16th May 2024, 5:43 PM – Senate Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 - Committee of the whole - Commissioner’s functions and a Lived Experience Advisory Panel

The majority voted against Australian Greens amendments on sheets 2506 and 2593, which means they failed. These amendments related to the Commissioner’s functions and a Lived Experience Advisory Panel.

Amendment text

SHEET 2506

(1) Schedule 1, item 4, page 4 (after line 5), after the paragraph beginning "This Part establishes" in section 20A, insert:

This Part also establishes the Lived Experience Advisory Panel.

(2) Schedule 1, item 4, page 4 (line 10), at the end of the paragraph beginning "The Commissioner has functions", add "In performing the Commissioner's functions, the Commissioner must have regard to the advice of the Lived Experience Advisory Panel.".

(3) Schedule 1, item 4, page 5 (after line 30), after subsection 20C(1), insert:

(1A) In performing the functions mentioned in subsection (1), the Commissioner must have regard to the advice of the Lived Experience Advisory Panel.

(4) Schedule 1, item 4, page 5 (after line 33), after section 20C, insert:

20CA Lived Experience Advisory Panel

(1) The Lived Experience Advisory Panel is established by this section.

(2) The Advisory Panel consists of at least 5 members appointed by the Minister by written instrument.

(3) The members of the Advisory Panel must be persons with lived experience of modern slavery.

(4) The Advisory Panel has the following functions:

(a) to advise the Commissioner, in the exercise of the Commissioner's functions, on matters relating to modern slavery;

(b) any other functions prescribed by the rules.

(5) The Minister may, by legislative instrument, make rules prescribing:

(a) matters related to the composition, membership and functions of the Advisory Panel; and

(b) the remuneration (if any) of the members of the Advisory Panel; and

(c) any other matters necessary or convenient to be prescribed for carrying out or giving effect to this section.

(6) Before making rules under subsection (5), the Minister must consult with modern slavery experts.

SHEET 2593

(1) Schedule 1, item 4, page 4 (line 16), omit "and annual reports", substitute ", annual reports and special reports".

(2) Schedule 1, item 4, page 5 (after line 2), after paragraph 20C(1)(b), insert:

(ba) to compile and maintain a list of regions, locations, industries, products, suppliers or supply chains that carry a high risk of modern slavery, to assist reporting entities in their assessment of modern slavery risks within their operations and supply chains, procurement decisions and in preparing modern slavery statements;

(bb) to, by notifiable instrument, declare that one or more regions, locations, industries, products, suppliers or supply chains is regarded by the Commissioner as having a high modern slavery risk;

(3) Schedule 1, item 4, page 5 (line 5), omit "support victims of modern slavery", substitute "identify and provide assistance and support to victims of modern slavery, including".

(4) Schedule 1, item 4, page 5 (lines 8 to 10), omit paragraph 20C(1)(e), substitute:

(e) to engage with people with lived experience of modern slavery to advise on the discharge of the Commissioner's functions, the effectiveness of measures intended to address modern slavery and the implementation of this Act;

(5) Schedule 1, item 4, page 12 (after line 35), at the end of Division 5, add:

20Z Special report by the Commissioner

(1) The Commissioner may, from time to time, prepare and give to the Minister a report (a special report) on any particular issue or general matter relating to the Commissioner's functions.

(2) A special report must not include sensitive information.

(3) The Minister must cause a copy of the special report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(4) The Commissioner must cause a copy of the special report to be published on the Commissioner's website as soon as practicable after the report is tabled in the House of Representatives.