COMMENTARY:
The Modern Slavery Act 2018 became effective in Australia on January 1, 2019 to set forth a statutory reporting requirement for Australian organizations or groups that have brought in a consolidated revenue of 100 million dollars or more within a 12-month reporting period. A consolidated revenue refers to any money the organization brought in as well as any revenue from entities the organization owns or controls. The Modern Slavery Act pertains to commercial and not for profit organizations. The likelihood of this Model Law also impacting smaller entities in Australia and overseas is very high, as businesses will begin to seek out ethical organizations that have policies in place to work in accordance with the Modern Slavery Act sufficiently. Given Australia’s significant involvement in funding overseas orphanages, it is imperative to tackle the widespread issue of modern slavery. These issues are permeating the supply chains and operations of organizations across diverse sectors both within Australia and abroad.
Although there are many entities that do not meet the reporting requirements set out in the Model Slavery Act, these smaller organizations are still impacted by this legislation indirectly through connections to supply chains of reporting entities. The entities indirectly affected are charities, non governmental organizations, and other companies who utilize larger companies supply chain resources in their work. In this case, it is imperative for these smaller entities to display the provisions they have to mitigate the risks of modern slavery in their management and operations. As supply chain audits and due diligence assessments commence, entities must have clear policies in place, in accordance with legislation, that address orphanage trafficking and other forms of modern day slavery to put a stop to this criminal practice worldwide.
In terms of orphanage trafficking, organizations engaged with orphanages need to present their efforts to operate legally within these facilities. A stringent visiting and volunteering policy must be apparent, prohibiting unskilled individuals from working within the facility. Additionally, adequate registration of care services must be provided to authenticate these operations. National laws and international guidelines must be followed for the admission of children into orphanages and the privacy and protection of children within the orphanages must be provided at all times. It is essential that inspection reports of the facilities are also sufficient to the guidelines. Lastly, organizations involved with orphanages must adhere to child rights and international human rights standards in all o their operations and activities. These measures clearly demonstrate how supply chain legislation can address orphanage trafficking, ensuring the safeguarding of children and the proper functioning of organizations in a unified approach.
