While the U.S. Supreme Court dealt a blow to human rights litigation in the United States in its recent Cisco decision, other countries are stepping up. The Australian government just announced new measures bolstering its modern slavery prevention laws. These include new criminal offenses for companies that fail to take action against slavery in their supply chains. The Government’s press release gives details:
“The Government will strengthen Australia’s modern slavery laws with a new criminal offence where companies with an annual consolidated revenue over $100 million fail to prevent modern slavery in their supply chains.
Importantly, there will be a defence available if a company can demonstrate that they took reasonable steps to prevent modern slavery. This will ensure companies which have adequate processes and steps in place are afforded appropriate protections.
Upcoming consultations will help inform the details of the proposed offence and enforcement options to further ensure the reforms are practical, effective and fit for purpose, including consideration of a deferred prosecution agreement scheme and remedies for victims.”
There is no concrete timeline for when these measures will become law. The press release notes that more details will be forthcoming in the form of upcoming consultations. In addition to adding criminal enforcement, the government also hopes to step up civil enforcement to address existing noncompliance with its Modern Slavery Act. Modern slavery prevention is becoming more popular globally. Countries are expecting companies to monitor slavery risks in their supply chains and take action. Laws like Australia’s make it increasingly difficult for corporate actors to look the other way.
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