Last year, NSW became the first Australian jurisdiction to legislate against modern slavery and only the second in the world to appoint an Anti-Slavery Commissioner.  The Modern Slavery Act 2018 seeks to tackle modern slavery occurring in NSW and in the supply chains of NSW organisations – whether that conduct occurs within the state, the country or internationally.  

It’s estimated that around 48.5 million people around the world are held in slavery or slavery-like conditions, which could include forced labour and wage exploitation, debt bondage, involuntary servitude, forced marriage and human trafficking.  

Human trafficking in Australia is not limited to sex exploitation. In recent times, trafficked persons have been identified in domestic work, hospitality, agriculture and construction – in numbers that outnumber those trafficked for sex work. There has also been a number of cases in NSW and Australia, particularly in the horticultural sector, which demonstrate that labour exploitation in Australian businesses and associated supply chain operations is widespread.

The Act was due to come into effect on 1 July 2019. However, in response to concerns about potential defects in the legislation, the NSW Government recently referred the Modern Slavery Act 2018 (NSW), the draft Modern Slavery Amendment Bill (NSW) and the draft Modern Slavery Regulation 2019 (NSW) to the NSW Legislative Council Standing Committee on Social Issues.

Last week, I was invited by the interim Anti-Slavery Commissioner, Professor Jennifer Burn, to attend one of two information briefings explaining the amendments and regulation. It was a valuable session which will assist the NSW Law Society’s Human Rights Committee, Corporate Lawyers Committee and Government Lawyers Committee prepare the submission to the inquiry on behalf of the profession. Likewise, my thanks to Commissioner Burn, who addressed our Regional Presidents' Briefing on Friday.

Given that part of the new legislation requires certain organisations to report annually on their actions to identify and address the risks of modern slavery in their operations and supply chains, I would also urge all interested stakeholders to make a submission on the draft Modern Slavery Regulation 2019 (NSW) before the 4 October deadline.

Finally, I was sad to hear of the passing of  The Honourable Jane Matthews AO on the weekend. The first female judge of the NSW Supreme Court, Jane was a trailblazer who opened the way for women to more easily take their place in the legal profession, including the bench. Vale Jane.

Elizabeth Espinosa, Law Society President

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