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Breaking news: NSW Modern Slavery Act 2018 to be delayed or repealed

21 June 2019

#Procurement, #Construction, Infrastructure & Projects

Breaking news: NSW Modern Slavery Act 2018 to be delayed or repealed

The NSW Modern Slavery Act was debated in parliament yesterday

Due to a number of issues including:

  • legislative defects
  • State and Commonwealth inconsistencies potentially leading to constitutional issues and challenges under s109

the Act - that had been expected to commence on 1 July 2019 - is being referred to the Standing Committee on Social Issues.

There is amending legislation that has been drafted, and the draft Regulations continue to evolve and develop.

Rather than rush through legislation to correct the issues, and leave the legislation open for challenge, it has been decided to defer its commencement for further consideration by this committee.

Possible avenues from here are amendments to the Act, a determination that the issues can be dealt with under expanded and further amended legislation, or a decision that, due to the Commonwealth Act, the NSW legislation is unnecessary and should be repealed.

This is a very interesting and fast moving space. We will report further as this matter develops.

Author: Scott Alden


Scott Alden, Partner & National Head of Procurement
T: +61 2 8083 0419 

Stephen Natoli, Partner 
T: +61 3 9321 9796 

Troy Lewis, Partner & National Head of Construction and Infrastructure 
T: +61 7 3135 0614 

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