An advocacy group has commenced legal action against Kmart, alleging its products are sourced from Chinese factories that are linked to forced labour. While Kmart has denied the claims, an RMIT expert explains that the legal proceedings may reveal significant gaps in Australia's commitment to eradicating modern slavery.
Professor Shelley Marshall, School of Law
"A landmark Federal Court case brought by the Australian Uyghur Tangritagh Women's Association against Kmart exposes critical flaws in Australia's approach to addressing forced labour in corporate supply chains.
"Unlike the United States and the European Union, Australia does not ban imports linked to forced labour, nor does it impose a duty on companies to act on modern slavery risks-only to report them.
"Kmart maintains it has robust ethical sourcing policies and denies any link to forced labour. But the fact that the plaintiff had to apply to the court just to access supplier information, which Kmart publicly claims to have transparently disclosed, demonstrates the profound inadequacy of Australian consumer law.
"This case may pave the way for a groundbreaking claim under consumer law for misleading conduct, and calls into question the strength of Australia's commitment to eradicating modern slavery."
Shelley Marshall is Deputy Dean (Research and Innovation) at the School of Law at RMIT University. Her work spans business, human rights and labour law; with a special interest in the regulation of informal work and labour law in poor and middle-income country contexts.
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