House debates

Thursday, 7 December 2017

Committees

Joint Standing Committee on Foreign Affairs, Defence and Trade; Report

7:18 pm

Photo of Chris CrewtherChris Crewther (Dunkley, Liberal Party) Share this | | Hansard source

On behalf of the Joint Standing Committee on Foreign Affairs, Defence and Trade, I present the committee's report, incorporating additional comments from the Australian Greens, entitled Hidden in plain sight: an inquiry into establishing a modern slavery act in Australia.

Report made a parliamentary paper in accordance with standing order 39(e).

I ask leave of the House to make a short statement in connection with the report.

Leave granted.

As chair of the foreign affairs and trade subcommittee, it is my pleasure to table the committee's final report for the inquiry into establishing a Modern Slavery Act in Australia. I am honoured to propose that we seek a referral for this inquiry to the subcommittee, in October last year, with the strong support of the foreign minister. The inquiry was then referred to the committee from the Attorney-General in February 2017.

This inquiry examined best practice in fighting modern slavery both in Australia and globally. In doing so, we examine the UK's Modern Slavery Act 2015 to assess its effectiveness as well as measures adopted in various countries such as the US, France and the Netherlands, and how these could be improved. Slavery and exploitation continue to be scourges globally. Modern slavery is an umbrella concept covering a number of different forms of exploitation such as forced labour, debt bondage, child labour, human trafficking and forced marriage. There are currently more than 40 million estimated victims of modern slavery globally, including 4,300 in Australia. These crimes are already illegal under Australian law. They are covered by sections 270 and 271 of the Criminal Code. Furthermore, the Australian government maintains an ongoing commitment to stopping slavery in Australia and globally, through both the National Action Plan to Combat Human Trafficking and Slavery and the Bali Process.

Nevertheless, modern slavery remains notoriously difficult to stop. It is a hidden crime which can be inadvertently supported by the community.

Our inquiry has been widely welcomed by business, civil society and the wider community. The subcommittee received over 220 submissions and undertook 10 public hearings in four cities. We heard how the government and business can best tackle the problem of slavery, both in Australia and globally, and we listened to the plights of some of the most vulnerable.

The stories received by the subcommittee have stunned many people. We heard from Sinet Chan, a young Cambodian woman who was sent to an orphanage at the age of nine, but who was exploited by its directors. We heard about Mohammed Rowi, a Malaysian man who was given no payment for work in northern Victoria. I was also shocked by the story of a woman who was forced to live in the wall cavity of a brothel in my own electorate of Dunkley. These stories are a microcosm of the experiences suffered by victims globally, and unfortunately reflect the abuse and suffering wrought by the worst of humanity.

Despite these horrors, the subcommittee also received information about the work people are doing to try and stamp out modern slavery and to assist victims. We heard from groups committed to stopping human trafficking into orphanages in South-East Asia and around the world. We listened to some of the biggest companies in Australia and around the world, who are determined to stop forced labour being part of their supply chains. We spoke to faith representatives, who continue to show compassion and understanding for those most vulnerable.

Together these accounts and efforts bring modern slavery out of the shadows. Victims are in our own backyards, whether it be in Seaford, Parramatta or Cairns. It may be in the global supply chains of the goods we purchase, with victims providing labour to help to manufacture, for example, the shirt you wear or the fish you eat.

This creates two problems. The first and most concerning is that Australian shoppers could inadvertently support modern slavery. One part of a shirt may have been manufactured using forced labour; however, because it is only an element of the end product it may not be found out. Secondly, a competitive disadvantage is often created for businesses doing the right thing. For example, Haigh's Chocolates have made efforts to eliminate the risk of modern slavery in their supply chains; however, Haigh's can lose out in the market to those who do not have the same attentiveness to the risk of modern slavery and who can therefore outprice them. The same applies to the horticultural industry, where producers can be outpriced by, and can't compete with, local or international goods where there is exploitation and modern slavery.

As such, the report recommends the establishment of a modern slavery act in Australia, with mandatory supply chain reporting for entities with a revenue above $50 million, as well as a central repository of statements. Furthermore, by creating an optional reporting opt-in for entities below the $50 million threshold, we can incentivise smaller businesses.

The committee also recommends establishing an independent antislavery commissioner. This role, created in the UK, sees the appointed person as an independent adviser and point of contact and reviewer for businesses, civil society and government in combating modern slavery. We were fortunate to host the UK commissioner, Mr Kevin Hyland, and learn how his role has impacted the fight against modern slavery in the UK. The committee and I have recommended that this role be replicated as a linchpin for the fight against modern slavery here.

Further, I note the problems of orphanage tourism and trafficking which were brought to the attention of the committee throughout this inquiry, and in particular the work of Senator Linda Reynolds on this issue. Many Australians, out of the kindness of their hearts, contribute money and time to assist in children in need. However, the subcommittee also heard significant evidence there are many unscrupulous orphanages ruthlessly exploiting children for profit. The committee believes the government should continue to encourage the charity of Australians while still ensuring their generosity reaches its target, and thus recommends a register of approved overseas residential care institutions, thus limiting donations and support for unregistered orphanages, as well as a national advertising campaign.

The inquiry also heard about labour exploitation, particularly in the horticultural sector with migrants and backpackers. This is something I personally know about, having grown up in the country and having lived in Mildura, in north-west Victoria, for a couple of years, knowing many of these issues firsthand. One example is Moe Tureaga, a Fijian migrant who gave evidence of being unpaid in his farm work for two years.

As a result, the committee recommends changes to Australia's visa system to eliminate and reduce tied visas that often lead to exploitation and modern slavery. We also recommend introducing a uniform national labour hire licensing scheme. In addition, the committee recommends a national compensation scheme for victims of modern slavery.

This landmark report does not come together without the hard work of many. I would like to thank all submitters, witnesses and interested parties who contributed to the inquiry.

Furthermore, I would also like to thank the committee's secretariat, in particular Josh Forkett, who has done an incredible job, as well as Jason, Dorota, Natasha, plus Jason from Hansard. Furthermore, I would like to thank full committee chair Senator David Fawcett, subcommittee deputy chair Senator Alex Gallacher and all members and senators of the subcommittee for their work. The fact that support has been bipartisan is a strong indicator of the support to tackle this issue.

Further, I'd lastly like to thank the Attorney-General and the Minister for Justice, who authorised this inquiry and also took the initiative, upon the release of our interim report, to gain approval through cabinet and the party room to then announce that the Australian government would legislate on modern slavery with respect to supply chain reporting, and open a public consultation process on this.

Finally, I'd like to particularly thank Zac Smith, from my office, who is here today, who helped me continuously on the inquiry and the support of my office team, as well as the pro bono support from Abi from Norton Rose Fulbright. I would also like to thank my better half, Grace, for her continuous support and patience throughout this inquiry.

The support of those directly interested, as well as the broader community, will help bring modern slavery into the light.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

Does the member for Dunkley wish to move a motion in connection with the report to enable it to be debated on a future occasion?

7:26 pm

Photo of Chris CrewtherChris Crewther (Dunkley, Liberal Party) Share this | | Hansard source

I move:

That the House take note of the report.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

In accordance with standing order 39(c), the debate is adjourned. The resumption of the debate will be made an order of the day for the next sitting.