Modern Slavery Act 2018

This Act is the Modern Slavery Act 2018.

This Act commences on 1 January 2022.

The objects of this Act are as follows—

to combat modern slavery,

to provide assistance and support for victims of modern slavery,

to provide for an Anti-slavery Commissioner,

to provide for detection and exposure of modern slavery that may have occurred or be occurring or that is likely to occur,

to raise community awareness of, and provide for education and training about, modern slavery,

to encourage collaborative action to combat modern slavery,

to provide for the assessment of the effectiveness and appropriateness of laws prohibiting modern slavery and to improve the implementation and enforcement of such laws,

to provide for mandatory reporting of risks of modern slavery occurring in the supply chains of government agencies,

to make forced marriage of a child and certain slavery and slavery-like conduct offences in New South Wales,

to further penalise involvement in cybersex trafficking by making it an offence to administer a digital platform for the purpose of child abuse material or encourage another person to use a digital platform to deal with child abuse material,

to provide for education, training and guidance about identifying and addressing modern slavery taking place within supply chains of organisations.

It is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.

Without limiting subsection (1), it is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following—

things situated in or outside the territorial limits of this State,

acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this State,

things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.

In this Act—

Commissioner means the Anti-slavery Commissioner appointed under Part 2.

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

forced labour has the meaning it has in section 270.6 of the Commonwealth Criminal Code.

function includes a power, authority or duty, and exercise a function includes perform a duty.

government agency means any of the following—

a government sector agency (within the meaning of the Government Sector Employment Act 2013),

a NSW Government agency,

(Repealed)

a council, county council or joint organisation within the meaning of the Local Government Act 1993,

any other public or local authority that is constituted by or under an Act or that exercises public functions,

any public or local authority that is constituted by an Act of another jurisdiction that exercises public functions.

modern slavery includes the following—

any conduct constituting a modern slavery offence,

any conduct involving the use of any form of slavery, servitude or forced labour to exploit children or other persons taking place in the supply chains of organisations.

Modern Slavery Committee means the joint committee called the Modern Slavery Committee constituted under this Act.

modern slavery offence means the following—

an offence described in Schedule 2,

an offence of attempting, or of incitement, to commit an offence described in Schedule 2,

conduct engaged in elsewhere than in New South Wales that, if it occurred in New South Wales, would constitute a modern slavery offence under paragraph (a) or (b).

organisation includes a government agency and a commercial organisation.

Presiding Officer means the President of the Legislative Council or the Speaker of the Legislative Assembly. However—

if there is a vacancy in the office of President, the reference to the President is a reference to the Clerk of the Legislative Council, or

if there is a vacancy in the office of Speaker, the reference to the Speaker is a reference to the Clerk of the Legislative Assembly.

servitude has the meaning it has in section 270.4 of the Commonwealth Criminal Code.

slavery has the meaning it has in section 270.1 of the Commonwealth Criminal Code.

strategic plan—see section 11.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

A reference in this Act to a government agency of the State is a reference to a government agency other than a public or local authority constituted by an Act of another jurisdiction.

The Governor may appoint an Anti-slavery Commissioner.

The Commissioner holds office for the term, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment.

A person is not eligible to be appointed for more than 2 terms of office as Commissioner, whether or not consecutive terms.

The office of Commissioner is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Minister.

The employment of the Commissioner is, subject to this Act, to be governed by a contract of employment between the Commissioner and the Minister.

The following provisions of, or made under, the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to the Commissioner, but in the application of those provisions a reference to the employer of a Public Service senior executive is to be read as a reference to the Minister—

provisions relating to the band in which an executive is to be employed,

provisions relating to the contract of employment of an executive,

provisions relating to the remuneration, employment benefits and allowances of an executive.

The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office, except as provided by this section.

The office of Commissioner becomes vacant if the Commissioner—

dies, or

completes a term of office and is not re-appointed, or

resigns the office by instrument in writing addressed to the Minister, or

is removed from office by the Governor under section 6C, or

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Commissioner’s creditors or makes an assignment of the Commissioner’s remuneration for their benefit, or

becomes a mentally incapacitated person, or

is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable.

If the office of Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

The Governor may remove the Commissioner from office, but only for incompetence, incapacity or misbehaviour.

The Commissioner cannot be removed from office under the Government Sector Employment Act 2013, Part 6.

The Minister may appoint a person to act as the Commissioner during the illness or absence of the Commissioner or during a vacancy in the office of Commissioner.

A person, while acting as Commissioner, has and may exercise the functions of the Commissioner and is taken to be the Commissioner.

The Minister may, at any time, remove a person from office as acting Commissioner.

An acting Commissioner is entitled to be paid the remuneration, including travelling and subsistence allowances, that the Minister may from time to time determine.

A person must not be appointed to act as the Commissioner for a period that exceeds 6 months or that in total exceeds 6 months in any 12-month period.

The Commissioner is not subject to the control and direction of the Minister in respect of the exercise of the Commissioner’s functions under this Act.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commissioner to exercise the Commissioner’s functions.

The Commissioner may arrange for the use of the services of any staff or facilities of a government agency and may, with the approval of the Minister, engage such consultants or contractors as are necessary for the purposes of this Act.