Guidance on reducing modern slavery in supply chains
Modern slavery risks in operations and supply-chains
Under the Public Works and Procurement Act 1912 (NSW), government agencies 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 (NSW) and must report on these steps and related matters.
To meet their statutory obligations, government agencies should align with the NSW Anti-slavery Commissioner's guidance on reasonable steps to manage modern slavery risk in operations and supply-chains (GRS or guidance on reasonable steps).
NSW Anti-slavery Commissioner guidance on reasonable steps
The NSW Anti-slavery Commissioner’s guidance on reasonable steps is effective from 1 January 2024.
The guidance is issued under the Commissioner's statutory monitoring, consultation, public awareness and advice functions. It includes a suite of new resources to help government agencies manage modern slavery risk in their operations and supply chains, including:
- Model tender schedules and contract clauses
- annual reporting template
- new heightening risk reporting obligations
- an inherent risk identification tool to understand the inherent risk in what you're buying
- a procurement quick reference guide for Government sector finance agencies.
View the NSW Anti-slavery Commissioner's full suite of guidance.
Reporting and other statutory obligations
Under the Public Works and Procurement Act 1918 [insert link], Government sector finance agencies must take reasonable steps to ensure what they’re buying is not a product of modern slavery.
The Modern Slavery Act 2018 (NSW) and the Public Works and Procurement Act 1912 (NSW) also contain reporting and other statutory obligations for government agencies, as follows:
Reporting
Section 31(1) of the Modern Slavery Act 2018 (NSW) requires Government sector finance agencies (GSF agencies) to include the following matters in their annual reporting information:
- significant operational issue: a statement of the action taken by the agency in relation to any issue raised by the Anti-slavery Commissioner during the financial year then ended concerning the operations of the agency and identified by the Commissioner as being a significant issue; and
- reasonable steps: a statement of steps taken to ensure that goods and services procured by and for the agency during the financial year then ended were not the product of modern slavery within the meaning of the Act.
GSF agencies are defined in the Government Sector Finance Act 2018 (NSW).
GSF agencies may refer to TPG23-10 annual reporting requirements | NSW Treasury for further information on annual reporting requirements.
Additional guidance on how to meet these annual reporting requirements is provided in the Commissioner's guidance.
Duty of co-operation
Government agencies of the state must work in co-operation with the Commissioner in the exercise of the Commissioner’s functions, including by sharing relevant information (Modern Slavery Act 2018 (NSW) s 14), and by responding to any ‘significant issue’ the Commissioner identifies in their operations (Modern Slavery Act 2018 (NSW) s 31(1)).
Advice and support
Modern slavery is a serious issue and it is important government agencies work together.
For advice and support relating to the Shared Implementation Framework, please contact the Office of the NSW Anti-slavery Commissioner at GRS@dcj.nsw.gov.au
View the previous Modern Slavery page.