Modern Slavery Act 2018 (Australia)
Enforcement and 2024 Anti-Slavery Commissioner - Australia MSA 2018

Modern Slavery Act 2018 (Australia) AU-MSA-Enforcement-Section-22-Minister-Powers-No-Civil-Penalty-2023-McMillan-Review-Reform-2024-Anti-Slavery-Commissioner: Australia MSA Enforcement + Section 22 + Minister Powers + 2023 McMillan Review + 2024 Anti-Slavery Commissioner

Manage compliance and enforcement under Modern Slavery Act 2018 + responses to 2023 statutory review. Section 22 Minister powers - request explanation of non-compliance + publish information identifying non-compliant entities + Minister direction to comply. CRITICAL GAP - NO civil or criminal penalties under current Act (significant criticism + civil society advocacy for reform). Reputational risk only as primary enforcement mechanism. Naming and shaming via published non-compliance + media + civil society + ESG investor pressure (Modern Slavery Investor Coalition + KnowTheChain Investors + Workforce Disclosure Initiative). McMillan Statutory Review March 2023 + Report August 2023 + 30 recommendations including: introduce civil penalties for non-compliance (up to AUD 600,000 for entities) + lower revenue threshold to AUD 50 million + establish independent Anti-Slavery Commissioner (DONE 2024) + add mandatory due diligence requirement + include explicit duty to address worst-forms of child labour + strengthen consultation requirement + add operational guidance for high-risk sectors + improve Register search functionality + introduce mandatory key performance indicators + improve Indigenous Australian engagement. Anti-Slavery Commissioner Act 2024 (Cth) - statutory office established 2024 + inaugural Anti-Slavery Commissioner Chris Evans (former Senator + Labor Senate Leader) commenced December 2024 + Office of Anti-Slavery Commissioner + responsibilities: advice to government + supporting reporting entities + raising awareness + engaging civil society + Indigenous Australian perspectives + reporting to Parliament + influencing Modern Slavery Act reform implementation. Anti-Slavery Commissioner does not have direct enforcement powers but coordinates with: Australian Federal Police Modern Slavery and Vulnerable Persons Team (with criminal investigation powers under Criminal Code) + Australian Border Force + Fair Work Ombudsman (wage theft investigations) + AHRC Australian Human Rights Commission. State coordination NSW Anti-Slavery Commissioner under NSW Modern Slavery Act 2018 + first appointee Dr James Cockayne + state-specific powers. International coordination via Bali Process + ILO 5-Year Strategy on Forced Labour + UN GIFT (Global Initiative to Fight Human Trafficking) + Walk Free Foundation + Anti-Slavery Australia (UTS) + Australian Catholic Anti-Slavery Network. Public consultation on government response to McMillan Review August 2024.

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