The Australian Human Rights Commission’s (AHRC) National Inquiry into Sexual Harassment in Australian Workplaces 2020 report culminated in the implemetation of the Respect at Work Act on 7 December 2022. To bring the federal jurisdiction into line with state (e.g. Queensland) there are new protected attributes related to gender identify, intersex status and breastfeeding. And protections from thirs parties in the workplace, such as contractors and customers.
A major change is moving employers from a complaint-based system to proactively preventing employees from experiencing and engaging in discriminatory/harassing conduct. As far as possible, the result should be to eliminate sexual harassment, sex-based discrimination and harassment, hostile or demeaning conduct, and victimisation in the workplace environments.
Whilst this is not really news to employers who are already being proactive about training, safe work systems and thorough risk management it is wise to re-check that you are taking all reasonable steps to meet the new legislation.
From March 2023 a person can apply to the Fair Work Commission to issue a ‘stop sexual harassment’ order. Similar to existing ‘stop bullying’ orders, they can be made if the FWC is satisfied there is a risk of sexual harassment continuing.
There are loads of information at the links below, or contact us if you need a reality check and tailored assistance for your workplace.
There are loads of information at the links below, or contact us if you need a reality check and tailored assistance for your workplace.
- www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work (Fair Work Ombudsman)
- For organisations | Respect@Work (respectatwork.gov.au) (National)
- QHRC : For employers (Queensland, similar provisions apply in each State)
- Safeworkaustralia.gov.au/safety-topic/hazards/bullying
To go beyond compliance and build a robust safe and innovative team culture, Daryl is accredited with Leader Factor to deliver workshops in the 4 Stages of Psychological Safety.
leaderfactor.com/psychological-safety