Australia’s Modern Slavery Act: Towards Meaningful Compliance

Company and Securities Law Journal, 37(2), 104 (2019)

UNSW Law Research Paper No. 19-56

32 Pages Posted: 8 Aug 2019 Last revised: 28 May 2020

See all articles by Justine Nolan

Justine Nolan

University of New South Wales (UNSW) - Faculty of Law

Nana Frishling

University of New South Wales (UNSW) - Faculty of Law

Date Written: July 1, 2019

Abstract

Australia’s recently enacted federal Modern Slavery Act 2018 (Cth) (the Australian Modern Slavery Act or the Act) forms part of a growing global trend towards mandated corporate disclosures in respect of modern slavery risks. This article argues that meaningful compliance with the Act can only be achieved when businesses commit to implementing a comprehensive human rights due diligence program. The authors aim to provide practical guidance on what this means in the Australian context by outlining the Guiding Principles concept of human rights due diligence, explaining how its key elements correspond with the Act’s reporting requirements, and applying internationally recognised good practice to these requirements.

Keywords: Modern Slavery Act, modern slavery, modern slavery risks, corporate disclosures, guiding principles, human rights, due diligence, reporting requirements

Suggested Citation

Nolan, Justine and Frishling, Nana, Australia’s Modern Slavery Act: Towards Meaningful Compliance (July 1, 2019). Company and Securities Law Journal, 37(2), 104 (2019) , UNSW Law Research Paper No. 19-56, Available at SSRN: https://ssrn.com/abstract=3434196 or http://dx.doi.org/10.2139/ssrn.3434196

Justine Nolan (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Nana Frishling

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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