Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

I thank all honourable senators who've contributed to this debate on the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. I would 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 committee's recommendations, and has moved amendments to the explanatory memorandum to address some of the additional comments arising from the committee's inquiry.

The bill would not be possible without the work and engagement of victims and survivors of modern slavery, and civil society and business stakeholders who have campaigned over many years for the establishment of the first Commonwealth Anti-Slavery Commissioner, and I want to acknowledge all of these individuals and organisations. The bill delivers on the Albanese government's election commitment to establish a Commonwealth anti-slavery commissioner. Modern slavery is among the most egregious forms of human rights abuses and deprives victims of their dignity, fundamental rights and freedoms. We know that modern slavery occurs in the Australian community. We have 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 confectionary 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 recent review of the Modern Slavery Act verified the long-identified need for an independent specialist commissioner to enhance our response. This bill establishes the commissioner. The bill confers important functions of the commissioner. The commissioner will support, engage and empower victims and survivors of modern slavery. The commissioner will provide targeted support to businesses in Australia to help them address risks of modern slavery practices in their operations and supply chains. To ensure we, as the 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 or exercising their functions. The government thanks the Senate committee for the inquiry into this bill and for their recommendations.

The government accepts the committee's recommendations 1 to 4 and welcomes the committee's fifth recommendation: that the bill be passed, subject to the implementation of the recommendations. The recommendations will be actioned through government amendments to this bill. These include: implementing recommendation 1 by clarifying the application of the definition of 'sensitive information' in the bill; implementing recommendation 2 by specifying that a principal objective of the commissioner's strategic plan must include development of guidance to support victims and survivors of modern slavery; implementing recommendation 3 by requiring the commissioner to engage with victims of modern slavery in carrying out their functions; and implementing recommendation 4 by 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.

The government will also support the amendments proposed by Senator Cash. I would like to thank the opposition for working collaboratively with us on this bill. 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 consideration 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.

The establishment of the Anti-Slavery Commissioner is an important reform. The commissioner will be a powerful and effective force for change in Australia. I table an addendum to the explanatory memorandum relating to the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023. The addendum responds to matters raised by the Legal and Constitutional Affairs Legislation Committee. I also table a supplementary explanatory memorandum relating to the government amendments to be moved on this bill.