventing and disrupting this evil—a fact recently recognised by Australia maintaining its tier 1 ranking in the United States government's 2023 Trafficking in personsreport. Make no mistake, our government is committed to bolstering efforts to tackle this appalling abuse of human rights. To that end, the government's tackling modern slavery package contains a number of key sets of commitments.

The first step is to strengthen the actual legislation and establish an antislavery commissioner. This bill before parliament gives effect to that commitment we made at the last election and amends the act accordingly. Australia will have its first Australian Anti-Slavery Commissioner as an independent statutory office holder in the Attorney-General Department's portfolio. This is a landmark reform that delivers on our election commitment, a new independent pillar and part of a comprehensive approach. The core functions of the Anti-Slavery Commissioner will include engaging and supporting victims and survivors of modern slavery and supporting businesses to address the risk of modern slavery practices in their operation and supply chains.

The commissioner's role and functions will complement work undertaken across government, business and civil society to respond. The commissioner will play a key role in helping to shape implementation of reforms in this area, including those which arise from the recent statutory review of the Modern Slavery Act, which the government is currently considering. That review was led by Professor John McMillan and considered the first three years of the act's operation. It also examined the potential role of the independent commissioner. A number of the review's recommendations were in line with key election commitments in the Tackling Modern Slavery Package, including the need for penalties for noncompliance with the act.

When the previous government put this legislation through, which we supported because we needed to take steps, we thought that it was not tough enough or strong enough. It had flaws. So we are really keen to make sure that that legislation is better, and part of this legislation today is part of our election commitment to do so. This core commitment supports our ambitious agenda to address this insidious scourge.

The commissioner's functions will allow the commissioner to work with victims-survivors in compliance with the legislation; that's absolutely crucial. Having that commissioner in place will assist with implementation of other recommendations and will really be a moral force for good in our society. We view the commissioner as playing a key role in leading the change across government, business and society generally—a national figurehead in Australia's fight against modern slavery. We've committed $8 million over four years to support the commission's establishment and operation. We're confident it will complement and enhance existing initiatives and functions.

We called for the commissioner to be established when the legislation was first passed, when we were in opposition. It fell on the deaf ears of those opposite, but we're glad that they've had a Damascus-road conversion on this and they're now going to support us. We weren't alone in asking for that. We acknowledge those stakeholders—civil, business and academic—who have long campaigned for an independent commissioner to raise awareness of modern slavery in Australia, to provide independent information and support to victims and survivors, to target those businesses that might be involved and to identify and address supply chain issues.

The parliament also supported the idea recently with the 2017 report of the Joint Standing Committee on Foreign Affairs, Defence and Trade—a committee which I now chair—Hidden in plain sight, and the 2017 report of the Joint Committee on Law Enforcement, An inquiry into human trafficking, slavery and slavery-like practices. Both inquiries explored and made recommendations for Australian modern slavery laws that would establish an independent commissioner. So this has a long history, and Labor has strongly been on the side of supporting an independent commissioner.

There's always more work we can do to help victims and survivors. We can do more to ensure businesses are able to identify and address modern slavery risks in their supply chains. There are good businesses that find these things happening in their supply chains, much to their horror. We can do more to support civil society organisations to hold those perpetrators to account; it's critical that they are taken before the courts of law.

On top of establishing this commissioner, we're working to eliminate the scourge of modern slavery through a range of activities at home and abroad. We have appointed 20 members to the Modern Slavery Expert Advisory Group to advise the government. The group advises on the operation of the act and on the practical implementation of measures to strengthen the legislation that the government is considering following the review, which I mentioned earlier. The individuals and organisations appointed bring a diversity of skills. They come from business, civil society, unions and academia.

In addition, in December last year the government hosted the 15th National Roundtable on Human Trafficking and Slavery and announced a $12.1 million funding commitment over five years for the new Forced Marriage Specialist Support Program—and haven't we had enough reviews and examinations of that issue! There's $2.2 million in further funding to extend the Speak Now project. These reviews that I have referred to indicate quite clearly that forced marriages are a scourge and a real problem in our society.

The Forced Marriage Specialist Support Program will provide individualised, needs based prevention and early intervention support for those experiencing or at risk of experiencing forced marriage. It will also provide essential access to counselling and emergency accommodation where required. The Speak Now project, delivered by Anti-Slavery Australia, aims to prevent forced marriage through education, awareness raising and collaboration with the sector. One of the most important tasks of our Tackling Modern Slavery Package is ensuring people who've experienced modern slavery can get the support they need. That's why we committed $24.3 million in funding for the support for trafficked people program in the last budget.

Under the program, the additional funding will be used to increase the minimum length of time for support to 90 days, ensuring equitable financial support for visa holders as well as providing follow-ups after a client has left the program—that's really critical. A pilot program of up to 18 months will also commence this year to allow direct referrals to the program by community providers in response to advocates calls for trial, an additional referral pathway. So we're creating a new pathway. In June last year, the Attorney-General announced 13 recipients of the modern slavery grants round 2 package under the National Action Plan to Combat Modern Slavery 2020-25. The government is providing $2.73 million over two years to develop community and research projects to raise awareness of the issues and help people's responses.

Also last year, the government lodged Australia's ratification of the Minimum Age Convention No. 138 with the Director-General of the International Labor Organization. I also referred earlier to what we're doing internationally. This represents a significant step towards protection of children's rights in combating modern slavery by setting out a minimum age for young people to start employment, so they can work safely without any interference with their education.

In March last year the Attorney-General commemorated with the national roundtable members the 10th anniversary of the legislation that inserted forced marriage, forced labour and organ traffic offences into the Criminal Code Act 1995. We're now reviewing these offences to ensure Australia's criminal justice frameworks are fit for purpose in a changing world.

In June, the government received findings from the targeted review of the modern slavery offences in the Criminal Code conducted by the Attorney-General's Department in collaboration with the Australian Federal Police and the Australian Director of Public Prosecutions. We've been looking at these findings closely to inform any future necessary action to strengthen the criminal justice response to modern slavery, and I want to thank stakeholders for their contributions to that public consultation process.

We're also looking to bolster our international response to combating modern slavery. In February last year the Attorney-General, the Minister for Foreign Affairs and the Minister for Home Affairs attended the Eighth Bali Process Ministerial Conference on people smuggling, trafficking and person related transnational crime. The good engagement we've had with the Bali process member countries is a further example of our region's commitment to working together and collaborating on these issues. This marks 20 years of partnership in combating trafficking between Australia and ASEAN.

Australia is working with ASEAN partners to make a real difference in the lives of vulnerable people in our region. Over 10,000 government officials have been trained to better identify, protect and support victims of trafficking and their families across the whole region. Since 2003, Australia has provided $160 million in development assistance to ASEAN countries to strengthen criminal justice responses and improve victim protection and support. They're just some of the examples of the significant work we're doing internationally. I want to pay tribute to the surviving advocates and say how impressed I've been by their passion and how their voices are heard.

The pilot Survivor Advisory Council, established by the Salvation Army as part of the National Action Plan to Combat Modern Slavery grants program, is one of the many ways the government is acknowledging, empowering and incorporating survivor voices into policy programs and legislation. This program is providing the development of Australia's first modern slavery victim and survivor engagement and empowerment strategy to work together to tackle this problem. This is timely given the theme of last year's World Day Against Trafficking in Persons—'Reach every victim of trafficking, leave no-one behind'.

Early last year, the Attorney-General's Department portfolio agencies, the New South Wales Anti-Slavery Commissioner and civil society partners discussed trauma-informed practices to support survivors of modern slavery through that criminal justice journey, a forum hosted by the Australian Institute of Criminology. There is much more we can do.

This bill builds on our election commitments, on the outstanding work of victims and survivors, civil society and industry stakeholders who advocate for this important reform. We're pleased to fulfil our election commitment. We're glad those opposite have finally seen sense. I commend the bill to the House.

Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source

I rise to speak on and support the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. I'd like to start by thanking Dr David Cooke who worked tirelessly to get the Modern Slavery Act in the first place and recognises this is a very big problem.

Modern slavery is a global issue that the Australian government has a role in addressing. Its scope is huge, ranging from the use of forced labour in overseas factories to forced marriages to domestic servitude in suburban Australian homes. In 2023, the Global Slavery Index estimated that globally nearly 50 million people are victims of modern slavery—over half are women and a quarter are children. Nearly 30 million of those are in forced labour.

It's not just an overseas problem. You could be forgiven for not realising that it is also occurring in Australia. It's estimated that about 1.6 people in every 1,000 are a victim of modern slavery in Australia, so that is still 41,000 people in Australia.

The policies and laws required to address these issues are multiple, as outlined in the National Action Plan to Combat Modern Slavery and requires the engagement of different departments and agencies, including the Australian Federal Police, as well as Australian businesses and government due to the influence and responsibility they have over their supply chains. There is no place for modern slavery in Australia, yet it hides insidiously here as well, in homes, in businesses and, of course, indirectly in the global supply chains of the products and services bought by unsuspecting Australians. I know the constituents of Warringah want confidence that the purchases they make, whether it be a solar panel or a chocolate bar, support fair and free practices and do not risk supporting modern slavery. Yet modern slavery is hidden in the global supply chains of some of the products we buy and services we procure. Because of this, corporations have a key role in addressing and minimising modern slavery risks.

The Modern Slavery Act 2018 deals with only one of the many avenues to combat modern slavery: the role of large Australian businesses in identifying and mitigating modern slavery in their supply chains. It established a reporting regime for large companies of over $100 million in revenue, with statements made publicly available. Mandatory reporting for large companies has been well received. To date, over 4,000 companies have met the reporting threshold and submitted statements in conjunction with the act. Over 70 per cent of those companies support mandatory reporting requirements under the Modern Slavery Act, and less than 10 per cent are not supporting the requirements.

Recently, the McMillan report, which reviewed the first three years under the Modern Slavery Act, made a number of recommendations, including strengthening or reporting, such as due diligence requirements. The government has not yet responded to this review. I understand the establishment of the independent commissioner will help support the government in its response to that very important review.

The bill currently before this House amends the Modern Slavery Act to establish an Australian antislavery commissioner to play a soft role of supporting and monitoring the operation of the modern slavery reporting regime. The establishment of the position itself is welcome and long overdue, having been called for in multiple inquiry recommendations, including the Hidden in plain sight Joint Standing Committee on Foreign Affairs, Defence and Trade on modern slavery inquiry and civil liberties groups, including the Human Rights Law Centre and Walk Free, to match other leading jurisdictions, including the UK and Europe.

However, the powers conferred on the commissioner are limited, primarily focused on a commissioner who will support business, educate and advise civil society, government, and agencies, and provide limited support to victims of modern slavery by directing them to appropriate agencies. The functions outlined in the bill before the House, to assist businesses identifying and mitigating modern slavery risks and to provide national leadership in raising awareness of modern slavery issues, are broadly consistent with the McMillan review, creating a commissioner responsible for supporting and monitoring rather than investigating and prosecuting.

One power, though, that has not been expressly included from the McMillan review includes the role of the commissioner in identifying regions and supply chains that are at higher risk than others from modern slavery and compelling businesses covered by the reporting requirements to consider these higher risk areas. Although this may be achieved through the powers that are outlined, the importance of this function means that this power should be expressly included in the bill.

An example of the specific risks include the modern slavery risks that are known to be within the renewable economy supply chains. I know from my advocacy on the need to accelerate our transition to a renewable economy that ensuring industry is free from modern slavery concerns is critical. We cannot trade one problem for another—solving climate change at the expense of risking the exacerbation of modern slavery and human rights violations. I know my constituents are concerned about these risks, including child labour in the mining of critical minerals such as cobalt and forced labour in solar panel supply chains. They are genuine concerns that must be addressed. Additionally, these risks are weaponised by groups seeking to undermine the transition to renewable energy like this is a 'one or the other' choice. It's not.

The commissioner should have a responsibility to address these risks. However, this bill establishes a commissioner with limited powers, particularly compared with other jurisdictions, such as Europe and the UK where commissioners have the broader power. Under this bill, the commissioner does not even have the power to compel the businesses subject to the Modern Slavery Act to meet their requirements. Instead, the commissioner will play the role of assisting businesses, leaving enforcement of the Modern Slavery Act to the Attorney-General's Department. Additionally, the bill expressly states that the commissioner does not have the power to investigate or resolve individual cases of modern slavery, taking a weaker position than the New South Wales commissioner.

Maybe the greatest omission from this bill, in fact, is that there is no requirement or duty for other agencies or departments to co-operate with the commissioner in the event of findings. This is a provision that is included in the New South Wales legislation and ensures a requirement for findings made by a commissioner to be adequately followed up where such actions fall outside the commissioner's scope of jurisdiction. I think it's a missed opportunity in this bill to establish a commissioner who considers modern slavery issues more broadly beyond the role corporate Australia plays in addressing modern slavery issues and the limitations of the Modern Slavery Act. It's a bird's eye scope for a commissioner that has been advocated for by civil liberty groups, including Walk Free. When it comes to modern slavery in business and supply chains, it is not only the role of Australian corporations to identify and mitigate; the Australian government must do more to address modern slavery and give Australian's confidence that the products and services they buy and the commissioner could have a role in monitoring and supporting broader reform.

International jurisdictions are implementing Magnitsky-style sanctions and border protections for the rejection of goods that are made with forced labour. Beyond supply chains, modern slavery hides across Australia in every area of society and the economy. It exists in small businesses in Australia and in homes in Australia, and it extends to the illegal sex trade, including paedophile rings.

Last year the Sydney Morning Herald and 60 Minutes investigated serious failings in our Home Affairs office that included modern slavery—the story of Henry Qi, who believed he was coming to Australia to study and was instead a victim of industrial-scale exploitation of our visa scheme, forced to work in a car window tinting factory with appalling conditions with his passport taken away from him.

Whilst we often think of modern slavery as something that is happening in developing nations far away, it is actually here as well, and so we need to be mindful of how we frame and think of the problem. Even in Warringah: I know from a brave constituent her story of being a victim of human trafficking as part of a child paedophile ring from the age of four when she lived in Adelaide. Her story highlights the horrific trauma inflicted on the victims of human trafficking.

There is a need for independent oversight of all types of modern slavery, which could be undertaken by the commissioner. The scope of this office should be broadened in the future. I welcome this bill and its establishment of the commissioner, but there is more work to be done to enhance and strengthen the Modern Slavery Act and its operation and broaden the role of the commissioner. I call on the government to accelerate its response to the 30 recommendations made in the McMillan review and other actions, including the visa system, sanctions and border control, to bring Australia's response to modern slavery in line with other leading jurisdictions.

Louise Miller-Frost (Boothby, Australian Labor Party) Share this | Link to this | Hansard source

I rise today to speak to the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. It's a truth that I suspect is not disputed that slavery is a heinous crime. It is a scourge on us as humans and a scourge on our society. Although the UK Slave Trade Act officially outlawed the slave trade in the British Empire in 1807, slavery has existed long after that date. In Australia the so-called blackbirding, a slave trade from the Pacific islands to the east coast of Australia to provide labour for cane fields, existed much later, starting around 1860 and continuing until the 1900s. We know Aboriginal people were often made to work in stations and on missions, with wages withheld or partially withheld, even up until the 1970s. These cases are subject to stolen wage cases now, which continue to this day, and I commend some of the legal firms supporting these important class actions to retrieve stolen wages.

In our modern Australian society, slavery is more hidden but no less damaging to individuals and to our society. Modern slavery practices, like all previous slavery practices, are major violations of human rights. Slavery is a serious crime that has become more prevalent globally. It is a complex, ever-evolving and hidden crime. Australian organisations spend a lot of effort trying to eliminate overseas slavery from their supply chains, which is an important ethical consideration to ensure that we are not supporting human misery overseas. But onshore slavery, slavery right here in our country, often goes under the radar and of course is no less criminal and no less damaging.

I recently met with Associate Professor Marinella Marmo, an expert in modern slavery. She is a professor in law and criminology at Flinders University, and modern slavery is one of her areas of research. Professor Marmo told me that overseas students, people on work visas and foreign and temporary workers are particularly vulnerable to slavery practices, but other vulnerable groups, such as young people, people experiencing homelessness and people with disability, can also be targeted by unscrupulous employers.

What does modern slavery look like in Australia? It looks like accommodation rackets where employers are overcharging for accommodation, for transport to work, for food and for internet access so that the worker is essentially working for free. Female workers, particularly, are sexually exploited in order for them to get more hours or, worse, are tricked into the illegal sex trade. There are situations where the workers' passports are held by the employer. Workers are being forced to work excessive overtime or risk losing their jobs and thereby potentially breaching their visa conditions. For overseas workers, these unscrupulous employers know that the workers don't have good support networks in Australia. Language may be a barrier. They may be fearful of government because of the situation in their home country. The worker is often intimidated for fear of being reported for visa breaches, real or made up.

More locally, vulnerable people may be in fear of losing their job with a bad reference and having no other source of income. Professor Marmo says that her research has unearthed examples in a number of industries in remote-area work such as agriculture—where victims have additional barriers to physically leaving the premises—in hospitality, in 24/7 services such as petrol stations, in car washes, in nail salons and in the cleaning industry. These are but a few industries but by no means an exhaustive list. When we talk about the importance of protecting workers' rights, of ensuring a fair day's pay for a fair day's work and of ensuring people are safe in their work environment, this goes doubly so for this extreme form of exploitation. This government takes workers' rights seriously, and this government is taking modern slavery seriously.

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 will deliver a key component of the government's 'tackling modern slavery' election commitment. The bill will also support the government's 2023-24 budget announcement of $8 million over four years allocated for the establishment of an Australian Anti-Slavery Commissioner. This bill amends the Modern Slavery Act 2018 to confer a number of critical core functions on the commissioner, including to engage and support victims and survivors of modern slavery, to promote compliance with the Modern Slavery Act and to support business to address risks of modern slavery practices in their operations and supply chains.

Modern slavery practices can and do affect any country, and Australia is not immune. In 2019 the Australian Institute of Criminology's research found that there were between 1,300 and 1,900 victims of human trafficking and slavery in Australia between 2015-16 and 2016-17. The AIC's research also indicated that, for every victim detected in Australia, there are approximately four undetected victims.

Australian businesses are also exposed to modern slavery risks, and some goods and services in Australia are likely tainted by modern slavery. The Modern Slavery Act has increased transparency in supply chains and elevated awareness among the Australian business community of modern slavery risks. The government recognises that more can be done to address estimates that modern slavery crimes continue to increase here and abroad. The bill will deliver long-awaited reform by adding an independent pillar to Australia's comprehensive framework to combat modern slavery.

Civil society, business and academia have long advocated for an independent commissioner who could raise awareness of modern slavery in Australia, 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. The 2017 reports of the Joint Standing Committee on Foreign Affairs, Defence and Trade, Hidden in plain sight, and the Joint Committee on Law Enforcement, An inquiry into human trafficking, slavery and slavery-like practices, both explored and made recommendations for Australian modern slavery laws that would establish an independent commissioner.

In May 2023 the statutory review of the Modern Slavery Act led by Professor John McMillan AO also examined the potential role of an independent commissioner. The extensive consultations and submissions to the review highlighted continued strong public support for the establishment of an independent, high-profile specialist commissioner. By further strengthening Australia's response to modern slavery, this bill demonstrates Australia's heightened commitment to upholding the absolute right to freedom from slavery and forced labour and the right to protection from exploitation, violence and abuse.

The bill also requires the commissioner to consider Australia's international commitments when performing their functions, to ensure that implications for Australia's human rights and trades obligations are appropriately respected. The bill establishes the commissioner as an independent statutory office holder. Through the commissioner, the bill provides an independent mechanism for victims and survivors, business and civil society to engage on issues and strategies to address modern slavery. Independence will facilitate the commissioner's engagement with diverse stakeholders to gain insights that would inform advocacy for improved policy and practice to address modern slavery.

The commissioner will be financially accountable to the parliament and will develop a strategic plan describing their priorities over the lifetime of the plan, to be published on their website. The commissioner will report on the outcomes of their activities in their annual reports, which will be tabled in parliament. The bill also requires the commissioner to uphold Australia's public governance and privacy laws when performing their functions, to protect individuals and Australia's interest.

I turn now to the government's response to the review of the Modern Slavery Act. The government will respond to the review in 2024, after careful analysis of the recommendations. Further functions may be considered for the commissioner as necessary, following the government response to the review.

As Australians, we expect that workers will be safe in the workplace, will be paid appropriately, will have the freedom to leave a job or to change jobs at will. We assume that these basic standards apply not only to us as Australians but also to overseas workers who come to our country either as students or on work visas. We assume that, when we go to a supermarket to buy food or when we get our car washed or when we buy a meal from a restaurant, we are not contributing to a slavery supply chain. This bill is another step forward in eliminating modern slavery in our country. I commend the bill to the House.

Kate Chaney (Curtin, Independent) Share this | Link to this | Hansard source

Modern slavery hides in plain sight in business practices and supply chains in Australia and in every other country in the world. It goes without saying that people must be able to work in conditions that are free from exploitation and degradation. Modern slavery refers to criminal and some nefarious slavery-like business practices that deny employees their self-determination and agency. This includes not just the better-known human trafficking and forced labour but also debt bondage, child labour and domestic servitude. In Australia, new migrants, workers who are temporary visa holders and students are particularly vulnerable to modern slavery practices.

We're very fortunate in Western Australia to have the expertise of the international human rights group Walk Free, which is focused on the eradication of modern slavery. Walk Free produces the Global Slavery Index, which provides the most comprehensive data on modern slavery in the world. In Australia, seven people in 100 are estimated to be vulnerable to modern slavery. In 2021, a total of 41,000 people were estimated to be living in slavery in Australia. This is, of course, a huge problem, but supply chains present an even greater issue. Many Australian companies regularly do business with countries with a much higher vulnerability to modern slavery. Walk Free reports that Australia is estimated to annually import nearly $26 billion worth of products at risk of having been made with forced labour.

With globalisation comes greater competition. Companies are always on the lookout for any competitive advantages. Opportunities to access cheaper labour costs may be one such advantage. We need to develop widespread business awareness and practices in Australia that recognise the factors that increase the risk of modern slavery both in Australia and in overseas supply chains—factors such as gender inequality, poverty and, in particular, an absence of workplace regulation and safeguards in other countries. There's a lot more work to do.

The current Modern Slavery Act imposes reporting conditions only on entities carrying on business in Australia—both Australian and foreign—that have a consolidated revenue of at least $100 million in Australia. These large companies must submit a modern slavery statement every year. They're required to report on the risks of modern slavery practices in their operations and supply chains and the actions taken by them to address those risks. That's the extent of the reporting required.

In May 2023 Professor John McMillan AO, conducted a mandatory review of the Modern Slavery Act, which resulted in 30 significant recommendations for reform. One of the 30 recommendations was the establishment of the Commonwealth Anti-Slavery Commissioner, which is the subject of this bill and was foreshadowed by the 2023 budget allocation of $8 million for this role. I welcome the appointment of the Anti-Slavery Commissioner and I will support this bill because it's a step in the right direction, but I do so with some reservation. It feels distinctly like the government is putting the cart before the horse. My concern is that, if other reforms are not implemented at the same time, the Anti-Slavery Commissioner will have limited ability to actually uncover slavery or to support well-intentioned companies to take reasonable and necessary steps to avoid slavery risks and to hold to account businesses that are knowingly condoning modern slavery.

It would have made more sense to include this new appointment as part of a comprehensive package of other much-needed reforms to the Modern Slavery Act. I want to talk about what other reforms are needed and why they need to happen before or at the same time as the creation of the Anti-Slavery Commissioner role—or, in the worst case, only a short time afterwards. The McMillan review concludes that modern slavery is not yet being treated with the seriousness it deserves in Australia. The main criticism of the act relates to two things: firstly, the standard, substance and effectiveness of reporting and, secondly, the lack of enforceability.

The main criticism of the act relates to two things. Firstly, it's the standard substance and effectiveness of reporting, and, secondly, it's the lack of enforceability. To improve reporting, we need to reach more companies, embed a more consistent reporting methodology and ensure that reporting is based on reasonable due diligence. In relation to reaching more companies, it's recommended that we lower the mandatory reporting threshold from $100 million of consolidated income to $50 million. Currently, only 3,000 entities in Australia are required to report. Lowering the threshold will likely require another 2,500 companies to report and send a message that all companies should take the risk of modern slavery seriously. I understand that there's always a trade-off when creating new regulation for business, but a company turning over $50 million should be required to address modern slavery, because smaller companies are often prominent in high-risk industries, and this would bring Australia in line with reporting thresholds in other countries. It's important we send a clear message that modern slavery is not acceptable in Australian businesses.

The second part of reporting that needs improving is consistency. To achieve this, we need clearer guidance given to reporting entities. The review highlights the poor standard and inconsistency of the modern slavery reports currently received. Businesses clearly require more assistance to respond with best practice. Businesses generally want to avoid slavery in their supply chains, but it is complicated. In a previous role, I chaired Wesfarmers' ethical sourcing forum trying to address supply chain risks, including slavery, across Coles, Target, Kmart, Bunnings and other businesses, report appropriately and share best practice between divisions. It's a difficult challenge, and I know how important it is to get good guidance to ensure that well-intentioned companies can do the right thing.

One of the principal functions of the new commissioner listed in this bill is to provide support to entities to address risks of modern slavery practices in their operations and supply chains. It's not clear what this actually means. Can the commissioner examine and monitor business practices? To what extent can the commissioner act on information provided about business practices that may or may not amount to modern slavery? Or is it merely intended that the commissioner will provide entities with feedback on their modern slavery reports, how they might improve them and no more? It would be really helpful if it were clearer what support the commissioner can provide and, critically, the outcomes that the support is intended to achieve. Effective support requires tangible guidance that goes beyond providing a checklist.

The bill should go further and include as part of the Anti-Slavery Commissioner's functions the provision of specific guidance that demonstrates how reporting entities can make better assessment and measurement of risk, demonstrates how entities and sectors can identify the vulnerabilities associated with different types of modern slavery, provides best practice for reporting of incidents, responses and remediation and provides scope to monitor responses and actions relating to actual and not merely perceived risks. The third improvement needed for reporting is a system of due diligence. Companies should be required to undertake due diligence in their supply chains rather than just turning a blind eye. They should account for their responses to actual risks rather than merely providing a theoretical list of perceived risks. These are the reporting changes that are needed.

The second main criticism of the act and the review is the lack of enforceability. The functions of the commissioner need to extend beyond support and promoting compliance. The consequences of modern slavery in Australia have implications for other policies and laws of the Commonwealth that go beyond the Modern Slavery Act. Modern slavery has the potential to intersect with criminal justice, law enforcement, victim support services, migration, visas, employment law and procurement, to name just a few. For our Anti-Slavery Commissioner to be effective, we must give them the power to monitor our whole-of-Australia response to modern slavery and to make referrals or recommendations to agencies and departments on how they could strengthen or improve our collective response.

The bill includes provisions for the Anti-Slavery Commissioner to request relevant information from a Commonwealth agency, and, where it is reasonably practical, that agency must comply. This creates a much weaker obligation than the duty to cooperate created by both the modern slavery legislation in New South Wales and the equivalent in the United Kingdom. I urge the minister to include, as recommended by Walk Free, a function for the commissioner to make recommendations to any government department or public authority about the exercise of its functions as they relate to modern slavery. Further, the minister should include a duty to cooperate with the commissioner on the part of departments and agencies. An antislavery commissioner that's truly independent must be able to monitor and reach out to different departments and sectors about other laws and policies and seek cooperation where that may impact upon or have consequences for modern slavery. As part of this, the bill is also strangely silent on the issue of how the new commissioner will interact with Australia's National Action Plan to Combat Modern Slavery and our national roundtable, and in relation to any mechanism for collaboration with Australia's Ambassador to Counter Modern Slavery, People Smuggling and Human Trafficking. If we're serious about strengthening our response to modern slavery then we must integrate the functions of all the major players in this puzzle.

I also want to say something about the commissioner's role in relation to victims of modern slavery. The bill anticipates functions that are largely administrative. A commissioner can pass on to victims information relating to any available resources, programs and services, and can also engage with victims to inform the consideration of measures for addressing modern slavery. The commissioner may not investigate complaints relating to modern slavery; indeed, it has no complaint or dispute resolution handling role at all. In fact, the bill is silent on the issue of how the commissioner will respond to complaints it receives and to whistleblowers. There is no specified referral process or mechanism to appropriately deal with information or to activate other agencies dealing with complaints received. These complaints could be time sensitive and could have very serious implications for victims. It's not adequate to cover these scenarios under the commissioner's function to consult and liaise with other departments and agencies. There should be a proper mechanism which addresses referrals of serious conduct and the status of whistleblowers. This, again, brings into focus the need for reform of public interest disclosure and whistleblower legislation. Each of these areas of needed reform will impact upon the functions of an antislavery commissioner, so it seems inefficient to legislate for this new role in a vacuum without implementing the broader reforms required.

In conclusion, I welcome the appointment of an antislavery commissioner. However, the government must press ahead with much-needed reform of the Modern Slavery Act. I also urge the government to amend this bill to enhance the scope of the commissioner's role and powers so they can be part of driving real change. This would include, firstly, empowering an antislavery commissioner to provide more tangible guidance to reporting entities and set stronger expectations and obligations for reporting and due diligence; secondly, creating a mechanism to refer complaints and protection of victims and whistleblowers; thirdly, creating a duty to cooperate with the commissioner; and, fourthly, integrating the role and authority of the commissioner within the overall modern slavery framework in Australia.

Gordon Reid (Robertson, Australian Labor Party) Share this | Link to this | Hansard source

It is unfortunate that slavery is not a problem that existed yesterday, because it exists today in the form of modern slavery. It is a problem that doesn't just affect Australia and doesn't just affect our neighbours to the north. It affects countries all over the globe and people from all walks of life: men, women, boys, girls, different ethnicities and religions and such.

Modern slavery is actually a topic that I have had some interest in for quite some time now. It came to my attention when I was leaving high school, in 2010, and about to enter university. It was on a CNN report, in fact, on the CNN Freedom Project, which outlines what modern slavery is, how it impacts communities right across the globe and how it impacts businesses and corporations as well. Modern slavery truly is a scourge on our society; it is a scourge on our global society and here in Australia. The control of another human being and their family in order to exploit them is absolutely abhorrent. Millions of people around the globe are currently living in modern slavery. It's just not good enough.

Modern slavery is quite varied in what it looks like and how it presents. It can be sex trafficking, child sex trafficking, forced labour, bonded labour or debt bondage, domestic servitude, forced child labour, forced marriage and the use of child soldiers in conflict. I have to say that all of these are horrendous, and I know that all members here would agree that these are absolutely horrendous. So what we must do, and what this bill seeks to do in the Australia context but more broadly, is combat this problem.

What I want to do first is look at modern slavery in Australia and how it impacts our communities here. I then want to explore and get to the crux of what this bill is—namely, it establishes the Anti-Slavery Commissioner. We know that modern slavery practices are major violations of human rights. They are, as I have just said, serious crimes that have become more prevalent right across the globe. They are complex. They are ever evolving. Also, importantly, they are hidden in plain sight. The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 would deliver a key component of the Albanese Labor government's election commitment to tackle modern slavery. The bill would also support the government's budget announcement on 9 May 2023 that $8 million over four years would be allocated to the establishment of the Anti-Slavery Commissioner. This bill amends the Modern Slavery Act 2018 to confer a number of critical core functions on the commissioner, including to engage and support victims and survivors of modern slavery, to promote compliance with the Modern Slavery Act and to support business to address risks of modern slavery practices in their operations, as well as, really importantly—and this has been said a few times now by other members in this chamber—to address the risk of modern slavery practices in the supply chains of businesses.

As I've alluded to, Australia isn't immune to modern slavery. These practices can affect any country, and they affect Australia. In 2019, the Australian Institute of Criminology's research found that there were between 1,300 and 1,900 victims of human trafficking and slavery in Australia between 2015-2016 and 2016-2017. AIC's research also indicated that, for every victim detected in Australia, there are approximately four undetected victims. So there are people in our community suffering from this horrific issue who are not getting the assistance that they need in order to work and live safely with their families.

Australian businesses are also exposed to risks from modern slavery. Some goods and services in Australia are likely to be tainted by modern slavery practices. That's what I was talking about earlier with regard to those supply chains. The Modern Slavery Act has increased transparency in those supply chains and elevated awareness of these risks among the Australian business community. Within the Labor government, we recognise that more can be done to address estimates that modern slavery crimes are continuing to increase here and are also continuing to increase abroad.

This bill delivers what we committed to, and that's a reform that will add an independent pillar to Australia's comprehensive framework to combat modern slavery. Civil society, academia and business have long advocated for an independent commissioner who could raise awareness of modern slavery in Australia, provide independent information and support to victims and survivors and provide targeted support to businesses to identify and address modern slavery risks in their supply chains.

The 2017 reports of the Joint Standing Committee on Foreign Affairs, Defence and Trade and the Joint Committee on Law Enforcement both explored and made recommendations for Australian modern slavery laws that would establish an independent commissioner. In May 2023 the statutory review of the Modern Slavery Act led by Professor McMillan AO also examined the potential role of an independent commissioner. There were extensive submissions and extensive consultations at that point, which highlighted continued strong public support for the appointment of a specialist antislavery commissioner here in Australia.

This bill further strengthens Australia's response to modern slavery. It demonstrates Australia's heightened commitment to upholding the absolute right to freedom from slavery and forced labour and the right to protection against exploitation, violence and abuse. I won't go through them again, but I did give some horrific examples of modern slavery that occurs right across the globe, from sex trafficking to forced labour to forced marriage and child soldiers. They are all absolutely horrific, and we must combat them.

This bill establishes the Anti-Slavery Commissioner as an independent statutory office holder. Through the commissioner, the bill provides an independent mechanism for victims and survivors, businesses and civil society on issues and strategies to address modern slavery. Independence would facilitate the commissioner's engagement with diverse stakeholders to gain insights that would inform advocacy for improved policy and practice to address modern slavery issues.

I'd also like to highlight the governance surrounding the appointment of the Anti-Slavery Commissioner here in Australia. The commissioner would be financially accountable to the Australian parliament and would develop a strategic plan describing their priorities over the lifetime of said plan, to be published on their website. The commissioner would then report on the outcomes of their activities in their annual reports, and those reports would then be tabled in parliament for all to see. The bill also requires the Anti-Slavery Commissioner to uphold Australia's public governance and privacy laws when performing their functions, to protect individuals and Australia's interests.

Regarding the review of the Modern Slavery Act, the government will respond to it after careful analysis of the recommendations, and further functions may be considered for the commissioner as necessary, following the government response to that review.

I really again want to highlight that slavery is not just a problem that existed yesterday. It is not a problem of the past; it is a problem now. It is a problem here in Australia, as we've heard. They are troubling statistics. Up to 1,900 people—that is absolutely unacceptable. This problem exists here today. It's right across the world, in all of our communities and it affects people from all walks of life—men, women, boys, girls, different religions, different ethnicities and the like. This is a problem that is right through our communities.

Again, I'll give a shout-out to one of the reasons that I became interested in this topic and found out about this topic. It was the CNN Freedom Project. I was watching the news. I think it was either the last day of high school or the first week of university. This program came on, and the report spoke about what modern slavery is, how it affects our communities and what governments across the world, not-for-profit groups, advocacy groups and the like should be doing in order to support not just those affected, and families and communities affected, but also businesses and their supply chains and governance structures. This is an absolute scourge on our society. The control of another human being in order to exploit them and then control their families and such is abhorrent and it must come to an end. Part of how we combat this problem is through this bill, the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023, with the establishment of the Anti-Slavery Commissioner. I commend the bill to the House.

Rebekha Sharkie (Mayo, Centre Alliance) Share this | Link to this | Hansard source

While it has long been outlawed in modern society, modern slavery persists. It exists where coercion, threats or deception is used to exploit victims and limit freedoms that many of us take for granted. Modern slavery is found in every country and can include human trafficking, slavery, servitude, forced labour, debt bondage, forced marriage and child labour.

Of an estimated 50 million people subjected to modern slavery worldwide, 28 million are in forced labour and 22 million in forced marriage. It's estimated that more than 10 million of those in forced labour are children, robbed of their opportunity to have a childhood or to be with their families. They are robbed of their health, their safety and their access to education. There is a high cost of forced child labour. Their lives depend on our choices and Australia moving to be modern slavery free.

In the last parliament, I introduced my Customs Amendment (Banning Goods Produced by Forced Labour) Bill 2021 in the hope that Australia would not be the end point of services and products made by forced labour. That bill built upon former Independent senator Rex Patrick's bill, the Custom Amendments (Banning Goods Produced by Uyghur Forced Labour) Bill 2020, which aimed to address the well-documented human rights abuses of hundreds of thousands of Uighur people being used in forced labour. Senator Patrick's bill was referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee, which endorsed its objectives but recommended the introduction of a global ban on importing to Australia goods that are produced by forced labour—all provided for in my bill. Despite this recommendation, the government of the day did not support our bills and neither former senator Patrick's nor my bill passed into law.

The bill before us forms part of the government's response to the 2023 statutory review of the first three years of operation of Australia's Modern Slavery Act 2018, led by Professor John McMillan. In line with the review's recommendations, a new Anti-Slavery Commissioner will fight slavery in Australia and overseas by fostering compliance with the Modern Slavery Act. The commissioner will seek to improve transparency in supply chains, raise the profile of modern slavery through education awareness and provide resources to support victim-survivors of modern slavery practices. The commissioner is not intended to investigate or deal directly with individual matters within the remit of enforcement agencies.

Be Slavery Free, working with other civil society groups, advises that, while the bill represents a positive start, there some gaps and omissions. The Australian Council of Trade Unions stated:

Unfortunately, this Bill falls far short of what is required to ensure an effective response to modern slavery. It proposes a piecemeal response with the creation of a figurehead primarily exercising education, promotion and awareness-raising functions, with a very small budget to carry out this role. This is completely inadequate to deal with the scope and severity of the problem of modern slavery.

We recommend that the Bill be withdrawn in its current form and substantially amended.

Human rights experts agree that it does need to go further, with Professor Emeritus Paul Redmond stating in his submission that the commissioner is in:

… a narrowly constrained role, incoherently emerging from the disordered jumble of functions listed in the paragraphs of s20(1).

The UK Modern Slavery and Human Rights Policy and Evidence Centre's submission outlines the importance of the independence of the Anti-Slavery Commissioner, based on the UK experience.

There appears to be agreement that the bill falls short of providing a comprehensive response to modern slavery, that the commissioner's role, as drafted, lacks the teeth they need to fight modern slavery and that the budget committed to date will be inadequate. The commissioner's independence must be guaranteed so that it may raise difficult issues with government, business and other stakeholders. That is why I have tabled detailed amendments to this bill.

It will require Australian entities and entities carrying out business in Australia to assist the commissioner in their functions and to address modern slavery. It will require entities to undertake due diligence processes to address the risk of modern slavery practices in their operation's supply chain rather than just risk reporting; increase the commissioner's focus in helping to identify and provide support for victims-survivors, including helping them with complaints and coordinated referrals to relevant organisations; enable the commissioner to provide advice to the minister on modern slavery matters at their own instigation rather than only at the minister's request; clarify that the commissioner can conduct general inquiries but not interfere with investigations by enforcement agencies; require the commissioner to consult more broadly with civil society, victims-survivors, business and government agencies in strategic planning; and set a three-year time frame for a statutory review of the commission's budget after commencement of the legislation to ensure that they are appropriately resourced. Beyond the legislation, the government needs to determine the structure and commit the resources necessary to enable the commissioner to properly fulfil their duties and functions.

I thank the Attorney-General's office for its willingness to consider the amendments that I will be putting forward in the consideration and detail stage. However, these amendments really can't wait. The commissioner should be fit for purpose from the start rather than aspiring to make further changes in the future when we know that we can do those changes now. I commend this bill to the House and look forward to working with the government and all members to improve upon the role, resourcing and independence of the commissioner so they can best fight modern slavery.

Luke Gosling (Solomon, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. Modern slavery is a major violation of human rights. It is a serious crime, afflicting innocents all across our globe. It's a pox on our shared humanity, but we shouldn't see it as a new phenomenon. Behind the word 'modern' lies an ancient evil. The new is but a mutation, a strain of an older disease, and we may never know the total number of its silent sufferers—those victims of that original sin, as it has been called, of the brutal, at least 11,000-year-old peculiar institution that flourished across all regions of the earth over a millennia.

Mass slavery was invented by the ancients to fuel the rise of what they call, without irony, civilisation. Egypt, Babylonia, Israel, Persia, Greece, Rome, the Arab caliphates, India, China, and the pre-Columbian Americas all practiced it. Millions were bound by chains around their necks and ankles, yoked like oxen to till rice and wheat fields, their mouths parched, shirts drenched, fainting in the excruciating heat, whipped like horses to keep going and heaped in open graves like strays when their bodies crumbled. Up to 100,000 Athenians may have been enslaved, which was about one-in-four inhabitants, and 1.5 million people in what is now Italy by the first century BC—another quarter of that population. Estimates for the 19th century transatlantic slave trade alone range between 12.5 million and 20 million people taken from Africa, tricked and forced onto boats. It was a practice that existed in the Pacific Islands, with 62,000 people being blackbirded, or kidnapped, from their families to work on Australian farms in that dark chapter of our history. The grim global tally, if one were possible, might easily run into the tens of millions of souls. Many faces and so many stories—most lost for all time.

I dwell on old-fashioned slavery to make this point. While all people of good faith may join together in their shared revulsion of the ancient practice of slavery and celebrate the triumph of abolitionism over the treatment of one's fellow humans as beasts of burden, even 235 years after the Declaration of the Rights of Man and of the Citizen in France, 163 years after the Emancipation Manifesto in Russia, 161 years after the Emancipation Proclamation in the United States, 113 years after a Qing court edict abolished slavery in China, and 76 years since the UN's Universal Declaration of Human Rights—even after so many triumphs lighting the Promethean torch of our shared humanity—it is still too soon for a victory parade. Millions remain enslaved and imprisoned in a vale of tears, still alive—some barely—in what the Bible calls the pit or the abyss. It's a place reserved for dead souls in what I refuse to call modern conditions. Let us rather call them antiquated, barbaric conditions.

Around the world, 49.6 million people are still held captive, according to the latest global estimates of modern slavery, at least four times the victims of the transatlantic slave trade. Slavery never really ended. The peculiar institution, as it's known, is still open for business—thriving, even. 'But is this really slavery?' some of you might ask. After all, it does not look like that slavery of old, the immense stones dragged by thousands of Jewish slaves to build the colosseum, or the White Sea canal built by forced labour from a soviet gulag at a cost of 50,000 lives. I agree that modern slavery is far more insidious than that. It's well hidden—pervasive even—seeded into our supply chains. But modern slavery is still slavery. If we can't accept that then all of us are part of the problem. We obviously do accept that.

But who are our modern slaves? They are the 22 million people, a population just a little bit less than Australia's, living in forced marriages, two out of every five a mere child. They are the 27.6 million people working in sweatshops and forced labour camps, even in our very own region, owned like chattels and now the quasi-property of a state or armed group, just as slaves were once owned by a single person. They are the forced labourers, including children in Central Asia still forced to pick cotton like in the antebellum south. They are the 6.3 million often trafficked into commercial sexual exploitation, mainly women, with many of the worst-ranking countries being in Asia, the capital of modern slavery. Horridly, in 36 per cent of cases in our region there are children too. If that's not slavery, then what is it?

Their exploiters act with the same disgusting impunity as the slave masters of old. Even in our information saturated age they strive to keep modern slaves as isolated, invisible and disempowered as they once were—out of sight, out of mind. Well, we have a message for those predators: wherever you may be, we are intent on ending your business model. Whatever is required, however long it takes, there will be no hiding from the collective searchlights of governments and civil society actors working to end this scourge. There has been incredible work by organisations like Walk Free, Anti-Slavery International, End Slavery Now, as well as the Santa Marta group—a coalition of civil society, law enforcement, business and faith communities that I'm proud to have been working with on this issue. There are also institutions, like Australia's Anti-Slavery Commissioner established by this bill, which I will return to shortly.

My office has dedicated some of its own resources to identifying the gender disparity in human trafficking in modern slavery in Australia.

A division having been called in the House of Representatives—

Sitting suspended from 17:24 to 17:36

As I mentioned, my office has dedicated some of its own resources to identifying the gender disparity in human trafficking and modern slavery in Australia and the Indo-Pacific. I salute the work of a previous ANU intern, Tess Brummelhuis. I also thank colleagues across this parliament who have shown leadership on modern slavery and human trafficking, including Senator Linda Reynolds. Though it would take a truly bipartisan and global partnership to achieve it, we will achieve Sustainable Development Goal 8.7:

Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.

We can only achieve this difficult objective—cutting as it does across hundreds of national borders and jurisdictions—if we were to treat and view the plight of modern slaves with the same urgency and indignation that we would classical slavery, as I outlined earlier, because it is slavery. The original sin remains the same blot on our whole species that it always was. The motto of our government is 'we will leave no one behind', and we are a government that will always look after the disadvantaged and the vulnerable.

Human slavery is far above party and politics. It's higher even than our national interest as Australians. Eradicating it is surely a global interest of all countries. A Russian writer proposed that we should give up our ticket to a harmonious life on account of the unatoned tears of a single tortured child praying to God for deliverance, and I propose that we take the same attitude to ending this evil and that we not rest until every person is accounted for as safe.

Australia is not free of modern slavery. It's a practice that can affect any country, and we shouldn't think of modern slavery as something that happens out there beyond our borders in a fallen world outside our coast. It's nefarious effects reverberate across Australian society.

In 2019 the Australian Institute of Criminology found there were between 1,300 and 1,900 victims of human trafficking and slavery in Australia between 2016 and 2017. AIC's research also indicated that for every victim detected in Australia there were approximately four undetected victims. Australian businesses are also exposed to modern slavery risks. Some goods and services in Australia are likely tainted by it, and this bill delivers a key component of the government's tackling modern slavery election commitment. The bill also supports our May 2023 budget announcement that $8 million over four years will be allocated to establish the Australian Anti-Slavery Commissioner. This bill amends the Modern Slavery Act 2018 to confer core functions on the commissioners. It supports victims-survivors of modern slavery, it promotes compliance with the Modern Slavery Act and it supports businesses to address risks of modern slavery practices in their supply chains.

The Modern Slavery Act increased transparency in supply chains and elevated awareness amongst the Australian business community of the risks of modern slavery. But the government recognises that more can be done, because modern slavery crimes continue to increase both here and abroad. The bill delivers a long awaited reform by adding an independent pillar to Australia's framework to combat modern slavery. Civil society, business and academia have long advocated for an independent commissioner who could raise awareness of modern slavery in Australia. The 2017 report of the Joint Standing Committee on Foreign Affairs, Defence and Trade, Hidden in plain sight, and of the Joint Committee on Law Enforcement inquiry, An inquiry into human trafficking, slavery and slavery-like practices, both made recommendations for Australian modern slavery laws that would establish an independent commissioner. In May 2023 the statutory review of the Modern Slavery Act, led by Professor John McMillan AO, also examined the potential role of an independent commissioner. The extensive consultations and submissions to that review highlight continued strong public support for the establishment of an independent specialist commissioner. By strengthening Australia's response to modern slavery, this bill demonstrates our firm commitment to upholding the absolute right to freedom from slavery and freedom from forced labour.

The bill also requires the commissioner to consider Australia's international commitments when performing their functions to ensure that implications for Australia's human rights and trade obligations are respected. The bill establishes the commissioner as an independent statutory office holder. Through the commissioner, the bill provides an independent mechanism for survivors, for business and for civil society to engage on issues and strategies to address modern slavery in our nation. Their independence will facilitate the commissioner's engagement with stakeholders and inform advocacy for improved policy and practice to address modern slavery. The commissioner will be financially accountable to the parliament and will develop a strategic plan describing their priorities, to be published on their website. The commissioner will report on the outcomes of their activities in their annual reports that will be tabled in parliament. The bill also requires the commissioner to uphold Australia's public governance and privacy laws when performing their functions to protect individuals and Australia's interests, which of course is important.

The government will respond to the review of the Modern Slavery Act in 2024, this year, after careful analysis of the recommendations. Further functions may be considered for the commissioner as necessary following the government response to the review. In closing I wish every success to the future commissioner, whoever that may be, and I call on all parliamentarians to join hands in cleansing the earth of slavery and drying the tears of the victims once and for all.

Peter Khalil (Wills, Australian Labor Party) Share this | Link to 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.