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The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 was introduced to parliament on 27 September, with a focus on workplace sexual harassment.
This legislation comes off the back of the Respect@Work report by the Australian Human Rights Commission, which highlighted ways Australian organisations can help prevent these issues in the workplace.
The report showed that 33 per cent of people had experienced workplace sexual harassment in the last five years. Kate Jenkins, sex discrimination minister at the Australian Human Rights Commission said in the report: “Australia was once at the forefront of tackling sexual harassment globally. However, over 35 years on, the rate of change has been disappointingly slow. Australia now lags behind other countries in preventing and responding to sexual harassment.”
“Sexual harassment is not a women’s issue: it is a societal issue, which every Australian, and every Australian workplace, can contribute to addressing. Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.”
Ms Jenkins added: “The right of workers to be free from sexual harassment is a human right, a workplace right and a safety right. This legislative reform will create a regulatory environment in Australia that is key to the realisation of that right for all Australian workers.”
Commenting on the new legislation, group executive human resources at Westpac, Christine Parker, said that companies need to be making a proactive effort to prevent issues rather than waiting for complaints.
“Westpac’s approach has been to create a program that elevates and enforces our zero-tolerance policy toward sexual harassment,” she said.
“Initiatives include special training at all levels of the organisation, starting with the board, a ‘no bystander’ policy which means all employees need to speak up if they suspect or see something, and a wide range of care options for employees who raise concerns,” explained Ms Parker.
Attorney General Mark Dreyfus said that without the Respect@Work report, this bill would not have happened. The findings and 55 recommendations presented by the report “was a watershed moment in recognising the impact of sexual harassment in Australian workplaces and setting out a clear path to reform.”
“The national inquiry found that almost two in five women said they had experienced sexual harassment in the workplace in the last five years. Gender inequality is a key driver of sexual harassment in the workplace, which is borne out by the disproportionate impact this behaviour has on women,” said Mr Dreyfus.
Note from the editor: If you’re currently experiencing any of the issues we’ve discussed above and would like to reach out for help, you may wish to contact Lifeline: www.lifeline.org.au or 1800RESPECT: https://www.1800respect.org.au/
RELATED TERMS
According to the Australian Human Rights Commission, discrimination occurs when one individual or group of people is regarded less favourably than another because of their origins or certain personality traits. When a regulation or policy is unfairly applied to everyone yet disadvantages some persons due to a shared personal trait, that is also discrimination.
Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
Sexual harassment is characterised as persistent, frequent, and unwanted sexual approaches or behaviour of a sexual nature at work. Sexually harassing another person in a setting that involves education, employment, or the provision of goods or services is prohibited under the law.
Jack Campbell
Jack is the editor at HR Leader.
