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21 May 2025
The NSW Anti-slavery Commissioner, Dr James Cockayne, today unveiled the first of three detailed reports examining modern slavery risks in the procurement by NSW government agencies of electric vehicles (EVs) and EV charging infrastructure. The report is titled ‘Managing modern slavery risks in NSW Government procurement of electric vehicles: Which steps are reasonable?’ It explains the obligations on government agencies under the Modern Slavery Act 2018 (NSW) and other legislation, setting out what is expected in managing modern slavery risks in high-risk supply chains.
Two further reports will follow later this year. These reports will examine whether these mandatory due diligence obligations have been met in the government’s procurement of electric buses (‘Bus Procurement Panel 4’), and whether they are being met in the procurement of electric vehicles more broadly.
The series of three reports will present the findings of a monitoring probe initiated by the Commissioner following questions about possible links to modern slavery in supply chains of some electric buses procured by the NSW Government. These risks relate to components allegedly produced through forced labour in Xinjiang, a province of the People’s Republic of China, and in the Democratic Republic of Congo. The probe is evaluating how government agencies identify, manage, and remediate modern slavery risks and harms throughout their procurement activities, ensuring compliance with statutory duties to take “reasonable steps” to prevent modern slavery.
“The goal of this due diligence legislation, in effect since 2022, is not simply to reduce risks to government agencies – it is also to reduce risks to people”, Dr Cockayne explained. “The issue is not simply if buyers are in some way connected to suppliers with real modern slavery risks. Given the ubiquity of modern slavery – with 50 million people affected worldwide – and the complexity of contemporary supply-chains, such links are disturbingly easy to find. No, the issue is what buyers do to identify, manage – and reduce – those risks when they are identified, working individually and, critically, together, to prevent and remedy harm.”
“Sometimes, that requires ‘staying and engaging’ with suppliers that have modern slavery risks, to tackle the modern slavery and help end it, through coordinated collective action. At other times, there is no reasonable prospect of using leverage to achieve change, and termination may be the only reasonable option.”
The Commissioner’s report explains which steps are reasonable in which circumstances, summarising the official Guidance on Reasonable Steps (GRS) he published in December 2023.
The GRS identifies and explains in detail seven Reasonable Steps expected of government agencies: Commit, Plan, Source, Manage, Remedy, Report, and Improve. These steps reflect Australia’s international commitments to the UN Guiding Principles on Business and Human Rights, and relevant OECD Guidelines. Since 2024 the Commissioner has also provided a range of tools, resources and training materials, including an Inherent Risk Identification Tool and Model Contract Clauses.
Dr Cockayne added: “It is important to acknowledge that NSW government entities will sometimes have little option but to procure products or services that have a high risk of modern slavery. The obligation to take reasonable steps requires each entity to integrate consideration of these risks into their procurement planning in line with its capability and leverage. It does not strictly prohibit an entity from buying these products, just as nothing in NSW procurement law or policy requires an entity not to buy a product or service that is high risk for some other reason – for example because of counter-party or financial risk. Instead, what is expected in all these circumstances is that risk is appropriately mitigated and managed, and harm appropriately remedied. In some cases, that will require action not just by individual agencies, but at the system level – with NSW government buyers and other stakeholders working in collaboration to move suppliers away from reliance on forced labour, to slavery-free supply.”
This first report also reviews public data on modern slavery risks in the EV sector, including the extraction of cobalt in the Democratic Republic of Congo and battery production in Xinjiang. The forthcoming reports will draw on over 10,000 pages of documentation relating to government procurements in these supply-chains that have been submitted to the Commissioner after he wrote to relevant government agencies in March 2025.
The NSW Anti-slavery Commissioner is an independent statutory officer charged with combating modern slavery in New South Wales. He reports not to the NSW Government, but to the NSW Parliament. The role was established by the Modern Slavery Act 2018 (NSW), which was supported by all political parties and came into effect in 2022. The Commissioner’s functions include monitoring government procurement, promoting good practice, policy advocacy, and providing direct support and assistance to victims of modern slavery.
If you or someone you know needs help or support, please reach out for assistance.
Call 1800 FREEDOM (1800 37 33 36) for confidential support and advice for victims of modern slavery.
Timothy O’Connor | timothy.oconnor@dcj.nsw.gov.au | 0448 449 219
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