Attorney General’s Department: Strengthening the Modern Slavery Act
In August 2025 ALHR made a submission to the Attorney General’s Department consultation on the options to strengthen the transparency framework, simplify and improve reporting, and target non-compliance with the Modern Slavery Act 2018 (Cth). Our submission addresses the 37 questions of the consultation and presents below a summary of the key points and recommendations for the considered options. It is intended to be read alongside the main body of the submission, providing a concise record of ALHR’s position and rationale for the proposed reforms. The format follows the structure of the consultation questionnaire to ensure clarity, comparability and ease of reference.
Read the Submission in full here
Summary of Recommendations:
In relation to mandatory reporting criteria:
- ALHR supports the proposed expansion and clarification of the Modern Slavery Act 2018 (Act)’s mandatory reporting criteria, noting that more prescriptive requirements will improve the quality, comparability and enforceability of statements. These should be situated within a broader requirement for entities to undertake and disclose comprehensive human rights due diligence (HRDD), consistent with the UN Guiding Principles on Business and Human Rights (UNGPs).
- ALHR supports the use of delegated legislation to allow flexibility in responding to emerging practices and risks, provided that such delegated instruments are developed transparently and with robust consultation with stakeholders, in particular affected individuals and communities.
- ALHR emphasises that reporting on grievance mechanisms is essential, not only in terms of their existence but also their accessibility, coverage across operations and supply/value chains, awareness among workers and measurable outcomes.
- ALHR recommends that remediation should be a standalone reporting criterion. Entities should be required to detail the nature of remedies provided, the parties responsible for implementation, the timeframes involved, and any follow-up monitoring to ensure the sustainability of outcomes.
- ALHR continues to call for the establishment of a national compensation fund to provide an appropriate remedy to individuals subjected to exploitation through Australian companies’ operations and supply/value chains.
- ALHR recommends that legislative reform underpinning the Act should incorporate mandatory disclosure of AI and digital tools used in modern slavery risk detection and supply/value chain management, including technical limitations, data sources and mitigation strategies.
In relation to the compliance and enforcement framework:
- ALHR strongly supports the strengthening of the compliance and enforcement framework under the Act.
- ALHR supports the introduction of additional regulatory tools, such as infringement notices, enforceable undertakings, and civil penalties, which would bring the Act in line with comparable regimes internationally.
- ALHR stresses that the regulator must be resourced appropriately and empowered to use these tools effectively.
- Given resource constraints, we suggest a co-regulatory model as a potentially effective and cost-efficient solution.
In relation to joint reporting:
- ALHR supports reforming to the joint reporting model to strengthen clarity, comparability, and accountability.
- ALHR submits that exemptions, such as for small subsidiaries or nominees, may be justified but should be tightly defined, granted only through regulatory approval, and subject to ongoing oversight.
- ALHR recommends that any revised model must maintain subsidiary-level accountability and guard against the masking of non-compliance or poor practices within group reporting.
In relation to voluntary reporting:
- ALHR recognises the voluntary reporting framework as an important mechanism for fostering transparency among entities below the turnover threshold and in promoting best practice beyond the minimum legal requirements.
- ALHR recommends that voluntary reporters be held to the same quality standards as mandatory reporters to maintain the credibility and integrity of the register.
- ALHR strongly support the provision of tailored guidance for small and medium-sized enterprises (SMEs).
In relation to notification requirements to cease as a reporting entity, ALHR supports strengthening the notification process for ceasing to be a reporting entity to improve regulatory oversight and prevent entities from prematurely or inappropriately removing themselves from reporting obligations.