Dr Felicity Gerry KC a keynote speaker on Modern Slavery law at Christchurch Conference on International and Transnational Legal Frameworks 2026

Dr Felicity Gerry KC was a keynote speaker in a session at the Conference on International and Transnational Legal Frameworks in Christchurch, NZ on 12 March 2026.

Felicity examined how modern slavery has become not only a criminal law and corporate governance issue, but a live ethics issue for lawyers themselves.

Drawing on her cross‑jurisdictional practice in serious crime and modern slavery, Dr Gerry highlighted that from the courtroom to the boardroom, trafficking and exploitation now sit squarely within the core professional duties that govern how Australian lawyers advise and act. Whether advising on supply‑chain reporting or defending a trafficked person who has been prosecuted, lawyers are making choices that materially influence how effectively the law responds to exploitation.

Under Australia’s Modern Slavery Act 2018 (Cth), certain entities must publish annual modern slavery statements describing risks in their operations and supply chains and the steps taken to address them. In theory, transparency should drive better practice. In practice, Dr Gerry’s recent research project found the regime has produced many glossy documents that often function as an attempt at reputational insurance.

For corporates there are dangers of exposure to strategic litigation. For lawyers, professional duties of honesty, integrity and competence mean modern slavery reporting cannot ethically be treated as a mere branding exercise. Advice is necessary to ensure risks are not over‑stated due diligence is effective, and remediation is understood.

A key theme of Dr Gerry’s Christchurch presentation was that modern slavery compliance needs to move out of a narrow “procurement” silo and into the mainstream of quality and risk management. When modern slavery is parked in procurement, it tends to be reduced to contractual clauses, supplier questionnaires, and one‑off checks at tender. A quality‑management lens asks more searching questions: Are there clear metrics for worker welfare? Are modern slavery risks reviewed with the same seriousness as product safety and environmental performance? Are there escalation and remediation pathways that actually change conditions on the ground?

Felicity explained this is where law, ethics and governance meet.

She went on to deal with the corporate - criminal law overlap in the context of modern slavery / human trafficking. The criminal law framework is not necessarily in the background and where “risks” are described in reports, this needs careful handling and a familiarity with the criminal law on complicity. Familiar patterns such as passport confiscation, debt bondage and the “sale” of workers between operators are not merely poor practice; they are conduct that has attracted serious custodial sentences in Australian courts. Any approach that treats such arrangements as tolerable commercial risk, rather than as potential criminal liability, may be flawed.

Finally, Felicity foreshadowed her forthcoming report on trafficked perosns who commit crime in Victoria and the “non‑punishment” principle: trafficked persons should not be punished for conduct that is a direct consequence of their trafficking. Domestic law has been far too slow to catch up with international commitments. For criminal practitioners, this demands an ability to recognise indicators of trafficking in their clients’ histories; to understand the federal modern slavery framework; and to develop case strategies that put exploitation, coercion and vulnerability at the centre of submissions rather than treating them as an afterthought at sentence. 

Dr Felicity Gerry KC’s practice has a long‑standing focus on modern slavery, human trafficking and complex criminal and corporate cases. She is available to:

• review and stress‑test modern slavery statements and due diligence frameworks
• advise boards and general counsel on modern slavery as a governance, ethics, and liability issue
• assist with investigations, remediation strategies, and referral pathways where exploitation is suspected or found
• provide in‑house training to legal, compliance and procurement teams on modern slavery law, legal ethics, and practical case studies.

Enquiries regarding Dr Gerry’s availability for corporate advisory work and modern slavery‑related cases can be made through Greens List.