The federal government has introduced new legislation to parliament that will make employers responsible for preventing sexual harassment in their workplace.
The bill was passed through the House of Representatives on Monday and looks to implement some key legislative changes that were recommended by Sex Discrimination Commissioner Kate Jenkins in her 2020 Respect@Work report.
The most prominent change will place a “positive duty” on employers to take reasonable and proportionate steps to eliminate sex discrimination and sexual harassment from their workplace.
The Human Rights Commission will also be given new powers to enforce this positive duty, making sure employers meet the obligations. The legislation also expressly prohibits conduct that would result in a “hostile work environment” on the basis of sex.
The changes will also see Commonwealth public sector organisations report to the Workplace Gender Equality Agency on gender equality indicators.
“With this bill, we recognise that achieving women’s economic equality includes making sure women are safe at work,” Prime Minister Anthony Albanese told parliament on Monday.
“We must never accept sexual harassment as either inevitable or unavoidable. It is anything but.
“Nor should we be tempted by the dangerous fiction that we are somehow incapable of improvement. That we have come this far as a society, and that’s it.
“Let’s make these changes and move forward with our national story.”
Independent MP Dr Monique Ryan attempted to move an amendment to the government’s bill on Monday for a “fair access” costs model, to help victims of sexual harassment access justice without taking a massive financial hit.
Her amendment, which was not supported by the government and did not pass, said that the people or organisations found to have engaged in discrimination or sexual harassment should pay the legal costs of the applicant.
“The Labor government’s Respect At Work bill seeks to end workplace sexual harassment. But neutral costs orders mean the financial risk for victims could prove too daunting,” Dr Ryan said.
“I believe that the bill must be strengthened so that this significant impediment to victims obtaining representation, and pursuing justice is removed.”
The Greens indicated they would seek to move the amendment in the Senate, where the government needs their support, as well as the support of one independent.