BSCAA National Newsletter – January 2019
To download the full newsletter please click here: January 2019 BSCAA National Newsletter
Welcome to 2019…
The BSCAA National Board of Directors would like to thank all of its members and Business Partners for their support over the past 12 months and we look forward to new and exciting ventures in 2019.
We Comply is a free service to BSCAA members and contains a full suite of Human Resources and Workplace Health and Safety Policies, Work Method Statements and Procedure templates. For more details visit https://bscaa.com/national/wecomply/
A new Modern Slavery Act article has now been added to WeComply.
All BSCAA Members would now have received their updated WeComply Passwords. If you don’t yet have yours please contact your state.
Modern Slavery Act: Australia
Australia is about to introduce a Modern Slavery Act.
The Act will impact on very, very large organisations only. It applies only to organisations over a $100 million threshold either based or operating in Australia will be accountable to some extent, to the modern slavery risks associated with their global supply chain. This equates to about 3,000 entities in all. If you are a cleaning organisation and are part of a bigger organisation this may indirectly apply to you.
The term ‘modern slavery’ is a recent one and has come into vogue partly because of the complexities surrounding issues such as slavery; servitude; trafficking in persons; forced labour; debt bondage; forced marriage; and sale of or sexual exploitation of children.
Australia has just passed the Modern Slavery Bill 2018 (Cth) which is expected to take effect in 2019. Taking effect means the first statements or reports from the eligible entities will be due at the end of 2020.
Entities who fit within this scope will need to submit an annual statement/report on the risks of modern slavery in their operations and supply chains, actions to address those risks and how they assess the effectiveness of their actions. Statements/reports must be signed and made public.
The Act does not impose any penalties for failure to comply, nor does it create the role of an independent Anti-Slavery Commissioner, unlike the New South Wales legislation. Future reviews of the Bill will however consider whether any additional measures to improve compliance with the Act are necessary such as civil penalties.
The real penalty for organisations is reputational damage.
There are some legal penalties for failure to comply with modern slavery reasonable compliance within an organisation. If it is determined that there is modern slavery in a company’s supply chain, there are potential liability risks for directors, particularly given the requirement for the statements to be approved and signed at Board level.
The obligations under the Act will interact with existing obligations on directors.
Whilst this is new legislation, several states already have similar legislation and nationally we also have the following supportive acts:
- Criminal Code Act 1995: Criminalises trafficking, slavery and slavery-like practices.
- Crimes Act 1914: Provides protections for trafficked persons when giving evidence and allows a court to order that offenders make reparation to victims.
- Migration Act 1958: Provides offences for allowing an unlawful non-citizen to work or breach work-related visa conditions, and to contrive a marriage for the purpose of obtaining a visa. Changes in 2015 strengthened penalties for paying for visa sponsorship.
- Fair Work Act 2009: Empowers the Fair Work Ombudsman to enforce compliance with the Fair Work Act.
- Marriage Act 1961: Provides offences for solemnising or going through a ceremony of marriage with a person who is not of marriageable age.
- Proceeds of Crime Act 2002: Provides a scheme for tracing, restraining and confiscating the proceeds of crime, including trafficking and slavery.
Victoria – firstname.lastname@example.org
- Do we have your most recent details? Members who may have changed their email accounts, could find their included benefits such as Tenderlink, CV Check and WeComply logins are no longer accessible. Victorian secretariat will be contacting you shortly to check your records. You can send your updated records to the Victorian secretariat email@example.com or call on 1300 513 306.
- Victorian events mailing list – if you have any other colleagues you would like to our events mailing list please forward their full name, company and email to firstname.lastname@example.org
New South Wales – email@example.com
- BSCAA NSW is working closely with icare Workers Insurance to keep members up to date. Dispute resolution is changing on 1 January 2019. To find out more click here. icare has introduced a new tool which provides employers and brokers on-the-spot confirmation that a business they may be dealing with is covered by an icare workers insurance policy. You can access the tool on the icare website from your desktop or mobile device.
Queensland – firstname.lastname@example.org
- Qld Regional Roadshow proudly sponsored by QLeave is scheduled for 18-20 February 2019 in Cairns, Townsville and Mackay. Confirmed speakers include QLeave, ATO, Workplace Advisory Group, Fair Work Ombudsman and Workplace Health and Safety Queensland. This is a FREE event so book now! To find out more click here.
- BSCAA Qld Golf Day is confirmed for 1 March 2019. With over 100 attendees this is one of the biggest social events of the BSCAA Queensland calendar. Book your team now!
South Australia – email@example.com
- SafeWorkSA Media Release: Working in the heat: modify workloads, cover up, hydrate, take breaks. Under the Work Health and Safety Act 2012, employers are responsible for appropriately managing workplace risks, including working with the risk of heat stress and solar UV radiation exposure.
Western Australia – firstname.lastname@example.org
- WA Government – Small Business facts and statistics: Small businesses represent more than 96 percent of all businesses in Western Australia. Take a look at the latest figures highlighting the sector’s contribution to our economy.
Tasmania – email@example.com
- BSCAA Tasmania’s Excellence Awards will be held on Saturday 16th March 2019 in Launceston.
Tasmanian Government Tenders – Browse Tenders or Register for eTendering here!