38GModern slavery audit by Auditor-General

#### 38G Modern slavery audit by Auditor-General 38G Modern slavery audit by Auditor-General > > (1) The Auditor-General may, when the Auditor-General considers it appropriate to do so, conduct a risk-based audit of all or any particular activities of a government agency to determine whether the government agency is ensuring that goods and services procured by and for the agency are not the product of modern slavery. > > > (2) In exercising functions under this section, the Auditor-General is to consider whether the government agency— > > > > > (a) has exercised due diligence in relation to procurement of goods and services, and > > > > > (b) if the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), Part 11 applies to the procurement of goods and services by or for the government agency, has complied with the directions of the NSW Procurement Board under section 175(3)(a1) of that Act. > > > > > > Note— > > > > > > The [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), Part 11 does not apply to the procurement of goods and services by or for— > > > > > > > (a) a local council or other local authority, or > > > > > > > (b) the Parliament of New South Wales. > > > > > > See section 163(2) of that Act. > > > (3) In subsection (2), due diligence includes taking reasonable steps (whether by way of contractual terms or otherwise) to ensure the primary supplier of goods and services is responsible for implementing processes to eliminate or minimise the risk of the goods or services supplied being products of modern slavery. > > > (4) A modern slavery audit is separate from, and does not affect, any other audit required or authorised by or under this or any other Act. > > > (5) A single modern slavery audit may relate to the activities of more than one government agency. > > **s 38G:** Ins 2018 No 30, Sch 5.5.