Submission on the draft Modern Slavery Regulation 2019 (NSW) and Section 24 of the Modern Slavery Act 2018 (NSW)
ALHR has made a submission on the draft Modern Slavery Regulation 2019 (NSW) (Draft Regulation) and the supply chain reporting requirements in the Modern Slavery Act 2018 (NSW) (Act). In our submission we make the following recommendations:
Recommendations
- ALHR recommends that the Draft Regulation contains a clause which provides for a public repository which includes a public list of entities required to report under the Act combined with the statement register, to strengthen the supply chain reporting requirements under the Act.
- ALHR recommends that the public register pursuant to s 26(1) of the Act is not made public during the first three years. This may avoid possible negative consequences associated with any ‘naming and shaming’ of businesses that disclose risks of modern slavery in their supply chains. Further, it may avoid the subsequent effect of discouraging businesses from being transparent in identifying modern slavery risks in their statements.
- ALHR recommends that clause 8(6) of the Draft Regulation be amended to provide that the statement register is kept separately to the public register. ALHR supports clause 8(5) that the statement register is made publicly with no cost.
- Should the combined public register be implemented as proposed in the Draft Regulation, ALHR recommends that practical guidance materials are provided to businesses on how the public register will positively highlight and showcase best practice in identifying, disclosing and responding to risks of modern slavery in supply chain.