What's Happening

The Australian Attorney-General's Department has opened a public consultation on proposed amendments to the Modern Slavery Act. This consultation is open until September 1 and seeks feedback on significant changes to strengthen the Act's reporting requirements and compliance framework.

Key Proposed Changes 

1. Enhanced Reporting Requirements

• Expanded identification requirements for owned/controlled entities

• New mandatory reporting on grievance mechanisms and remediation processes

• Specific reporting on governance processes, policies, staff training, and stakeholder engagement

• Potential requirement to report on key changes since your last statement

2. New Compliance and Enforcement Framework

The consultation proposes introducing penalties for the first time, including:

• Civil penalties for failing to submit statements or providing false information

• Enforcement tools such as infringement notices and enforceable undertakings

• Enhanced regulatory powers for monitoring compliance

3. Changes to Joint Reporting

• Shift to mandatory corporate group reporting where the parent entity reports for all subsidiaries

• Options for exemptions to allow nominee or subsidiary reporting in certain circumstances

What This Means for You

If your organization currently submits Modern Slavery Act statements, these changes could significantly impact your reporting processes and compliance obligations. We encourage you to review the proposed changes and consider participating in the consultation. Here's the full proposal of changes.

How to Participate

You can provide feedback through:

• Online survey: Available through the Attorney-General's Department website here

• Written submission: Can be uploaded through the consultation portal

• Consultation closes: September 1

Next Steps

Following the consultation, the government will consider feedback before implementing reforms through a combination of legislative changes and updated guidance.

We will keep you informed as these developments progress. If you have any questions about how these proposed changes might affect your organization or need assistance with your submission, please don't hesitate to contact us.