NSW Modern Slavery Act reporting (NSW public entities and their suppliers)
Covered NSW public entities must take reasonable steps on modern slavery risk and report annually; their suppliers are drawn in through tender and contract clauses.
Who must comply
Covered NSW public entities, including agencies within the NSW Procurement Policy Framework, local councils, certain NSW universities and Local Aboriginal Land Councils (the Commissioner publishes the list of covered entities). Their suppliers are drawn in contractually through GRS model tender and contract clauses.
What triggers it
Being a covered NSW public entity that procures goods and services; for suppliers, tendering for or holding a NSW public sector contract that includes modern slavery clauses.
When due
Annually: modern slavery information is included in the entity's formal annual report (timing set by its governing legislation) and the online GRS Annual Reporting Form is submitted when that report is published. Inherent Risk Identification Tool version 2.0 applies from 1 July 2025 (financial-year reporters) or 1 January 2026 (calendar-year reporters).
Evidence required
Annual report modern slavery disclosures (using the Appendix K template); submitted GRS Annual Reporting Form; category-level risk mapping with the Inherent Risk Identification Tool and supplier-level due diligence; tender and contract clauses (heightened or streamlined); heightened modern slavery due diligence reports where required; remediation records.
Max penalty
No pecuniary penalty for covered public entities is stated in the Commissioner's guidance; compliance is overseen by the Anti-slavery Commissioner, and a NSW Procurement Board direction to conform to the GRS has the force of law. Supplier obligations arise from the modern slavery clauses in each NSW government contract.
Summary
The Modern Slavery Act 2018 (NSW) and related legislation impose modern slavery due diligence and reporting obligations on more than 400 NSW public entities, with the legal obligations taking effect from 1 July 2022. The NSW Anti-slavery Commissioner, whose role the Act created, has issued a Shared Implementation Framework built around the Guidance on Reasonable Steps to Manage Modern Slavery Risks in Operations and Supply-Chains (GRS), formally in effect from 1 January 2024, together with an Inherent Risk Identification Tool, model tender and contract clauses and a public register. Where the NSW Procurement Board directs an entity to conform to the GRS, the direction has the force of law. Businesses that supply NSW government bodies meet these obligations through tender questions, contract clauses and due diligence requests passed down the supply chain.
Enforced by
Topics
Related
- CWLTHModern Slavery Statement (Cwlth)Entities with consolidated revenue ≥$100M must publish a Modern Slavery Statement annually.
- CWLTHPublish an annual Modern Slavery StatementEntities with consolidated revenue ≥$100M must publish an annual Modern Slavery Statement.
- CWLTHNGER reporting (Clean Energy Regulator)Threshold-triggered annual emissions, energy production + consumption reporting.
- CWLTHSafeguard Mechanism baseline decline 4.9% paAustralia's 215 largest emitters face declining baselines under Safeguard Mechanism reform.
- CWLTHASRS Group 2 climate disclosure — FY commencing on/after 1 July 2026Group 2 (mid-tier entities) start climate disclosure FY27.
- CWLTHAASB S2 Scope 3 emissions + assurance phase-inGroup 1 entities must report Scope 3 from year 2 + escalating assurance through to FY30.
Frequently asked questions
- Who must comply with NSW Modern Slavery Act reporting (NSW public entities and their suppliers)?
- Covered NSW public entities, including agencies within the NSW Procurement Policy Framework, local councils, certain NSW universities and Local Aboriginal Land Councils (the Commissioner publishes the list of covered entities). Their suppliers are drawn in contractually through GRS model tender and contract clauses.
- What triggers NSW Modern Slavery Act reporting (NSW public entities and their suppliers)?
- Being a covered NSW public entity that procures goods and services; for suppliers, tendering for or holding a NSW public sector contract that includes modern slavery clauses.
- When is NSW Modern Slavery Act reporting (NSW public entities and their suppliers) due?
- Annually: modern slavery information is included in the entity's formal annual report (timing set by its governing legislation) and the online GRS Annual Reporting Form is submitted when that report is published. Inherent Risk Identification Tool version 2.0 applies from 1 July 2025 (financial-year reporters) or 1 January 2026 (calendar-year reporters).
- What is the maximum penalty for NSW Modern Slavery Act reporting (NSW public entities and their suppliers)?
- No pecuniary penalty for covered public entities is stated in the Commissioner's guidance; compliance is overseen by the Anti-slavery Commissioner, and a NSW Procurement Board direction to conform to the GRS has the force of law. Supplier obligations arise from the modern slavery clauses in each NSW government contract.
- What evidence is required for NSW Modern Slavery Act reporting (NSW public entities and their suppliers)?
- Annual report modern slavery disclosures (using the Appendix K template); submitted GRS Annual Reporting Form; category-level risk mapping with the Inherent Risk Identification Tool and supplier-level due diligence; tender and contract clauses (heightened or streamlined); heightened modern slavery due diligence reports where required; remediation records.
Source: https://dcj.nsw.gov.au/legal-and-justice/our-commissioners/anti-slavery-commissioner/due-diligence-and-reporting.html. Rules Mate is not a law firm. Always verify against the live regulator source before acting.