Modern Slavery Policy

1. Purpose

1.1 Modern slavery is a fundamental breach of human rights. The Modern Slavery Policy (the policy):

1. details UTS’s commitment to the identification, prevention, mitigation and remediation of modern slavery risks
2. addresses reporting requirements under the Modern Slavery Act 2018 (Cwlth) (the Commonwealth Act) and the Modern Slavery Act 2018 (NSW) (the NSW Act)
3. details standards of behaviour expected of staff, students, affiliates and partners, and
4. outlines how to make a report of modern slavery.

2. Scope

2.1 This policy applies to:

1. all staff, students and affiliates (hereafter UTS community)
2. any organisation, company, supplier, partner or other third party with whom UTS has a contractual agreement (hereafter partners)
3. any person appointed to investigate a report of modern slavery at UTS (hereafter investigators), and
4. controlled entities that have no policy or framework to address the legislative requirements of modern slavery.

2.2 The following are out of scope of this policy:

1. child protection (refer Child Protection Policy)
2. sexual harm (refer Sexual Harm Prevention and Response Policy), and
3. whistleblowing and public interest disclosures (refer Whistleblowing and Public Interest Disclosures Policy).

3. Principles

3.1 UTS is committed to the protection of human rights. UTS will work to:

1. identify, prevent, mitigate and remediate modern slavery risks (refer Eradicating modern slavery)
2. embed modern slavery risk management practices into everyday activities and processes, and
3. meet its obligations under the Commonwealth and NSW Acts.

3.2 UTS recognises its responsibility to prevent modern slavery as part of its broader commitment to social justice as outlined in the:

1. UTS 2027 strategy
2. Social Justice Report
3. Sustainability Policy and UTS's affirmation of the United Nations Sustainable Development Goals
4. social, ethical and behavioural standards for the UTS community (refer Equity, Inclusion and Respect Policy).

3.3 UTS is committed to transparency and accountability in its operations, contracts, supply chains and investments. UTS acknowledges the global collective effort required to prevent modern slavery and will work with its partners to identify, minimise and, where possible, prevent modern slavery.

4. Policy statements

Eradicating modern slavery

4.1 To manage modern slavery risks, UTS will:

1. undertake risk assessments in line with the Risk Management Procedure (SharePoint))
2. work to identify and respond to modern slavery in UTS operations, supply chains, contracts and investments and as part of sponsorship, honorary and/or philanthropic arrangements (refer the Procurement Policy, the Art Collection Policy and the Philanthropic Fundraising Policy)
3. undertake appropriate due diligence before engaging any partners, noting that the risk is higher in certain sectors and countries
4. only work with suppliers who meet the ethical standards and behaviours outlined in the Supplier Code of Conduct (available at Strategic procurement)
5. where appropriate, and as informed by a risk assessment and due diligence, work with partners to gain an understanding of the measures they have in place to identify and address modern slavery risks
6. ensure all policies and procedures reflect UTS’s commitment to the protection of human rights and address the risks of modern slavery (refer UTS policies)
7. provide training on modern slavery prevention and response to enable staff to identify and address modern slavery risks (refer Modern slavery awareness and training)
8. ensure vulnerable student cohorts, including students on internships and international students, have access to information on the risks of modern slavery.

4.2 Where modern slavery risks are identified outside UTS’s direct control (for example, as part of supply chains, investments or third-party agreements), UTS will use its leverage to work with partners to effect change to their practices or operations (for example, via the Cleaning Accountability Framework).

Modern slavery awareness and training

4.3 UTS promotes awareness of modern slavery through education and training and provides the UTS community with the resources to identify modern slavery risks. Training includes the following:

1. the Anti-Slavery Awareness module (available to all staff and affiliates via NEO or its replacement)
2. a free, self-paced online modern slavery course run by Anti-Slavery Australia (ASA) available to the UTS community (via UTS Open: Modern Slavery)
3. training for procurement administrators, managers and supervisors (available to all staff and affiliates via NEO), and
4. an essential information advice session for commencing international students that includes information on modern slavery (refer Enrolment and orientation).

How to report incidents of modern slavery

4.4 Members of the UTS community are encouraged to report incidents (actual or suspected) of modern slavery at the earliest opportunity via the following processes:

1. the Student Complaints Policy and portal (for students)
2. the Staff Complaints Policy and portal (for staff), or
3. to Security and Emergency Management (for all other community members).

4.5 UTS accepts anonymous reports of modern slavery, however, it is preferable for individuals making a report to identify themselves where possible to allow the university to investigate fully.

4.6 Reports of modern slavery are referred to the Pro Vice-Chancellor (Social Justice and Inclusion) who will assess the report, taking into consideration privacy and confidentiality requirements (refer Records management and privacy). In determining appropriate next steps, the Pro Vice-Chancellor (Social Justice and Inclusion) may:

1. seek guidance from internal stakeholders (for example ASA, the Finance Unit, the Office of General Counsel, the Governance Support Unit and/or the People Unit)
2. determine whether to manage the report via the normal complaints processes, a breach of this policy (refer Policy breaches and complaints) and/or a breach of any other university policy
3. advise that a HIRO report must be made (refer Health, Safety and Wellbeing Policy)
4. refer the report to another partner, and/or
5. appoint an investigator to undertake a review of the report.

4.7 Investigators may be UTS staff or an external investigator with appropriate knowledge and skills. The investigator will:

1. determine whether there are any ongoing risks posed to the physical and/or mental health, safety and wellbeing of the person making the report and propose immediate mitigation strategies
2. identify any operational or procedural concerns or issues identified by the report and propose appropriate response strategies
3. address any workplace health, safety and wellbeing obligations
4. consider whether the matter requires management by or with a UTS partner, and
5. consider whether the matter should also be referred for management under other policies (for example, the Child Protection Policy, the Conflicts of Interest Disclosure Policy, the Sexual Harm Prevention and Response Policy and/or the Whistleblowing and Public Interest Disclosures Policy).

4.8 Investigations are conducted in a timely manner, notwithstanding any external or criminal processes that may impact on the timing of an internal investigation. Investigators must provide recommendations to the Pro Vice-Chancellor (Social Justice and Inclusion) for consideration on conclusion of their review.

4.9 Staff and students who make a report of modern slavery will be provided with support and advice as appropriate (for example, from the Student Support Unit, the People Unit, the Centre for Social Justice and Inclusion and/or any other available support mechanism).

Responding to instances of modern slavery

4.10 Following an assessment, or a review from an investigator, the Pro Vice-Chancellor (Social Justice and Inclusion) will recommend a course of action. This may include one or more of the following:

1. reporting to an external agency or legal authority as appropriate (for example, the police, a government department or aid agency)
2. ending or making changes to a partnership, agreement, contract or other relationship with a third party
3. addressing behavioural misconduct by staff, students or affiliates in line with the Code of Conduct, the relevant Enterprise agreement, section 16, Student Rules, the Student Rights and Responsibilities Policy and/or any relevant legislation
4. providing any necessary supports or ongoing mitigations to staff, students or affiliates impacted by the incident of modern slavery as appropriate, and/or
5. changes to policy, procedure, operations, practice or controls to prevent the issue reoccurring.

Legislative obligations

4.11 UTS has modern slavery reporting obligations under the Commonwealth and NSW Acts.

1. Under the Commonwealth Act UTS must submit an annual modern slavery statement describing the risks of modern slavery in the university’s operations and supply chains and those of UTS controlled or owned entities (refer UTS and modern slavery).
2. Under the NSW Act UTS must include in its annual report a statement of steps taken to ensure that goods and services procured are not the product of modern slavery. UTS must also report annually on any issue raised by the NSW Anti-slavery Commissioner (refer UTS Annual Report).

Governance and oversight

4.12 UTS’s approach to addressing and preventing modern slavery is coordinated by the Pro Vice-Chancellor (Social Justice and Inclusion) who may establish working and advisory groups to manage the implementation of this policy.

4.13 Changes to policy, procedure, practice or controls resulting from a UTS response to modern slavery are reported to Council as part of normal oversight of legislative obligations (refer Legislative obligations) and/or policy review processes (refer Policy Framework).

Records management and privacy

4.14 Information relating to a report of modern slavery, including its management and response, must be managed in line with the Records Management Policy.

4.15 Information relating to a report of modern slavery, including the confidentiality of the person making a report and any individual/s named in the report, must be managed in line with the Privacy Policy.

Policy breaches and complaints

4.16 Acts of victimisation against a person for reporting modern slavery are a breach of this policy. Any person who believes they have been victimised for making a report of modern slavery, or who feel a report of modern slavery has not been appropriately managed, may make a further complaint via the normal escalation and appeals processes outlined in the:

1. Student Complaints Policy and portal (for students), or
2. Staff Complaints Policy and portal (for staff).

4.17 Breaches of this policy will be managed in line with the Code of Conduct, the Enterprise agreements, the Student Rules and/or the Supplier Code of Conduct (available at Strategic procurement) as appropriate. Breaches that constitute a public interest disclosure may be managed via the Whistleblowing and Public Interest Disclosures Policy.

4.18 A breach of legislation may result in other penalties as determined by the relevant external authority.

5. Roles and responsibilities

5.1 Policy owner: The Pro Vice-Chancellor (Social Justice and Inclusion) is responsible for enforcement of and compliance with this policy, ensuring that its principles and statements are observed. The Pro Vice-Chancellor (Social Justice and Inclusion) is also responsible for:

1. managing reports of modern slavery, including appointing investigators, recommending courses of action and identifying support for staff and students
2. coordinating the implementation of this policy, including the establishment of working and advisory groups if required
3. approving modern slavery awareness training
4. presenting the UTS Modern Slavery Statement to the Governance Committee of Council.

5.2 Policy contact: The Pro Vice-Chancellor (Social Justice and Inclusion) also acts as policy contact providing advice on implementing and administering this policy.

5.3 Implementation and governance roles:

Council, via the Governance Committee, is responsible for approving the UTS Modern Slavery Statement and authorising a member of the UTS Council (usually the Vice-Chancellor) to sign the statement.

The Head, Compliance and Assurance, Office of General Counsel, in consultation with relevant stakeholders, is responsible for:

1. coordinating the annual UTS Modern Slavery Statement under the Modern Slavery Act 2018 (Cwlth), and
2. coordinating reporting under the Modern Slavery Act 2018 (NSW), including submitting statements for the UTS Annual Report required under section 31.

The Governance Support Unit is responsible for preparing the UTS Annual Report, including the statements required by the Modern Slavery Act 2018 (NSW) coordinated by the Head, Compliance and Assurance.

The Director, Risk is responsible for providing guidance on the assessment, prevention and mitigation of modern slavery risks via the Risk Management Policy and the Risk Management Procedure (SharePoint).

The Head, Shared Services is responsible for embedding modern slavery considerations into the Procurement Policy.

The Director, Property and the Chief Financial Officer (as appropriate) are responsible for approving modern slavery related training for specific activities in their remit of responsibility (for example, procurement, onboarding or security management).

UTS International is responsible for providing information and guidance to commencing international students on the risks of modern slavery.

Supervisors are responsible for communicating this policy in their area of responsibility and providing additional training and guidance to relevant staff where required. Supervisors should encourage staff to undertake the modern slavery training as part of the workplanning process.

6. Definitions

The following definitions apply for this policy and all associated procedures. These are in addition to the definitions outlined in Schedule 1, Student Rules. Definitions in the singular also include the plural meaning of the word.

Affiliate is defined in the Code of Conduct.

Modern slavery is defined in section 4 of the Modern Slavery Act 2018 (Cwlth). This definition of modern slavery is recognised by UTS. In summary, modern slavery includes forced or compulsory labour, child labour, slavery, sexual servitude and the recruitment, movement, trafficking, harbouring or receiving of children, women or men using force (or the threat of force), coercion, forced marriage, abuse of vulnerability, deception or other means for the purpose of exploitation.

Staff is defined in the Code of Conduct.

Student is defined in the Student Rights and Responsibilities Policy.

Victimisation is defined in the Equity, Inclusion and Respect Policy.