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Wednesday, May 8, 2024

Jo Clay calls for anti-slavery commissioner in ACT

Greens MLA Jo Clay will table a bill today to address what she called the real but often hidden problem of modern slavery in the ACT. 

The bill proposes to establish an Anti-Slavery Commissioner within the ACT Human Rights Commission and to further focus on eliminating modern slavery in ACT Government supply chains. 

“Slavery is not just a historical problem,” Ms Clay said. “Recent estimates are that more people live in slavery today than in any other time in human history – around 50 million globally. 

“Modern slavery looks different to that of the past, but it is still incredibly real and often takes on the form of forced marriage, sexual exploitation, forced labour, or human trafficking. It exists across industries as well. Hospitality, agriculture, cleaning, construction, and the textile, clothing, and footwear industries are just a few areas where this is particularly prevalent. 

“Many in the community have been calling for stronger action to address this issue, including churches and religious groups, academics, charities, advocacy organisations, and more.” 

The ACT Government will have additional requirements placed upon it to ensure that it is playing its part in responding to modern day slavery.

ACT Government Directorates and territory entities will be required to submit voluntary modern slavery statements to the Commonwealth, as is the obligation for private companies with turnover of more than $100 million, the Commonwealth Government, and NSW state-owned corporations.

The ACT Government will have additional obligations within the Procurement Act to have regard to modern day slavery for ACT Government procurements and to ensure tenderers are taking steps to identify and mitigate risks of modern-day slavery when providing goods, services, or works to the ACT Government or territory entities.

The ACT Human Rights Commission will be expanded to include an Anti-Slavery Commissioner, whose functions will include advocacy in combatting modern slavery; acknowledging, protecting, and promoting the rights of victim survivors of modern slavery; and monitoring and reporting on the risks of modern slavery happening in the ACT and the supply chains of the ACT Government.

Businesses that tender to the ACT Government or territory entities will have two requirements placed upon them, depending on the size of the business. Businesses that have failed to comply with the Commonwealth Modern Slavery Act 2018 will be unable to tender to the ACT Government. There are thresholds and exceptions to this.

All businesses, regardless of size, that would like to tender to the ACT Government for a tender greater than $25,000 will be required to provide information about the risk of modern slavery happening in the supply chains for the goods, services, or works being procured, and how the tenderer will mitigate or address those risks.

Ms Clay’s bill is informed by the NSW modern slavery legislation – the first in Australia.

“New South Wales and the Commonwealth have laws that respond to modern slavery, but the ACT has not kept up in our legislative response to this issue,” Ms Clay said. “My bill learns from these other jurisdictions, and sets the ACT up to be a leader among Australian states and territories in the response to modern slavery. 

“Canberrans care about the wellbeing of those in our community, where products come from, where they end up, and the welfare of those who are involved in these supply chains. 

“This Bill is an important first step in legislating to effectively respond to modern slavery in the ACT, and I look forward to the important community conversation this legislation will initiate.”  

This bill progresses an item in the Parliamentary and Governing Agreement of the 10th Assembly.  

Be Slavery Free, an Australian coalition of civil society campaigning against modern slavery, human trafficking, forced and child labour, supported Ms Clay’s motion.

“There are two things that are not political,” co-director Carolyn Kitto said. “The first is chocolate. Today, we have launched the fourth edition of our Chocolate Scorecard assessing companies who together produce and sell 95 per cent of the world’s chocolate. We eat chocolate for pleasure and indulgence – but there are other ingredients like child labour, extreme poverty, and environmental destruction. We ask consumers to preference chocolate without these ingredients with the help of the Chocolate Scorecard.

“The second is ending modern slavery – the world’s fastest growing illegal crime, now impacting 50 million people including in Australia and in the goods we buy. We congratulate Jo Clay MLA for tabling the ACT Modern Slavery Bill today, and look forward to ongoing engagement with all political parties, business, civil society, and academics to end modern slavery in the Territory.”  

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