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Breaking news: NSW Modern Slavery Act 2018 to be delayed or repealed

21 June 2019

1 min read

#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Breaking news: NSW Modern Slavery Act 2018 to be delayed or repealed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amended legislation, or a decision that, due to the Commonwealth Act, the NSW legislation is unnecessary and should be repealed.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

Contacts:

Sydney
Scott Alden, Partner & National Head of Procurement
T: +61 2 8083 0419 
E: scott.alden@holdingredlich.com

Melbourne
Stephen Natoli, Partner 
T: +61 3 9321 9796 
E: stephen.natoli@holdingredlich.com

Brisbane
Troy Lewis, Partner & National Head of Construction and Infrastructure 
T: +61 7 3135 0614 
E: troy.lewis@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. 

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