The reforms place Australia alongside other jurisdictions that have introduced mandatory human rights due diligence requirements, such as the European Union and the United Kingdom. The government has also committed to establishing a dedicated anti‑slavery commissioner to oversee enforcement and provide guidance to businesses. This commissioner will have the power to conduct investigations and recommend penalties for non-compliance. Business groups have expressed some concerns about the regulatory burden, but many have acknowledged that a consistent and enforceable framework ultimately benefits responsible companies by levelling the playing field.
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Human rights organisations have praised the inclusion of a criminal offence, arguing that the threat of jail time for directors is necessary to change corporate behaviour. However, they have also cautioned that enforcement will be key, and that the government must allocate adequate resources to the regulator to ensure that the laws are not just symbolic. The Australian Human Rights Commission has offered to assist in designing training programs for businesses to help them understand their obligations and implement best practice supply chain management. The commission has also called for the laws to be extended to cover government procurement, ensuring that public money is not used to fund goods produced with forced labour.
As the legislation progresses through parliament, businesses will be watching closely to understand their new obligations under the strengthened framework. Industry groups are preparing submissions and seeking clarity on the definition of “reasonable steps” to prevent modern slavery, which will be the key standard against which compliance is judged. The government has signalled that it is open to constructive feedback but is determined to enact the reforms before the end of the year. The new laws represent a significant step forward in Australia’s human rights commitments and are likely to set a benchmark for other countries in the Asia‑Pacific region to follow.
