The Australian Senate on Wednesday passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill of 2021, which is designed to protect all Australians from workplace sexual harassment. The bill expands the scope of existing sexual harassment prohibitions in Australia, promotes clarity for employers and workers, and reduces procedural barriers for sexual harassment complaints.
In June 2018, Australia’s Sex Discrimination Commissioner, Kate Jenkins, announced a National Inquiry into Sexual Harassment in Australian Workplaces. The product of the inquiry, the Respect@Work report, “made 55 recommendations to improve the prevention and response to workplace sexual harassment, informed by extensive stakeholder consultation and analysis.” The Respect@Work report also highlighted the important roles that the Australian government, states and territories, employers, and industry groups all have in supporting cultural change and creating safe workplaces.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill of 2021 implements a number of reforms in response to the findings of the Respect@Work report. The bill gives people two years to make a complaint, extending the time period from six months, in recognition of their fears about coming forward. The bill also removes the “exemption of state and territory public servants and clarif[ies] that the Sex Discrimination Act extends to members of parliament and judges at the federal and state and territory level.” It also makes sexual harassment—defined as unwelcome and demeaning conduct that could reasonably be anticipated to offend, humiliate or intimidate—a valid reason for dismissal.
The bill concludes by stating, “these amendments will support the creation of safe workplaces and are essential for advancing both women’s safety and economic security.”