Australian Government’s Response to Modern Slavery: Progress or Delay?

Written by: Sally Irwin

The Australian Government’s response to the independent review of the Modern Slavery Act 2018 (Cth) is a step forward—but not a leap.

Accepting or agreeing in principle to 25 out of 30 recommendations from Professor John McMillan’s review, the Albanese Government has shown commitment. Still, the pace and scope of its response raise concern for us at The Freedom Hub concerning the urgency of action for those vulnerable to modern slavery.

The Pros: Promising Progress

There are commendable elements in the government’s response:

1. Expanded Reporting Criteria: Proposed changes will require businesses to further report in detail on modern slavery incidents, the grievance mechanisms available, and the consultation processes undertaken to manage risks. These additions could encourage deeper accountability in corporate practices.
2. Support for SMEs: Tailored guidance for small and medium-sized enterprises that voluntarily report is a welcome move, as it addresses the practical challenges faced by smaller businesses without current mandatory obligations.
3. Complaints Mechanisms: The commitment to establishing a process for public complaints on non-compliant reporting entities is a positive step toward greater transparency and enforcement.
4. Introduction of Penalties: The Government’s agreement in principle to explore civil penalties for non-compliance, including submitting false reports, is an essential development in strengthening the Act’s enforcement framework. (But how long will it take to decide?)
5. Anti-Slavery Commissioner: The appointment of Chris Evans as the Federal Anti-Slavery Commissioner, with responsibilities for raising awareness and supporting victims, is a pivotal development in coordinating Australia’s response to modern slavery.
6. High-Risk Declarations: Proposals to empower the Commissioner to identify high-risk regions, industries, or supply chains that are promising and align with international best practices.

The Cons: Missed Opportunities and Delayed Action

Despite these advances, significant gaps remain:

1. Slow Implementation: Over 18 months since receiving the review, the government’s delay in responding has left victims of modern slavery without stronger protections. Every day of consultation prolongs suffering, a reality underscored by the estimated 22 people entering modern slavery in Australia daily.
2. No Mandatory Due Diligence: The refusal to impose enforceable due diligence obligations on companies is a glaring omission. Reporting alone is insufficient to combat systemic exploitation; businesses must be required to act on identified risks.
3. Inadequate Threshold Changes: The decision to maintain the $100 million revenue threshold excludes many smaller but influential entities from mandatory reporting, perpetuating blind spots in supply chain accountability and setting Australia behind world standards.
4. Penalties on Hold: While the promise of penalties is encouraging, the lack of immediate enforcement weakens the Act’s impact and risks perpetuating a “tick-box” compliance culture.
5. Temporary Migrant Worker Protections: As highlighted by the UN Special Rapporteur, significant power imbalances in Australia’s visa and labour systems make migrant workers highly vulnerable to exploitation. The government has yet to address these structural issues meaningfully.

The Freedom Hub’s Position: A Call for Urgency

While we welcome the government’s steps to strengthen the Modern Slavery Act, the response lacks the urgency required to make a real impact.

Modern slavery is a direct violation of a number of Articles in the Universal Declaration of Human Rights, and each day of delay allows exploitation to persist unchecked.

“Every day in slavery feels like a year for someone being abused, used and exploited. How can we wait for Governments to resolve an issue when it takes so many years to take action? So we must all take whatever action we can today and every day.” Sally Irwin.

At The Freedom Hub, we will continue providing immediate support to survivors in our Survivor Schools, and we will keep advocating for organisations to respond to the risk. While we wait and wait and wait.

The introduction of penalties and enforceable due diligence obligations must be fast-tracked. Consultations and future reviews are no substitute for bold, decisive action.

Australia has an opportunity to lead on human rights, but it requires more than incremental change. It demands urgency, accountability, and a commitment to ensuring no business profits from exploitation. While progress is being made, the pace must accelerate to match the scale of the challenge.

Come & Be a Part of this

• Partner with The Freedom Hub to respond as a Business HERE.
• Support The Freedom Hub as an individual HERE.
• Stay up to date:
  • Read the Government’s response HERE.
  • Read the original 30 Recommendations to improve the Act HERE
  • Read the UN Special Repertoire recommendations HERE
•  Follow us for updates on Linkedin HERE

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