Shared Implementation Framework

The Modern Slavery Act 2018 (NSW) (‘the Act’) and related legislation created new due diligence and reporting obligations for certain public entities in New South Wales.

To find out if your entity has due diligence or reporting obligations, read the section ‘Covered entities’ below.

The NSW Anti-slavery Commissioner (‘the Commissioner’) developed the Shared Implementation Framework (‘the Framework’) in consultation with covered entities, to assist covered entities to effectively discharge their new obligations under the Act.

The Framework is designed to apply not only to entities that participate in the NSW Procurement Policy Framework – governed by the NSW Procurement Board – but also to other entities that do not participate in that framework but have due diligence or reporting obligations under NSW law. This includes local councils, certain universities in New South Wales, Local Aboriginal Land Councils, and others.

The Framework may be updated by the Commissioner from time to time, after further consultation with covered entities.

Currently the Framework consists of five elements:

1. the NSW Anti-slavery Commissioner’s Guidance on Reasonable Steps to Manage Modern Slavery Risks in Operations and Supply-Chains (‘Guidance’ or ‘GRS’)
2. GRS Inherent Risk Identification Tool
3. GRS Model Tender Clauses
4. GRS Model Contract Clauses
5. GRS Public Register.

Covered entities

More than 400 public entities in New South Wales have due diligence or reporting obligations relating to modern slavery, under NSW law.

To find out more, including if your entity is one of the covered entities, download and read the document GRS Resource: Covered entities (PDF, 200.3 KB).

Guidance on Reasonable Steps (GRS)

The centrepiece of the Framework is the NSW Anti-slavery Commissioner’s Guidance on Reasonable Steps to Manage Modern Slavery Risks in Operations and Supply-Chains (‘Guidance’ or ‘GRS’).

The Guidance aims to assist covered entities in applying clear policies, consistent procedures and effective risk management strategies for modern slavery risks in their operations and supply-chains. It provides guidance on how to prevent, identify, mitigate, address and remediate modern slavery risks and harms in operations and in supply-chains.

The Guidance sets out the main issues and concepts that covered entities need to understand to meet reporting and due diligence expectations under NSW law. It should be read together with the other elements of the Framework set out here.

Download the Guidance on Reasonable Steps (PDF, 2.6 MB).

GRS Annual Reporting

Many covered entities have annual reporting obligations under NSW law. The legislative provisions in relation to the publication of annual modern slavery reporting information differ depending on the type of covered entity (refer to GRS Resource: Covered entities (PDF, 200.3 KB)). Entities should carefully review their relevant legislative provisions to confirm their obligations and seek legal advice if required.

Covered entities with annual reporting obligations should report in two places:

1. By including relevant information in their entity’s formal annual report.

The timing for this report is determined by other legislation or your entity’s policies. The Office of the NSW Anti-slavery Commissioner provides an Annual Reporting Template at Appendix K in the Guidance to assist this process.

2. Using the online GRS Annual Reporting Form.

The GRS Annual Reporting Form is an online form which allows covered entities to share data directly with the Office of the NSW Anti-slavery Commissioner. A version of the GRS Annual Reporting Form can also be found at Appendix K of the Guidance. You should complete and submit this form upon publishing your Annual Report.

Download the GRS Resource: Instructions for Annual Reporting (PDF, 282.3 KB)

What do covered entities have to report on?

More information about your reporting obligations is provided in the Guidance (GRS).

Reporting relates to all activity since 1 July 2022, when the relevant legal obligations under NSW law took effect. However, the GRS takes effect from 1 January 2024. Accordingly:

• For all activity between 1 July 2022 and 31 December 2023, use the GRS as a source of inspiration on what constituted reasonable steps.
• For all activity from 1 January 2024, the GRS is formally in effect. If the NSW Procurement Board has issued a Direction requiring your entity to conform to the Guidance, this has the force of law.
• Starting 1 July 2024, in addition to annual reporting, you must also report certain individual procurement processes involving heightened modern slavery due diligence. More information is available below under the subheading GRS Heightened Modern Slavery Due Diligence reporting.

GRS Inherent Risk Identification Tool

The GRS Inherent Risk Identification Tool (‘the IRIT’) is a simple-to-use risk mapping tool intended to allow covered entities to identify the modern slavery risk associated with different product categories from which they procure. Further due diligence on specific suppliers is also required, but the IRIT provides a common baseline for understanding modern slavery risk across NSW public buyers at the category level.

The IRIT was developed by the Office of the NSW Anti-slavery Commissioner with support from the Institute of Transport and Logistics Studies at the University of Sydney Business School.

The IRIT will be periodically reviewed and updated, drawing on the latest available reliable evidence.

Download the Inherent Risk Identification Tool (XLSX, 1.5 MB).

Download the GRS Resource: Using the Inherent Risk Identification Tool (coming soon).

GRS Model Tender Clauses

The GRS Model Tender Clauses on modern slavery have been prepared by the Office of the NSW Anti-slavery Commissioner. The GRS Model Tender Clauses are intended as a resource for NSW public entities and should be read together with the Guidance.

The GRS Model Tender Clauses can also be found at Appendix I of the Guidance.

Download the GRS Model Tender Clauses:

• GRS Model Tender Clause – Heightened version: for procurements requiring Heightened modern slavery due diligence (DOCX, 64.6 KB)
• GRS Model Tender Clause – Streamlined version: for procurements requiring Light, Minimal or Standard due diligence (DOCX, 56.0 KB).

GRS Model Contract Clauses

The GRS Model Contract Clauses on modern slavery have been prepared by the Office of the NSW Anti-slavery Commissioner. They were prepared with generous support from the Responsible Contracting Project (RCP)– external sitelaunch and their pro bono counsel, Allens.

The GRS Model Contract Clauses are intended as a resource for NSW public entities and should be read in conjunction with the Guidance.

The GRS Model Contract Clauses can also be found at Appendix J of the Guidance.

Download the GRS Model Contract Clauses:

• GRS Model Contract Clause – Heightened version: for procurements requiring Heightened modern slavery due diligence (DOCX, 46.3 KB)
• GRS Model Contract Clause – Streamlined version: for procurements requiring Light, Minimal or Standard due diligence (DOCX, 56.9 KB).

GRS Heightened Modern Slavery Due Diligence reporting

Starting 1 July 2024, reporting entities will be expected to file an online report about each contract the agency is a party to that:

• commenced on or after 1 July 2024
• has (or is likely to have) a value of AUD $150,000.00 (including GST) or more, and
• requires ‘Heightened’ modern slavery due diligence on the GRS Due Diligence Level scale (refer to the GRS Resource: GRS Due Diligence Levels).

The online report must be submitted within 45 working days after the contract becomes effective. This means that if a contract commenced prior to 1 July 2024, you do not have to file this report. However, you may have annual reporting obligations relating to this transaction, since you are still expected to take reasonable steps to manage modern slavery risks in these contracts.

An online reporting mechanism will be rolled out in the second quarter of 2024, to allow reporting entities time to prepare. The mechanism will capture data allowing the Commissioner to discharge the statutory obligation to monitor the effectiveness of these due diligence efforts.

The exact data fields to be captured will be finalised through consultation in 2024 and further information will be available in 2024.

Download the GRS Resource: GRS Due Diligence Levels (PDF, 67.6 KB).

GRS Public Register

The GRS Public Register is required under section 26 of the Act.

The GRS Public Register:

• identifies any government agency failing to comply with directions of the NSW Procurement Board under section 175 of the Public Works and Procurement Act 1912 (NSW) concerning procurement (within the meaning of Part 11 of that Act) of goods and services that are the product of modern slavery and whether the government agency has taken steps to ensure compliance in the future
• identifies any State owned corporation not reporting under the Modern Slavery Act 2018 (Cth)
• includes other information that the Commissioner thinks appropriate, or information required by the regulations.

More information about the intended content of the GRS Public Register is available in the Guidance.

The GRS Public Register is, at the time of writing, empty. It is consequently currently not published. The GRS Public Register will be published online in 2024.

GRS High Risk Product  List

The GRS High Risk Product List (GRS HRPL) is a list that will be maintained and published by the Office of the NSW Anti-slavery Commissioner. It will form part of the public register maintained under section 26 of the Act.

The HRPL will contain products for which the Commissioner assesses there are reasonable grounds to believe the product is made with modern slavery.

The first edition of the GRS HRPL is under development with a view to formal publication in 2024.

GRS Resources

These GRS Resources are intended to support covered entities to implement the Guidance. New resources will be added as they become available. These will include:

• GRS Resource: Quick reference document for GSF agencies (PDF, 299.0 KB)
• GRS Resource: Covered entities (PDF, 200.5 KB)
• GRS Resource: Capability levels (PDF, 217.0 KB)
• GRS Resource: Implementation timelines and expectations (PDF, 123.5 KB)
• GRS Resource: GRS Due Diligence Levels (PDF, 67.8 KB)
• GRS Resource: Instructions for Annual Reporting (PDF, 282.4 KB)
• GRS Resource: Using the Inherent Risk Identification Tool (coming soon)
• GRS Resource: Developing a Modern Slavery Policy (coming soon)
• GRS Resource: Developing a Modern Slavery Risk Management Framework (coming soon)

Codes of practice

Section 27 of the Act permits the Commissioner to develop and publish codes of practice providing guidance in identifying modern slavery taking place within the supply chains of organisations and steps that can be taken to remediate or monitor identified risks.

Code of practice on managing modern slavery risks in renewable energy value-chains

The NSW Anti-slavery Commissioner is partnering with the Clean Energy Council– external sitelaunch to develop a code of practice on managing modern slavery risks in renewable energy value chains.

A Discussion Paper explains the case for a code of practice and outlines how it will be developed and implemented.

Read the Discussion Paper #004: A Code of Practice on managing modern slavery risks in renewable energy value-chains (PDF, 122.0 KB).

Industry, government, civil society, unions, and members of the public will have the opportunity to provide feedback on the draft code through a transparent consultation process in early 2024.

More information will be shared here as it becomes available.

Advice and support

For advice and support relating to the Shared Implementation Framework, contact the Office of the NSW Anti-slavery Commissioner at GRS@dcj.nsw.gov.au

Contact

If you have any trouble accessing the documents on this page or to request an accessible version, please contact GRS@dcj.nsw.gov.au