Submission to the Inquiry into the NSW Modern Slavery Act 2018

The Standing Committee on Social Issues is inquiring into and reporting on the Modern Slavery Act 2018 (NSW) (the NSW Act), the consultation draft of the Modern Slavery Bill 2019 (the amendment Bill), and the consultation draft of the Modern Slavery Regulation 2019 (NSW) (the Regulation), with particular reference to:

  • (a) the operability of the proposed anti-slavery scheme
  • (b) the effect of the anti-slavery scheme on business, including the supply chain reporting obligations under section 24 of the NSW Act
  • (c) the intended application of the anti-slavery scheme with respect to charities and not-forprofit organisations, State Owned Corporations and local councils
  • (d) the appropriateness and enforceability of Modern Slavery Risk Orders under section 29 of the NSW Act
  • (e) the unintended consequences of drafting issues with the NSW Act, including with respect to the Human Tissue Act 1983 (NSW) and the sale and supply of human tissue
  • (f) the risk of a possible constitutional challenge to current provisions in the NSW Act due to inconsistencies with the Criminal Code Act 1995 (Cth)
  • (g) whether the passage of the Modern Slavery Act 2018 (Cth) renders parts or all of the NSW Act unnecessary, or requiring of amendment to address inconsistencies or gaps
  • (h) the preferred course of action to address the matters identified
  • (i) any other related matter.

Below is the submission made by Justine Nolan and Martijn Boersma.

Submission to NSW MSA 2019 NOLAN BOERSMA Oct 4 2019

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