New South Wales Consolidated Acts

MODERN SLAVERY ACT 2018 - SCHEDULE 5

SCHEDULE 5 – Amendment of other Acts and regulations

5.1 - Annual Reports (Departments) Regulation 2015

Clause 6 Additional matters to be included in annual reports

Insert after clause 6 (b)--

(b1) a statement of the action taken by the Department in relation to any issue raised by the Anti-slavery Commissioner during the financial year then ended concerning the operations of the Department and identified by the Commissioner as being a significant issue,

(b2) a statement of steps taken to ensure that goods and services procured by and for the Department during the financial year then ended were not the product of modern slavery within the meaning of the Modern Slavery Act 2018 ,

5.2 - Annual Reports (Statutory Bodies) Regulation 2015

Clause 8 Additional matters to be included in annual reports

Insert after clause 8 (1) (b)--

(b1) a statement of the action taken by the body in relation to any issue raised by the Anti-slavery Commissioner during the financial year then ended concerning the operations of the body and identified by the Commissioner as being a significant issue,

(b2) a statement of steps taken to ensure that goods and services procured by and for the body during the financial year then ended were not the product of modern slavery within the meaning of the Modern Slavery Act 2018 ,

5.3 - Crimes (Domestic and Personal Violence) Act 2007 No 80

[1A[#93] Section 3 Definitions

Insert in alphabetical order in section 3(1)--

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

[1[#93] Section 4 Meaning of "personal violence offence"

Insert after section 4 (b1)--

(b2) an offence under section 93AC (Child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or

[2[#93] Section 4 (c)

Omit "or (b1)". Insert instead ", (b1) or (b2)".

[3[#93] Section 7 Meaning of "intimidation"

Insert at the end of section 7 (1) (c)--

, or

(d) conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forced marriage within the meaning of the Crimes Act 1900 , section 93AC, or

(e) conduct amounting to the coercion or deception of, or a threat to, a person to enter into a forced marriage within the meaning of the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).

[4[#93] Section 35 Prohibitions and restrictions imposed by apprehended violence orders

Insert after section 35 (2)--

(2A) Without limiting the generality of subsection (2)(f), an apprehended violence order may prohibit behaviour of the defendant that might coerce, threaten or deceive the protected person to enter into a forced marriage within the meaning of the Crimes Act 1900 , section 93AC or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).

[5[#93] Section 40 Interim apprehended violence order must be made on charge for certain offences

Insert after section 40 (5) (c)--

(c1) an offence under section 93AC (child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or

[6[#93] Section 40 (5) (d)

Omit "or (c)". Insert instead ", (c) or (c1)".

[7[#93] Section 40 (5) (f)

Insert "(c1)," after "(c),".

[8[#93] Section 48 Making of application for an order

Insert at the end of section 48 (2) (b)--

, or

(c) in the case of a child being subjected to coercion to enter into a forced marriage (within the meaning of section 93AC of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage)) for whose protection an order would be made--the Secretary of the Department of Communities and Justice or a person authorised by the Secretary to make applications under this section on the Secretary's behalf or any other person prescribed by the regulations.

[9[#93] Section 48 (3)

Insert "(other than an application under subsection (2) (c))" after "an order".

[10[#93] Section 52A

Insert after section 52--

52A Commencement of proceedings by Secretary of Department of Communities and Justice If an application for an order is made by the Secretary of the Department of Communities and Justice, the Secretary may commence the proceedings by issuing an application notice, signed by a registrar, and filing the notice in accordance with this Division.

[11[#93] Section 55 Service of application notice

Insert after section 55 (2)--

(2A) An application notice issued by the Secretary of the Department of Communities and Justice must be served by a person authorised by the rules in accordance with the rules.

5.3A - Crimes (High Risk Offenders) Act 2006 No 7

Section 5 Definitions of "serious sex offence" and "offence of a sexual nature"

Insert after section 5(2)(a)--

(a1) an offence under the Crimes Act 1900 , Part 3, Division 10A,

5.4 - Criminal Assets Recovery Act 1990 No 23

Section 6 Meaning of "serious crime related activity"

Insert after section 6 (2) (h)--

(h1) an offence under section 93AB (Slavery, servitude and child forced labour) of the Crimes Act 1900 , or

5.4A - Defamation Act 2005 No 77

Schedule 1 Additional publications to which absolute privilege applies

Insert after clause 34--

35 Matters arising under Modern Slavery Act 2018 Without limiting section 27(2)(a)-(c), matter that is published--

(a) to or by the Anti-slavery Commissioner or an acting Anti-slavery Commissioner in their capacity as the Anti-slavery Commissioner or an acting Anti-slavery Commissioner, or

(b) to a member of staff of the Anti-slavery Commissioner in their capacity as a member, or

(c) in a strategic plan under the Modern Slavery Act 2018 , section 11, or

(d) in a report under the Modern Slavery Act 2018 , section 13, 19 or 20, or

(e) in a register under the Modern Slavery Act 2018 , or

(f) in annual reporting information under the Modern Slavery Act 2018 , section 31.

5.4B - Local Government Act 1993 No 30

[1[#93] Section 428 Annual reports

Insert after section 428(4)(b)--

(c) a statement of the action taken by the council in relation to any issue raised by the Anti-slavery Commissioner during the year concerning the operations of the council and identified by the Commissioner as being a significant issue,

(d) a statement of steps taken to ensure that goods and services procured by and for the council during the year were not the product of modern slavery within the meaning of the Modern Slavery Act 2018 .

[2[#93] Section 438ZE

Insert after section 438ZD--

438ZE Duty to ensure goods and services procured not product of modern slavery A council must take reasonable steps to ensure that goods and services procured by and for the council are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 .

[3[#93] Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of the Schedule, with appropriate Part and clause numbering--

Part - Provisions consequent on enactment of Modern Slavery Amendment Bill 2021

Annual reporting about modern slavery--s 428(4)(c) and (d) Section 428(4)(c) and (d) do not apply to a year commencing before 1 July 2022.

Duty to ensure goods and services procured not product of modern slavery--s 438ZE Section 438ZE does not have effect until 1 July 2022.

5.5 - Public Finance and Audit Act 1983 No 152

Part 3, Division 2B

Insert after section 38E--

Division 2B - Modern slavery audit

38F Definitions In this Division--

"audit" includes examination and inspection.

"government agency" has the same meaning it has in the Modern Slavery Act 2018 , but does not include a public or local authority that is constituted by an Act of another jurisdiction that exercises public functions.

"modern slavery" has the meaning it has in the Modern Slavery Act 2018 .

"modern slavery audit" means an audit under this Division.

38G Modern slavery audit by Auditor-General

(1) The Auditor-General may, when the Auditor-General considers it appropriate to do so, conduct a risk-based audit of all or any particular activities of a government agency to determine whether the government agency is ensuring that goods and services procured by and for the agency are not the product of modern slavery.

(2) In exercising functions under this section, the Auditor-General is to consider whether the government agency--

(a) has exercised due diligence in relation to procurement of goods and services, and

(b) if the Public Works and Procurement Act 1912 , Part 11 applies to the procurement of goods and services by or for the government agency, has complied with the directions of the NSW Procurement Board under section 175(3)(a1) of that Act.

Note--: The Public Works and Procurement Act 1912 , Part 11 does not apply to the procurement of goods and services by or for--

(a) a local council or other local authority, or

(b) the Parliament of New South Wales.

See section 163(2) of that Act.

(3) In subsection (2), due diligence includes taking reasonable steps (whether by way of contractual terms or otherwise) to ensure the primary supplier of goods and services is responsible for implementing processes to eliminate or minimise the risk of the goods or services supplied being products of modern slavery.

(4) A modern slavery audit is separate from, and does not affect, any other audit required or authorised by or under this or any other Act.

(5) A single modern slavery audit may relate to the activities of more than one government agency.

38H Advice concerning modern slavery audit

(1) The Auditor-General is to give the Anti-slavery Commissioner advice as to the result of any modern slavery audit.

(2) Before giving the advice to the Anti-slavery Commissioner, the Auditor-General is to give the head of the government agency an opportunity to make submissions or comments concerning the modern slavery audit.

(3) The Auditor-General is to include in the advice any submissions or comments made by the head of the government agency or a summary, in an agreed form, of any such submissions or comments.

(4) The Auditor-General, in an advice concerning a modern slavery audit under this section--

(a) may recommend that the Anti-slavery Commissioner identify the government agency in the register kept under section 26 of the Modern Slavery Act 2018 , and

(b) is to set out the reasons for opinions expressed in the advice, and

(c) may include such other recommendations arising out of the audit as the Auditor-General thinks fit to make.

5.6 - Public Works and Procurement Act 1912 No 45

[2[#93] Section 171 Objectives of Board

Insert after section 171 (b)--

(b1) to ensure that goods and services procured by and for government agencies are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 ,

[3[#93] Section 175 Board may issue directions to government agencies

Insert after section 175 (3) (a)--

(a1) without limiting paragraph (a), reasonable steps that are to be taken to ensure that goods and services procured by and for government agencies are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 , and

[4[#93] Section 175 (4)

Insert after section 175 (3)--

(4) The Board must regularly consult with the Anti-slavery Commissioner about the form and content of directions that should be issued during the year under subsection (3) (a1) and take into account any recommendations of the Commissioner.

[5[#93] Section 176 Obligations of government agencies

Insert after section 176 (1)--

(1A) A government agency must take reasonable steps to ensure that goods and services procured by and for the agency are not the product of modern slavery within the meaning of the Modern Slavery Act 2018 .

5.7 - Victims Rights and Support Act 2013 No 37

[1[#93] Section 5 Meaning of "victim of crime"

Insert "or in the course of conduct of a kind referred to in paragraph (b) of the definition of
"modern slavery" in section 5 (1) of the Modern Slavery Act 2018 " after "offence" in section 5 (1).

[2[#93] Section 17 Object of Part

Insert "and acts of modern slavery" after "violence".

[2A[#93] Section 18 Definitions

Insert in alphabetical order--

"act of modern slavery" --see section 19A.

[3[#93] Section 19A

Insert after section 19--

19A Meaning of "act of modern slavery"

(1) In this Act,
"act of modern slavery" means an act or series of related acts committed in New South Wales, whether committed by one or more persons--

(a) that has apparently occurred in the course of commission of an offence or other conduct constituting modern slavery within the meaning of the Modern Slavery Act 2018 , and

(b) that has involved subjecting one or more persons to any form of slavery, servitude or forced labour of a child within the meaning of section 93AB of the Crimes Act 1900 , and

(c) that has resulted in injury or death to one of those persons.

(2) For the avoidance of doubt, the reference to an offence in subsection (1) (a) extends to conduct of a person that would constitute an offence were it not for the fact that the person cannot, or might not, be held to be criminally responsible for the conduct because of the person's age or mental illness or impairment.

(3) Except as provided by subsections (4) and (5), a
"series of related acts" is 2 or more acts that are related because--

(a) they were committed against the same person, and

(b) in the opinion of the Tribunal or the Commissioner--

(i) they were committed at approximately the same time, or

(ii) they were committed over a period of time by the same person or group of persons, or

(iii) they were, for any other reason, related to each other.

(4) An act is not related to another act if, in the opinion of the Tribunal or the Commissioner, having regard to the particular circumstances of those acts, they ought not to be treated as related acts.

(5) An act is not related to any earlier act in respect of which support is given under this Act if it occurs after the support is given.

(6) For the purposes of this Act, a series of related acts, whether committed by one or more persons, constitutes a single act of modern slavery.

[4[#93] Section 20 Meaning of "primary victim"

Insert "or act of modern slavery" after "violence" wherever occurring.

[5[#93] Section 23 Eligibility for support

Insert "or act of modern slavery" after "violence" wherever occurring in section 23 (1) and (2).

[5A[#93] Sections 25(1), (4), (6) and (7), 26 and 27

Insert "or act of modern slavery" after "violence" wherever occurring.

[6[#93] Section 30 Financial assistance

Insert "or act of modern slavery" after "violence" wherever occurring in section 30 (2).

[6A[#93] Section 30A

Insert after section 30--

30A Victims support where act is both act of violence and modern slavery To avoid doubt, if an act is both an act of violence and an act of modern slavery a victim is eligible once for support under the Scheme in relation to the act.

[7[#93] Section 31 Approved counselling services

Insert "or act of modern slavery" after "violence" in section 31 (1) (b).

[8[#93] Section 32 Authorisation of payments for approved counselling services

Insert "or acts of modern slavery" after "violence" in section 32 (1).

[9[#93] Section 32 (2)

Insert "or act of modern slavery" after "violence".

[9A[#93] Sections 34, 35, 36 and 40(5)

Insert "or act of modern slavery" after "act of violence" wherever occurring.

[9B[#93] Sections 36(2) and 37(a)

Insert "or acts of modern slavery" after "acts of violence" wherever occurring.

[10[#93] Section 38 Applications for victims support

Insert "or act of modern slavery" after "violence" in section 38 (1) (a).

[11[#93] Section 39 Documentary evidence

Insert "or act of modern slavery" after "violence" wherever occurring in section 39 (2).

[12[#93] Section 40 Time for lodging, and duration of, applications

Insert "or act of modern slavery" after "violence" wherever occurring in section 40 (1) and (6).

[13[#93] Section 43 Determination of applications

Insert "or act of modern slavery" after "violence" wherever occurring in section 43 (3) (a).

[14[#93] Section 44 Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment

Insert "or act of modern slavery" after "act of violence" wherever occurring.

[15[#93] Section 44 (3A)

Insert after section 44 (3)--

(3A) In determining a matter referred to in subsection (1) or (2) in the case of an act of modern slavery, the Commissioner must have regard to the nature of the relationship between the victim and the person or persons by whom the act of modern slavery is alleged to have been committed.

[15A[#93] Section 46 Persons to whom financial support or recognition payment may be made

Insert "or act of modern slavery" after "act of violence" in section 46(2).

[16[#93] Section 48 Victims support may be approved subject to conditions

Insert "or act of modern slavery" after "violence" wherever occurring in section 48 (2) (d).

[17[#93] Section 58 Definitions

Insert "or act of modern slavery" after "violence" in paragraph (a) of the definition of
"relevant offence" .

[19[#93] Section 79 Application of Division

Insert "or act of modern slavery" after "violence" wherever occurring.

[20[#93] Section 83 Making of restraining order

Insert "or act of modern slavery" after "violence" wherever occurring in section 83 (1) (a).