NSW Supplier Code of Conduct changed to reflect modern slavery laws

New amendments to the NSW Supplier Code of Conduct have introduced specific supplier requirements related to modern slavery.

Section 4.6 of the Supplier Code of Conduct previously required suppliers to make reasonable efforts to ensure that human rights abuses, such as forced and child labour, weren't present in their supply-chains. The amendment requires suppliers to make reasonable efforts to ensure that businesses within their supply-chains are not supplying products of modern slavery.

Under the Modern Slavery Act 2018 (NSW) (NSW Modern Slavery Act), a 'product of modern slavery' is a product produced in whole or in part through modern slavery. This means that a good/service is a 'product of modern slavery' if modern slavery exists at any point along its supply-chain.

This amendment clarifies expectations of suppliers that they consider all forms of modern slavery, not just forced or child labour. It aligns with NSW Government buyers’ obligations under the NSW Modern Slavery Act 2018 and the Public Works and Procurement Act 1912 (NSW). It also supports compliance with the Commonwealth National Action Plan to Combat Modern Slavery 2020 to 2025 and Australia’s international commitments.

Buyers should draw suppliers' attention to the Supplier Code of Conduct, including the amended clause 4.6, during due diligence and contract management processes.

Buyers should also refer to the NSW Anti-slavery Commissioner’s Guidance on Reasonable Steps and associated resources to ensure they are meeting their own obligations to take reasonable steps to ensure that the goods and services they procure are not products of modern slavery.