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impact of amendments to nsw modern slavery act
04 November 2021
3 mins reading time
The New South Wales Modern Slavery Act (NSW Act), aims to eliminate modern slavery and provide support for victims. But, what effect will recently proposed changes have on businesses when it comes into effect 1 January 2022?
On 14 October 2021, the New South Wales Government presented the Modern Slavery Amendment Bill 2021 (Bill) before parliament, which seeks to amend the NSW Act, previously passed on 21 June 2018. The NSW Act is yet to commence as there were inconsistencies between the Act and the federal act (the Modern Slavery Act 2018 (Cth) (Federal Act)), which commenced in January 2019.
what are the changes?
modern slavery statements are no longer required
The Bill repeals the provision which previously required commercial organisations to prepare modern slavery statements stipulating the steps they have taken to ensure goods and services are not products of supply chains where modern slavery is taking place. This applies to all organisations, regardless of turnover.
However, businesses with a revenue of at least $100,000,000 still have reporting obligations under the Federal Act. In these circumstances, NSW businesses will only need to prepare a modern slavery statement to comply with the Federal Act if they meet the turnover threshold.
anti-slavery commissioner
The Bill includes amendments to the new position of the Anti-Slavery Commissioner (Commissioner) created by the NSW Act.
The Bill establishes co-operation between the Commissioner and Commissioner of Police, insofar that the Commissioner is permitted to provide information that may assist in the prosecution or conviction of an offender under the NSW Act.
The Bill also makes amendments to clarify the sharing of information with the Commissioner, where no criminal or civil liability apart from under the Act, attaches to an individual for providing information. This includes circumstances where liability would arise under a contract or otherwise.
other amendments
The Bill also proposes to amend the NSW Act to:
- recognise payments to victims of modern slavery;
- clarifies that State-owned corporations and other corporations that have one or more Ministers as shareholders are not to be treated as government agencies under the NSW Act; and
- repeal provisions that enable courts to make certain post-conviction orders regarding modern slavery offences.
what do these changes mean for you?
The impact of the Bill on the NSW Act (once it commences), will more closely mirror the Federal Act. This may:
- alter your reporting obligations as a business;
- require that company whistle-blower policies be amended due to the introduction of the no liability scheme for sharing information with the Commissioner.
The Employment, Safety and Migration team at Macpherson Kelley continue to keep up to date with all legislative proposals and changes concerning the NSW Act and associated obligations for businesses in NSW.
If you have any questions about your obligations under the NSW Act, the team at Macpherson Kelley is well placed to assist you in ensuring your business is compliant.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
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impact of amendments to nsw modern slavery act
04 November 2021
The New South Wales Modern Slavery Act (NSW Act), aims to eliminate modern slavery and provide support for victims. But, what effect will recently proposed changes have on businesses when it comes into effect 1 January 2022?
On 14 October 2021, the New South Wales Government presented the Modern Slavery Amendment Bill 2021 (Bill) before parliament, which seeks to amend the NSW Act, previously passed on 21 June 2018. The NSW Act is yet to commence as there were inconsistencies between the Act and the federal act (the Modern Slavery Act 2018 (Cth) (Federal Act)), which commenced in January 2019.
what are the changes?
modern slavery statements are no longer required
The Bill repeals the provision which previously required commercial organisations to prepare modern slavery statements stipulating the steps they have taken to ensure goods and services are not products of supply chains where modern slavery is taking place. This applies to all organisations, regardless of turnover.
However, businesses with a revenue of at least $100,000,000 still have reporting obligations under the Federal Act. In these circumstances, NSW businesses will only need to prepare a modern slavery statement to comply with the Federal Act if they meet the turnover threshold.
anti-slavery commissioner
The Bill includes amendments to the new position of the Anti-Slavery Commissioner (Commissioner) created by the NSW Act.
The Bill establishes co-operation between the Commissioner and Commissioner of Police, insofar that the Commissioner is permitted to provide information that may assist in the prosecution or conviction of an offender under the NSW Act.
The Bill also makes amendments to clarify the sharing of information with the Commissioner, where no criminal or civil liability apart from under the Act, attaches to an individual for providing information. This includes circumstances where liability would arise under a contract or otherwise.
other amendments
The Bill also proposes to amend the NSW Act to:
- recognise payments to victims of modern slavery;
- clarifies that State-owned corporations and other corporations that have one or more Ministers as shareholders are not to be treated as government agencies under the NSW Act; and
- repeal provisions that enable courts to make certain post-conviction orders regarding modern slavery offences.
what do these changes mean for you?
The impact of the Bill on the NSW Act (once it commences), will more closely mirror the Federal Act. This may:
- alter your reporting obligations as a business;
- require that company whistle-blower policies be amended due to the introduction of the no liability scheme for sharing information with the Commissioner.
The Employment, Safety and Migration team at Macpherson Kelley continue to keep up to date with all legislative proposals and changes concerning the NSW Act and associated obligations for businesses in NSW.
If you have any questions about your obligations under the NSW Act, the team at Macpherson Kelley is well placed to assist you in ensuring your business is compliant.