Researchers at The University of Western Australia and human rights advocates are calling for a Government overhaul of Australia’s Modern Slavery Act to include compulsory due diligence for businesses and penalties for companies that fail to comply.
“Australia now lags behind other countries with stronger business and human rights laws – particularly those in Europe.”
Associate Professor Fiona McGaughey, UWA Law School
A coalition of human rights organisations and academics today released Australia’s Modern Slavery Act: Fit For Purpose, which revealed strong support from the business community for tougher legislation.
UWA Law School Associate Professor Fiona McGaughey said the report was the first in-depth survey and focus group study on modern slavery responses in Australia.
“Australia now lags behind other countries with stronger business and human rights laws – particularly those in Europe,” Professor McGaughey said.
“Our research shows business and civil society support for the introduction of human rights due diligence obligations if we want to get serious about tackling modern slavery.”
As well as non-compliance penalties and due diligence to address slavery in operations and supply chains, the coalition has proposed the appointment of an Independent Anti-Slavery Commissioner to oversee and enforce the Act.
The detailed survey of nearly 90 business groups found that 70 per cent supported having an Anti-Slavery Commissioner in place, and more than 60 per cent would likely improve modern slavery responses if required to undertake compulsory human rights due diligence.
Of the groups surveyed 67 per cent said they would find it easier to comply with the Act if it were brought into line with international guidelines. More than half said they would be more likely to improve responses if financial penalties were in place.
Lead author, Royal Melbourne Institute of Technology Associate Professor Shelley Marshall, said the Government should use the three-year statutory review of the Act, currently under way, to make the key reforms.
“Both the survey and focus groups show a surprisingly strong appetite from business for reform of the Australian Modern Slavery Act and a desire for more government support and action,” Professor Marshall said.
“Although the Act is driving awareness of the importance for business to address modern slavery in operations and supply chains, it is not yet improving the conditions of workers or remediating instances of modern slavery.”
