NSW Modern Slavery Act Framework & Procurement Rules
Understanding the statutory interplay between the Commonwealth A$100M threshold and the New South Wales A$50M commercial tender due diligence regime.
1. The NSW Legislative Context (Modern Slavery Act 2018 NSW)
While the Commonwealth Modern Slavery Act 2018 establishes a mandatory national reporting requirement for corporate entities with consolidated annual revenue of A$100M+, New South Wales maintains its own distinct statutory regime under the Modern Slavery Act 2018 (NSW).
Under Schedule 2 of the NSW Act and associated State Procurement Guidelines, a lower consolidated revenue threshold of A$50 million applies when evaluating supplier risks for NSW Government contracts and agency tenders.
Key Takeaway for Mid-Tier Entities (A$50M–A$100M)
If your organisation earns between A$50M and A$100M annually, you are exempt from mandatory Commonwealth filing, BUT you must demonstrate active supply chain due diligence when tendering for NSW Public Sector procurement.
2. Commonwealth vs. NSW Framework Comparison
| Feature | Commonwealth Regime (Cth) | NSW State Regime (NSW) |
|---|---|---|
| Primary Revenue Threshold | A$100 Million Consolidated Revenue | A$50 Million Procurement Baseline |
| Mandatory Register | modernslaveryregister.gov.au | NSW Procurement Supplier Register |
| Anti-Slavery Commissioner | Under Active Reform Consultation | NSW Anti-Slavery Commissioner Enacted |
3. Recommended Actions for NSW Commercial Suppliers
- Voluntary Opt-In (s.14 Cth): Mid-tier entities in the A$50M–A$100M band frequently opt to publish a voluntary Commonwealth statement under Section 14 to satisfy NSW Government tender questionnaires.
- Tier 1 Supplier Mapping: Ensure all direct subcontractors providing services in high-risk NSW sectors (cleaning, security, IT maintenance, construction) have executed a Supplier Code of Conduct.