By Justine Nolan and Samuel Pryde

Modern slavery in global supply chains is attracting increased attention from states, businesses and civil society including momentum to seek a "regulatory solution" to combatting it. In 2018, Australia introduced a Modern Slavery Act which was modelled on (in part) the UK Modern Slavery Act (2015). These laws emphasise corporate disclosure as the primary means of identifying and remedying modern slavery in supply chains. Whilst these disclosure-based laws harden the expectation that business will conduct itself responsibly, they are ultimately founded on a soft approach that assumes that the transparency gained from disclosure will incentivise corporate action to address human rights risks. Two independent reviews conducted in relation to the UK Act (in 2018) and the Australian law (in 2023) recommended significant changes to improve their regulatory effectiveness, including establishing a more ambitious enforcement model and a requirement to conduct human rights due diligence. This article considers the lessons learned since the establishment of the two modern slavery regimes, it explores the role of human rights due diligence in strengthening the current regulatory regimes and the efficacy of establishing a "failure to prevent" offence to enforce due diligence compliance. Finally, it discusses the utility of states adopting a forced labour import ban as a complementary regulatory strategy to contribute to a holistic regulatory framework to address modern slavery.

UNSW Law Research No. 24-37, 2024, 24p.