Modern Slavery: Definition and Meaning in Australian and New Zealand Workplaces

Modern slavery is an umbrella term for severe forms of exploitation where a person cannot refuse or leave due to coercion, threats, deception, or abuse of power. Under Australian law it encompasses eight specific practices: trafficking in persons, slavery, servitude, forced labour, forced marriage, debt bondage, deceptive recruiting, and the worst forms of child labour.

Australia's Modern Slavery Act 2018 (Cth) defines modern slavery by reference to the eight practices listed above and requires entities carrying on business in Australia with an annual consolidated revenue of AUD 100 million or more to publish an annual Modern Slavery Statement on the public register. The statement must address seven mandatory criteria, including the entity's structure, operations, supply chains, risk identification, and actions to assess and address those risks.

The Australian Anti-Slavery Commissioner, Chris Evans, commenced his inaugural five-year term on 2 December 2024, providing an independent oversight function the Act lacked from 2019-2024. The Commissioner's role includes engaging with business, supporting survivors, and reporting publicly on compliance trends.

The McMillan review of the Modern Slavery Act, conducted by Professor John McMillan AO and tabled in Parliament on 25 May 2023, made 30 recommendations. The Australian Government's response (accepting or partially accepting 25 of 30) did not reduce the revenue threshold below AUD 100 million but did commit to introducing penalties for non-reporting, extending the Act to cover additional modern-slavery practices, and mandating due diligence for higher-risk sectors. Legislative amendments to implement these commitments are expected in 2026.

In New Zealand, the Modern Slavery Bill 2026 was introduced to Parliament on 10 February 2026 as a bipartisan Member's Bill co-sponsored by National MP Greg Fleming and Labour MP Camilla Belich, bypassing the ballot under Standing Order 288. The Bill establishes a single reporting threshold of NZD 100 million annual revenue (raised from the NZD 50 million initially proposed). Reporting entities must publish an annual modern slavery statement covering their structure, supply chains, risks, due diligence, grievance mechanisms, remediation measures, training, and consultation. Failure to report or making false or misleading statements attracts criminal fines up to NZD 200,000 or civil penalties up to NZD 600,000, with personal liability for directors and persons involved in the management of a reporting entity. First reporting obligations are anticipated in 2028, covering activity in 2027.

Internationally, the International Labour Organization estimates 50 million people are in modern slavery globally (2021 figures), with 28 million in forced labour and 22 million in forced marriage. The ILO Forced Labour Convention 1930 (No. 29) and the 2014 Protocol remain the authoritative instruments.