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

by leave—I move amendments (1) to (9) as circulated in my name:

(1) Schedule 1, item 4, page 4 (before line 15), before the paragraph beginning "This Part also deals with" in section 20A, insert:

This Part requires reporting entities to assist the Commissioner to perform the Commissioner's functions.

(2) Schedule 1, item 4, page 4 (line 26) to page 5 (line 2), omit paragraph 20C(1)(b), substitute:

(b) to support Australian entities, and entities carrying on business in Australia, to:

(i) undertake due diligence processes to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control; and

(ii) develop innovative practices towards ending modern slavery;

(3) Schedule 1, item 4, page 5 (lines 5 to 7), omit paragraph 20C(1)(d), substitute:

(d) to support victims of modern slavery by:

(i) helping to identify victims; and

(ii) providing information to victims about government and non-government resources, programs and services; and

(iii) helping victims make complaints; and

(iv) providing background support to enable coordinated referrals of victim complaints to relevant organisations;

(4) Schedule 1, item 4, page 5 (line 15), after "to", insert "conduct general inquiries relating to modern slavery and to".

(5) Schedule 1, item 4, page 5 (line 25), omit "at the request of the Minister,".

(6) Schedule 1, item 4, page 5 (lines 31 to 33), omit subsection 20C(2), substitute:

(2) To avoid doubt, the Commissioner may not:

(a) interfere with criminal investigations; or

(b) investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.

(7) Schedule 1, item 4, page 10 (after line 14), after Division 4, insert:

Division 4A — Reporting entities must assist the Commissioner

20VA Reporting entities must assist the Commissioner

A reporting entity must cooperate with and assist the Commissioner in the performance of the Commissioner's functions.

20VB Explanations for failure to assist the Commissioner

Request for explanation or remedial action

(1) If the Minister is reasonably satisfied that an entity has failed to comply with section 20VA, the Minister may give a written request to the entity to do either or both of the following:

(a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;

(b) undertake specified remedial action in accordance with the request within a specified period of 28 days or longer after the request is given.

(2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).

(3) A request under subsection (1) must include a statement of the effect of subsections (2), (4) and (5).

Publication of information about failure to comply with request

(4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information in any way the Minister considers appropriate:

(a) the identity of the entity;

(b) the date the request was given, and details of any extension given under subsection (2);

(c) details of the explanation or remedial action requested, and the period or periods specified in the request;

(d) the reasons why the Minister is satisfied that the entity has failed to comply with the request.

Review of decisions

(5) Applications may be made to the Administrative Appeals Tribunal for review of the Minister's decision under subsection (4) to publish information about an entity's failure to comply with a request under subsection (1).

(8) Schedule 1, item 4, page 11 (line 23), at the end of paragraph 20X(6)(b), add:

; and (c) other government agencies, civil society groups (including victim survivors) and businesses.

(9) Schedule 1, item 4, page 12 (after line 35), at the end of Division 5, add:

20Z Review of the Commissioner's budget

(1) The Minister must cause an independent review to be conducted of the Commissioner's budget.

(2) The review must start as soon as practicable after the end of the 3-year period after the commencement of this section.

(3) The persons who conduct the review must give the Minister a written report of the review within 3 months of the commencement of the review.

(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 is a vital step in combating modern slavery. It establishes a new commissioner to support victim-survivors of modern slavery practices and to fight slavery in Australia and overseas. However, I share the views of the Australian Council of Trade Unions. Often I don't share the views of the ACTU, but this time I do! Human rights experts and civil society groups said the bill must be improved upon and the commissioner's role and independence bolstered considerably. Such an important role must be empowered and resourced to work most effectively from its inception. That is why I am moving these amendments: to require Australian entities and entities carrying on business in Australia to assist the commissioner in addressing modern slavery; to require entities to undertake due diligence to address risks of modern slavery practices in their operations and supply chain, rather than just reporting risks; to increase the commissioner's focus on helping to identify and provide support for victims-survivors, including helping them with complaints and referrals; to enable the commissioner to provide advice to the minister on modern slavery matters on their own instigation rather than only at the minister's request—and I think this is particularly critical; to clarify that the commissioner can conduct general inquiries but cannot interfere with enforcement agencies' investigations; to require the commissioner to consult more broadly with victims-survivors, civil society, business, government agencies and strategic planning; and, finally, to set a three-year time frame for a statutory review of the commissioner's budget to make sure they are appropriately resourced.

While slavery still flourishes in the shadows both in private industry and under some government and military regimes, we need to equip the new Australian Anti-Slavery Commissioner to take the fight to modern slavery. This applies whether that slavery takes place on our shores or in the supply chains of goods that end up here.

I would like to thank Be Slavery Free for their work with civil society and other groups to achieve a better bill. In the words of Be Slavery Free, 'Modern slavery is a horrendous and growing crime in Australia and globally.'

An independent well resourced antislavery commissioner is essential to strengthen Australia's response and supporting government departments, businesses and civil society groups including victims-survivors. Once appointed this person will become a magnet for advice, support, education and awareness raising related to modern slavery. The position must have the scope, independence and resources to do so.

I acknowledge former senator Rex Patrick who, in the previous parliament, brought legislation to the parliament to ban the importation of products into Australia which used the forced labour of the Uyghur people, which formed the genesis of my own 2021 private member's bill. I call on the government and on every member of parliament to consider these important amendments to make the Anti-Slavery Commissioner as effective as they possibly can be from the inception. I commend these amendments to the House.

Question negatived.

Bill agreed to.

Ordered that this bill be reported to the House without amendment.