Endnotes

1 Freya Dinshaw et al, BrokenPromises:TwoYearsofCorporateReporting underAustralia’sModernSlaveryAct (Report, 16 November 2022), herein referred to as the Broken Promises report; Amy Sinclair and Freya Dinshaw, PaperPromises:EvaluatingtheEarlyImpactof Australia’sModernSlaveryAct (Report, 6 February 2022), herein referred to as the Paper Promises report.

2 PaperPromisesreport (n 1); BrokenPromisesreport (n 1).

3 Reference number: 2022/ET000375 — Improving the Regulation of Modern Slavery and Access to Remedy: Learning from Experience.

4 Reference number: 2022-25164 — Improving the Regulation of Modern Slavery and Access to Remedy. Learning from Experience.

5 The first five ‘items’ in the survey were ‘automatically recorded’ results (e.g., date, time spent, starting time, etc.) so data cleaning involved removing those who dropped out at question 6 (those who opened the survey and failed to answer any question).

6 The Western Australian government now includes requirements for compliance with the MSA in its tendering process. See Fiona McGaughey et al ‘Public procurement for protecting human rights’ (2022) 47 (2) Alternative Law Journal 143.

7 Human Rights Council, Repor t of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie: Guiding PrinciplesonBusinessandHumanRights:ImplementingtheUnited Nations“Protect,RespectandRemedy” Framework (UNGPs), UN Doc A/HRC/8/5 (2008).

8 Department of Home Affairs, CommonwealthModernSlaveryAct 2018:GuidanceforReportingEntities (Guidance Document, 2018) 47.

9 PaperPromisesreport (n 1) 66.

10 BrokenPromisesreport (n 1) 18.

11 BrokenPromisesreport (n 1) 16.

12 BrokenPromisesreport (n 1) 19.

13 Danya Simpson et al, ‘The role of psychological distance in organizational responses to modern slavery risk in supply chains’ (2021) 67(8) JournalofOperationsManagement 989.

14 BrokenPromisesreport (n 1) 18.

15 As mentioned in the methodology section, the following footnoted percentages with decimal places are the result of a hierarchical linear regression model in the program SPSS. The model measures the impact that changes in a reported variable (like various risk management approaches or firm demographics) has on another (remediation practice effectiveness). The outcome is a percentage that expresses the degree to which changes in variables impact remediation.

16 A positive impact of 7.3%.

17 A positive impact of 6.5%.

18 A positive impact of 4.2%.

19 A negative impact of -2.5%.

20 Department of Home Affairs, CommonwealthModernSlaveryAct 2018:GuidanceforReportingEntities (Guidance Document, 2018) 47.

21 Including various stakeholders had a highly impactful effect on remediation practices of 9.2%.

22 Involvement of each stakeholder had a positive effect on remediation practice effectiveness of 7.2% and 6.5% respectively.

23 Involvement of more individuals positively impacted remediation practice effectiveness by 4.4%.

24 The following risk management practices had a positive effect on remediation practice awareness: Supplier Training – 7.8%; Trade Union Engagement – 7.7%; ISO Standards – 6.8%; Grievance Mechanisms – 6.3%; Audits – 5.7%.

25 The following risk management practices had a less positive effect on remediation practice awareness: External Consultants – 3.1%; Policies – 2.2%; Internal Working Groups – 1.9%; Contract Terms & Conditions – 0.3%.

26 A positive impact of 6.4%.

27 A positive impact of 5.0%.

28 A positive impact of 5.7%.

29 Genevieve LeBaron, Jane Lister, and Peter Dauvergne, ‘Governing global supply chain sustainability through the ethical audit regime’ (2017) 14(6) Globalizations 1.

30 Full recommendations for reform are set out in the Broken Promises report (pp 10-11) and the Paper Promises report (pp 8-11).