What the Modern Slavery Act 2018 (Cth) requires

Who must report (s 5)

An entity is a reporting entity if, for the reporting period, it has consolidated revenue of at least $100 million and is an Australian entity or carries on business in Australia. The Commonwealth and certain Commonwealth entities also report. Other entities that are Australian entities or carry on business in Australia may volunteer by written notice to the Minister before the end of the reporting period, and then become reporting entities (ss 5(1)(d), 6). Consolidated revenue includes controlled entities, worked out under the accounting standards (s 4).

What a statement must cover (s 16(1))

1. Identify the reporting entity.
2. Describe its structure, operations and supply chains.
3. Describe the modern slavery risks in the operations and supply chains of the entity and any entities it owns or controls.
4. Describe the actions taken by the entity and any entities it owns or controls to assess and address those risks, including due diligence and remediation processes.
5. Describe how the entity assesses the effectiveness of those actions.
6. Describe the process of consultation with entities it owns or controls (and, for a joint statement, the entity giving the statement).
7. Include any other information the entity considers relevant.

Paraphrased. Read the Act for the exact wording.

Approval and lodgement (ss 13–14)

A statement must be approved by the entity's principal governing body (for example, the board), signed by a responsible member, in the form approved by the Minister, and given to the Minister within 6 months after the end of the reporting period. Joint statements covering one or more reporting entities are allowed, with their own approval and consultation requirements (s 14).

Compliance today (s 16A)

If the Minister is reasonably satisfied an entity has not complied, the Minister may request an explanation or remedial action, and may publish the entity's identity if it does not comply with that request. The Act does not currently contain financial penalties. Changes have been proposed; see proposed changes (not law).

Australian Anti-Slavery Commissioner

The Commissioner role was added to the Act from 7 November 2024. The Commissioner supports compliance and does research and advocacy, but cannot investigate individual cases. To report a suspected case, see reporting serious concerns.

Where Chainsight fits

Chainsight keeps a record of supplier questionnaires, cited evidence, risk notes, concerns and follow-up actions. That record can help you draft criteria (c), (d) and (e). It does not decide whether your statement complies.