House debates

Tuesday, 28 May 2024

Bills

Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023; Consideration of Senate Message

4:33 pm

Photo of Mark DreyfusMark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I move:

That the amendments be agreed to.

I thank all honourable members who have contributed to this debate on the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. I'd also like to thank the Senate Legal and Constitutional Affairs Legislation Committee for its consideration of the bill. The government has moved amendments to the bill to fully implement the Senate committee's recommendations.

This bill follows the advocacy and engagement of victims and survivors of modern slavery, civil society and business stakeholders who have campaigned over many years for the establishment of a Commonwealth antislavery commissioner. I want to acknowledge all individuals and organisations who have engaged so constructively with us. This bill delivers on the Albanese government's election commitment to establish a Commonwealth antislavery commissioner.

Modern slavery is an egregious form of human rights abuse. It deprives victims of their dignity, fundamental rights and freedoms. We know that modern slavery occurs in Australia. We've heard cases of domestic servitude, individuals trafficked into sex work and a young girl at risk of being sent overseas for a forced marriage. In January this year, a Melbourne man was sentenced to three years and six months imprisonment for forced labour offences after he forced a person to work in his confectionery shop. There is no place for modern slavery in any form in the Australian community.

To strengthen Australia's response to modern slavery, this bill amends the Modern Slavery Act to establish Australia's first Commonwealth Anti-Slavery Commissioner. The bill confers important functions on the commissioner. The commissioner will support, engage and empower victims and survivors of modern slavery. The commissioner will provide targeted support to business in Australia to help them address risks of modern slavery practices in their operations and supply chains. To ensure government can continue to lead by example, the commissioner will advocate for continuous improvement in policy and practice. The commissioner will be independent and will have discretion in performing their functions.

The government thanks the Senate Legal and Constitutional Affairs Legislation Committee for its inquiry into the bill and for its recommendations which have been adopted through government amendments to the bill. These include clarifying the application of the definition of sensitive information in the bill, specifying that a principal objective of the commissioner's strategic plan must include development of guidance to support victims and survivors of modern slavery, requiring the commissioner to engage with victims of modern slavery in carrying out their functions, and clarifying in legislation that the commissioner is able to refer matters for investigation to relevant Commonwealth government agencies, including to law enforcement agencies, so potential modern slavery matters can be dealt with appropriately. I acknowledge there have been calls for the commissioner to do more, including to undertake investigations to compel business to cooperate and to issue penalties for noncompliance.

The government is currently considering options to further strengthen the Modern Slavery Act that may inform considerations of the commissioner's future role. However, this bill focuses on critical core functions of the commissioner that will set a foundation for further action in Australia. It's imperative that we do not delay the establishment of a commissioner. The commissioner will be a powerful and effective force for change in Australia.

Question agreed to.

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