New laws on sexual harassment at work have been passed by the Parliament implementing six recommendations from the Sex Discrimination Commissioner’s Respect@Work Report.
Attorney-General, Senator Michaelia Cash said Government had agreed in principle or in part to 46 of the Sex Discrimination Commissioner for the Australian Human Rights Commission, Kate Jenkins’ recommendations and had noted nine for further consideration.
Senator Cash said the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 strengthened and simplified national laws to better protect Australians against sexual harassment in the workplace.
“This legislation is a critical step forward and will enhance protections against sexual harassment and other forms of sex discrimination in Australian workplaces,” she said.
Senator Cash said the Bill clarified that the Sex Discrimination Act 1984 aimed to achieve equality of opportunity between men and women; that harassing a person on the basis of sex was prohibited; broadened the scope of people covered by the Act; clarified that a complaint of victimisation could be considered a civil or criminal matter; and extended the timeframe for which a complaint could be made to the Australian Human Rights Commission (AHRC).
She said the Bill also clarified that the Fair Work Commission may make orders to stop sexual harassment in the workplace and that sexual harassment could be a valid reason for dismissal under the Fair Work Act 2009.
“The legislation also amends the Fair Work Act to enable an employee to take compassionate leave if they, or their spouse or de facto partner, has a miscarriage,” she said.
“This measure will reduce discrimination against pregnancy and overall enhance women’s economic security,” Ms Cash said.
The AHRC welcomed the passage of the Bill and said it looked forward to working with Government to progress the other Respect @ Work recommendations at the earliest opportunity.
The Sex Discrimination Commissioner’s Respect@Work: Sexual Harassment National Inquiry Report (2020) can be viewed online at this PS News link.
