Business and Human Rights
49. The Commission commends Australia for reforms to its OECD National Contact Point.115 The
Government consulted on a National Action Plan on Business and Human Rights in 2017 but did
not proceed. There remains a lack of a regulatory framework to ensure that companies
operating Australia, as well as companies under Australia’s jurisdiction acting overseas (such as
service providers in regional processing centres), fully respect ESC rights.116 The Commission’s
recent report At the Crossroads: 10 Years of Implementing the UN Guiding Principles on Business
and Human Rights made a number of recommendations towards the more effective
implementation of the United Nations Guiding Principles on Business and Human Rights
(UNGPs) in Australia, including the introduction of mandatory human rights due diligence
laws.117
50. The Commission has conducted extensive work on human rights concerns in sport, exposing
issues associated with racial discrimination, sex discrimination, abuse, bullying, sexual
harassment and assault and children’s rights across a range of sports and sporting
institutions;118 and addressing compliance of sporting bodies with the United Nations Guiding
Principles on Business and Human Rights,119 and with domestic discrimination laws.120
51. The Commission is also concerned about increasing use of new and emerging technologies
such as artificial intelligence in a manner that impacts upon ESC rights. The Commission’s
Human Rights and Technology report makes recommendations to embed human rights
considerations and safeguards into the development and use of technology.121
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Information about steps taken to ensure the substantive implementation of UNGPs in
Australia by both business and government
Information on ensuring sporting bodies comply with human rights standards
Information on regulating the development and use of new and emerging
technologies through a human-rights framework
Slavery and trafficking
52. The Commission commends Australia for the Modern Slavery Act 2018 (Cth), which includes the
Government as a reporting entity. The upcoming three-year review of the Act 122 provides a
welcome opportunity to strengthen Australia’s regulatory framework, noting that there are no
financial penalties for non-compliance with reporting requirements, no federal Anti-Slavery
Commissioner with oversight of modern slavery statements, and no national compensation
scheme for victims of slavery and human trafficking.
53. The Commission welcomes the National Action Plan to Combat Modern Slavery 2020–2025.123 In
particular, the Commission welcomes the commitment to afford victims and survivors of
modern slavery access to effective remedies, but notes this would be strengthened by
expanding the provision of support and pathways to remedy which are not contingent on either
engagement with a policing agency or participation in criminal prosecutions.
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Information about the three-year review of the Modern Slavery Act 2018 (Cth)
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Information about the implementation of the National Action Plan to Combat Modern
Slavery.