Public statement in relation to Linx Employment Tas Pty Ltd

4 August 2023

The NSW Anti-slavery Commissioner, Dr James Cockayne, has invited people with information about the treatment of workers employed or accommodated in New South Wales through Linx Employment Tas Pty Ltd, or seeking support and assistance as a result of such treatment, to contact his Office. 

The Tasmanian labour hire company recently exited the Pacific Assistance Labour Mobility scheme amidst allegations of worker abuse and exploitation. Linx Employment is reported to be under investigation by the Fair Work Ombudsman (FWO) and the Department of Workplace Relations (DEWR).

"I have received specific information suggesting the possibility of modern slavery connected to Linx Employment Tas Pty Ltd", said Dr Cockayne. "The Modern Slavery Act 2018 (NSW) requires me to identify and provide assistance and support for victims of modern slavery."

"Anyone with information about abuse, maltreatment, deceptive recruiting, financial abuse or coercion connected to Linx Employment Tas Pty Ltd is welcome to share that information confidentially with me," said Dr Cockayne. 

"I and my team operate independent of government, and have a mandate to provide individuals and their families, friends and advocates with information about and referral to relevant support programs and services."

"The Modern Slavery Act 2018 (NSW) provides protection from liability for anyone sharing information with the Anti-slavery Commissioner."

The Office of the NSW Anti-slavery Commissioner can be reached on 0455 255 453 or via antislavery@justice.nsw.gov.au. 

Background

The NSW Anti-slavery Commissioner's functions and powers in dealing with such matters are defined by the Modern Slavery Act 2018 (NSW). 

The functions of the Anti-slavery Commissioner include:

• Advocating for and promoting action to combat modern slavery 
• Identifying and providing assistance and support for victims of modern slavery 
• Making recommendations and providing information, advice, education and training about action to prevent, detect, investigate and prosecute offences involving modern slavery
• Co-operating with or working jointly with persons and organisations to combat modern slavery and to provide assistance and support to victims of modern slavery
• Monitoring the effectiveness of legislation and governmental policies and action in combating modern slavery
• Raising community awareness of modern slavery.

These functions may be exercised with respect to any government agency, person, matter or thing. 

The Commissioner does not generally have the function of investigating or dealing directly with the complaints or concerns of individual cases and does not resolve specific cases. 

However, the Commissioner is specifically empowered by the Modern Slavery Act 2018 (NSW) to provide individuals and their families, friends and advocates with information about and referral to government and non-government programs and services. 

The Modern Slavery Act 2018 (NSW) also requires government agencies, and persons and bodies that provide services to, or advocate for, victims of modern slavery to work in co-operation with the Anti-slavery Commissioner. This includes a duty to disclose information that is likely to be of assistance in the exercise of the Commissioner's functions, and to provide reasonable assistance. 

Under the Modern Slavery Act 2018 (NSW) the Commissioner has discretion how to use information shared with him. Only where there is reasonable grounds to believe a child or young person is at risk of significant harm is he required to report that information to legal authorities. 

More information about the NSW Anti-slavery Commissioner is available at https://dcj.nsw.gov.au/justice/anti-slavery-commissioner.html. 

The Anti-slavery Commissioner's Strategic Plan 2023-2026, Working Together for Real Freedom, is available at www.nswantislavery.org.au.