Modern Slavery Act 2018 (Cth)

Summary

Commonwealth legislation requiring entities with $100M+ consolidated annual revenue to publish annual statements about modern slavery risks in their operations and supply chains. In force from 1 January 2019.

Victorian Government entities are not directly required to report under the Act — state governments are explicitly excluded. However, the Act shapes Victorian procurement through the Supplier Code of Conduct and SPF obligations.

How It Applies to Victorian Procurement

Victoria does not have its own state Modern Slavery Act (unlike NSW which has one). Instead, modern slavery is addressed through:

1. SPF objective 5 — "Supporting safe and fair workplaces" encompasses modern slavery considerations
2. BfV Supplier Code of Conduct — suppliers must address modern slavery risks in their supply chains
3. Contractual mechanisms — agencies include modern slavery clauses in procurement contracts
4. Individual agency policies — Development Victoria, Treasury Corporation of Victoria, VicTrack etc publish their own Modern Slavery Statements on the Commonwealth register
5. HealthShare Victoria — from 1 July 2024, mandatory minimum standards for collective agreement procurement requiring suppliers to undertake annual modern slavery risk assessments

Reporting Requirements (for Covered Entities)

7 Mandatory Criteria for Statements

1. Entity identification (name, structure)
2. Structure, operations, and supply chain details
3. Modern slavery risks in operations and supply chains of controlled entities
4. Actions taken to assess and address identified risks
5. How the entity assesses effectiveness of actions
6. Consultation processes with owned/controlled entities
7. Any other relevant information

Statements must be submitted within 6 months of financial year-end, published on the Modern Slavery Register.

Upcoming Changes

The 2023 McMillan Review recommended significant changes, largely accepted by the Commonwealth Government (December 2024): - Lower threshold from $100M to $50M - Mandatory due diligence obligations (not just reporting) - Establish a Commonwealth Anti-Slavery Commissioner - Introduce civil penalties for non-compliance (currently none)

These changes are not yet law but may significantly expand the scope.