Jenny McAllister (NSW, Australian Labor Party, Assistant Minister for Climate Change and Energy) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Introduction

Modern slavery is among the most egregious forms of human rights abuses and deprives their victims of their dignity, fundamental rights, and freedoms.

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill is a landmark reform in Australia's comprehensive response to modern slavery.

The Bill establishes the first federal Anti-Slavery Commissioner to deliver critical functions to tackle the scourge of modern slavery in Australia and abroad.

Purpose

Modern slavery encompasses a range of serious exploitative practices, including trafficking in persons, slavery and slavery-like practices such as deceptive recruiting, debt bondage, forced labour and forced marriage.

The Albanese Government is strengthening Australia's response to modern slavery, ensuring we work to prevent, disrupt, and prosecute these heinous crimes, and protect victims and survivors, and individuals at risk.

There are several pillars to Australia's response to combat modern slavery underpinned by Australia's National Action Plan to Combat Modern Slavery 2020-25.

We have comprehensive criminal offences, specialist Australian Federal Police investigative teams, and a dedicated support program for victims and survivors. We have a dedicated human trafficking visa framework and a human trafficking and modern slavery research program and research network. The Modern Slavery Act established a transparency regime to shine a light on modern slavery risks in the supply chains and operations of certain entities carrying out business in Australia.

We also have strong international and regional engagement on modern slavery.

However, the Albanese Government recognises more can be done. We know that measuring the true extent of modern slavery crimes is significantly challenging and changing. Crimes are often clandestine, sophisticated, targeted at vulnerable cohorts, and underreported.

The time is now for us to bolster Australia's strong response to modern slavery through a new independent Ant-Slavery Commissioner. The Commissioner will complement Australia's comprehensive response to modern slavery by working with others to raise the national profile of the issue of modern slavery.

This Bill amends the Modern Slavery Act 2018 to establish the inaugural Australian Anti-Slavery Commissioner as an independent statutory office holder.

The Commissioner adds a further pillar to Australia's response by working across Government, business and civil society to support compliance with the Modern Slavery Act, improve transparency in supply chains, and fight modern slavery in Australia and abroad. Importantly, the establishment of the Commissioner provides an independent mechanism for victims and survivors, business and civil society to engage on issues and strategies to address modern slavery.

Functions of the Commissioner

The Bill confers a number of critical functions on the Commissioner.

The Commissioner will play a key role in educating and raising awareness of modern slavery in Australia across the wider community. This includes delivering education and community awareness raising initiatives to highlight modern slavery risks and how those risks may be addressed across all sectors.

The Commissioner will support and empower victims and survivors of modern slavery. The Commissioner will support victims of modern slavery through the provision of information in relation to government and non-government resources, programs and services. Importantly, the Commissioner will engage, and promote engagement with victims and survivors of modern slavery to ensure their voices inform measures that address modern slavery.

The Commissioner will work to support business to address risks of modern slavery practices in their operations and supply chains.

The Commissioner will have an important role in promoting and harnessing research and data capabilities, to support evidence-based responses to modern slavery.

It is important that the Government continues to lead by example in tackling modern slavery. The Commissioner will therefore advocate to the Commonwealth Government for continuous improvement in policy and practice. At the request of the Minister, the Commissioner will be empowered to provide advice to the Minister about matters relating to modern slavery. Commonwealth agencies will also work cooperatively with the Commissioner to assist with their important work.

While the Commissioner will not investigate or deal directly with individual matters of modern slavery, they may make observations regarding systemic issues based on their engagement with victims and survivors and the broader community.

Governance and Other Issues

The Bill provides the Commissioner will be appointed through a merit-based and transparent selection process, on a full-time basis for a term of up to five years.

To be effective in their role, it is key that the Commissioner be independent. Therefore, the Bill provides that the Commissioner will have discretion in performing or exercising these functions, and will not be subject to direction from anyone when doing so.

To support transparency, accountability and the effectiveness of the independent Commissioner's functions, the Commissioner will be required to develop a strategic plan as soon as practicable after their commencement that sets out what and how they intend to deliver and monitor the effectiveness of their functions. They will be required to develop an annual report, to be tabled in Parliament, outlining their key progress and milestones.

The Government has committed $8 million over four years, and $2 million ongoing, to support the Commissioner's establishment and operations.

Review of the Modern Slavery Act

This Bill delivers on a key election commitment made by this Government and is the first step in considering further reforms to combat modern slavery.

The Government is committed to strengthening the Modern Slavery Act and is carefully considering the recommendations of the review of the Modern Slavery Act finalised earlier this year. Once appointed, the Commissioner will play a key role in shaping implementation of future reforms.

Conclusion

The establishment of the Australian Anti-Slavery Commissioner is a pioneering reform and a new, independent pillar in Australia's comprehensive response to countering modern slavery.

The Government is resolute in its intent for the role of the Commissioner to make a tangible, positive impact.

I am proud to introduce this Bill, which marks a necessary and critical next step in our global fight against modern slavery.

This Bill follows the extraordinary efforts and tireless work of victims and survivors, civil society and industry stakeholders who campaigned for this important milestone.

I thank each and every one of those individuals who have partnered with Government over many years to strengthen Australia's response. It is your voices and experiences that inspire us every day to fight against modern slavery both here in Australia and abroad.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

In accordance with standing order 115(3), further consideration of this bill is now adjourned to 28 February 2024.