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Modern Slavery Bill 2018

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8548

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Modern Slavery Bill 2018

 

 

(1)     Page 15 (after line 26), after Part 3, insert:

Part 3A Independent Anti-Slavery Adviser

   

20A   Independent Anti-Slavery Adviser

             (1)  An Independent Anti-Slavery Adviser shall be appointed by the Governor-General by writt en instrument.

             (2)  The Independent Anti-Slavery Adviser holds office on such terms and conditions (if any) in respect to matters not provided for in this Act as are prescribed by the rules.

             (3)  A person may only be appointed as the Independent Anti-Slavery Adviser if he or she has:

                     (a)  suitable qualifications, knowledge of, or experience in:

                              (i)  efforts to disrupt and prevent modern slavery; or

                             (ii)  efforts to disrupt and prevent other victim based crimes; and

                            (iii)  advising business, industry or government to reduce modern slavery or human rights risks; or

                            (iv)  representing the interests of those who have experienced modern slavery or human rights risks; and

                     (b)  is of good character.

             (4)  The Adviser must provide to the Department information relevant to its operation for inclusion in an annual report prepared by the Department under section 46 of the Public Governance, Performance and Accountability Act 2013.

             (5)  As soon as practicable after the end of each financial year the Adviser must submit to the Minister an annual report on the exercise of the Adviser’s functions during the year.

             (6)  A report made under subsection (5) must include:

                     (a)  an assessment of the extent to which the Adviser’s objectives and priorities have been met in that year; and

                     (b)  a statement of the matters on which the Adviser has reported under this Part during the year; and

                     (c)  a statement of the other activities of the Adviser undertaken during the year in the exercise of the Adviser’s functions.

20B   Term of Appointment

             (1)  Subject to subsection (2), the Independent Anti-Slavery Adviser holds office for the period specified in the instrument of appointment.

             (2)  The period must not exceed 5 years.

20C   Remuneration

             (1)  The Independent Anti-Slavery Adviser is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Adviser is to be paid the remuneration that is prescribed by the rules.

             (2)  The Independent Anti-Slavery Adviser is to be paid the allowances that are prescribed by the rules.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

20D   Leave of absence

             (1)  The Independent Anti-Slavery Adviser has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Independent Anti-Slavery Adviser leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

20E   Resignation

             (1)  The Independent Anti-Slavery Adviser may resign his or her appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

20F   Termination of appointment

                   The Governor-General may terminate the appointment of the Anti-Slavery Adviser:

                     (a)  for misbehaviour; or

                     (b)  if the Adviser is unable to perform his or her duties because of physical or mental incapacity.

20G   Staff

                   Staff appointed by the Independent Anti-Slavery Adviser (if any) must be persons engaged under the Public Service Act 1999 .

20H   Functions and powers of the Independent Anti-Slavery Adviser

             (1)  The Independent Anti-Slavery Adviser has the following functions:

                     (a)  encouraging good practice in the prevention, detection, investigation and prosecution of slavery and human trafficking; and

                     (b)  the identification and support of victims.

             (2)  The Minister may, by legislative instrument, give written directions to the Independent Anti-Slavery Adviser about the Adviser’s role, functions and performance as set out in this section.

Note:          Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the directions (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

             (3)  Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a direction given under subsection (2).

             (4)  Subject to subsection (2), the Independent Anti-Slavery Adviser has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section, including the following:

                     (a)  making reports on any matter related to modern slavery to the Minister;

                     (b)  making recommendations to a Commonwealth entity or Commonwealth company or a state or territory government about the exercise of its functions;

                     (c)  providing information, advice, education or training, including raising public awareness of trafficking and slavery, to government (including state and territory governments), business, industry or the broader community;

                     (d)  undertaking or supporting (financially or otherwise) the carrying out of research and the collection of data;

                     (e)  consulting Commonwealth entities, Commonwealth companies, state and territory governments, business, industry or the broader community;

                      (f)  co-operat ing with or working jointly with Commonwealth entities, Commonwealth companies, state and territory governments, business, industry, or the broader community, in Australia or internationally.

             (5)  For the purposes of this Part, Commonwealth entity and Commonwealth company have the same meanings as in the Public Governance, Performance and Accountability Act 2013 .

Publication and tabling of reports

             (6)  Subject to subsection (7), the Minister must cause a copy of any reports made under this Part to be:

                     (a)  tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister; and

                     (b)  published on the internet within 30 days after the report is given to the Minister.

             (7)  The Minister may omit from any report of the Independent Anti-Slavery Adviser any material the Minister considers would:

                     (a)  be against the interests of national security;

                     (b)  jeopardise the safety of any person; or

                     (c)  prejudice the investigation or prosecution of any offence under law.

20I   Strategic plans

             (1)  The Independent Anti-Slavery Adviser must, as soon as reasonably practicable after the Adviser’s appointment, prepare a strategic plan and submit it to the Minister for approval.

             (2)  The Independent Anti-Slavery Adviser must, before the end of the period in which a strategic plan relates, prepare a strategic plan for a period immediately following the current period and submit it to the Minister for approval.

             (3)  The Independent Anti-Slavery Adviser may at any time prepare a revised strategic plan and submit it to the Minister for approval.

             (4)  A strategic plan is a plan setting out how the Independent Anti-Slavery Adviser proposes to exercise the Independent Anti-Slavery Adviser’s functions in the period to which it relates, which must not be less than one year and not more than 3 years.

20J   Duty to co-operat e with Adviser

             (1)  The Independent Anti-Slavery Adviser may request that a Commonwealth entity or Commonwealth company co-operat e with the Adviser in a way that the Adviser considers necessary for the purposes of performing the Adviser’s functions.

             (2)  A Commonwealth entity or Commonwealth company must so far as reasonably practicable comply with a request made to it under this section.

20K   Money payable to the Adviser

             (1)  There is payable to the Independent Anti-Slavery Adviser for the performance of the Adviser’s functions such money as is appropriated by the Parliament.

             (2)  The Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Independent Anti-Slavery Adviser.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument .

[ Independent Anti-Slavery Adviser]