23 January 2023

Key points

• The purpose of the Modern Slavery Amendment (Anti-Slavery Commissioner) Bill 2023(the Bill) is to amend the Modern Slavery Act 2018 to establish the Australian Anti-Slavery Commissioner as an independent statutory office holder within the Attorney-General’s portfolio.
• It was announced in the 2023–24 Budget that the Government would provide $8 million over 4 years from 2023–24 (and $2 million a year ongoing) to establish an Anti-Slavery Commissioner to work across Government, industry and civil society, to support compliance with the Modern Slavery Act, to improve transparency in supply chains and help fight modern slavery in Australia and abroad.
• The 2017 Joint Standing Committee on Foreign Affairs, Defence and Trade report Hidden in Plain Sight and the Parliamentary Joint Committee on Law Enforcement report An Inquiry into Human Trafficking, Slavery and Slavery-like Practices both recommended the establishment of an Australian Anti-Slavery Commissioner. The Modern Slavery Act 2018entered into force on 1 January 2019 following the conclusion of these inquiries, however, the Act did not include the establishment of an Australian Anti-Slavery Commissioner.
• The Report of the Statutory Review of the Modern Slavery Act 2018 (Cth) was published on 1 January 2023 and discussed the role of an Australian Anti-Slavery Commissioner. It examined how the role could involve a monitoring and oversight function as well as providing national leadership in raising awareness of modern slavery risks.
• Stakeholder submissions received by the committees and to the statutory review largely supported the establishment of an Australian Anti-Slavery Commissioner, however, submissions varied in their consideration of what powers and functions the Commissioner should hold and the appropriate level of independence of the Commissioner from government.