Australian employers must now prevent sexual harassment and discrimination in the workplace under new legal obligations.
On Dec. 12, the Australian Human Rights Commission gained the power to ensure businesses work to eliminate sexual harassment.
Following a key recommendation from the Respect@Work report, the change focuses on preventing sexual harassment rather than reacting after it occurs.
Attorney-General Mark Dreyfus added that it was about shifting the responsibility from employees to employers.
“The new role of the Australian Human Rights Commission will be a positive step towards ensuring safe, inclusive and respectful workplaces for all employees,” he said, noting every workplace should be free from harassment and discrimination.
“The Commission’s primary focus will be to support employers in complying with their positive duty. The aim is to achieve meaningful cultural change to create safer, inclusive, and more respectful workplaces,” he said.
He added the Commission had tools to ensure compliance, including issuing notices and accepting enforceable agreements if needed.
The Albanese government allocated $5.8 million over four years and $1.8 million annually afterwards for the Commission to assume this role.
This follows the Albanese government introducing the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 last month, marking the final legislative reform to fulfil its commitment to implement all 55 recommendations of the Respect@Work report.
1 in 3 Workers Experienced Workplace Harassment in Last 5 Years
It comes after a recent survey showed 1 in 3 people saying they experienced workplace harassment in the last five years.Women (41 percent) were significantly more likely than men (26 percent) to experience harassment, and the majority of harassers (77 percent) were men.
Younger workers and those identifying as LGBT+ (46 percent), people with an intersex variation (70 percent), Indigenous Australian people (56 percent), and those with a disability (48 percent), also reported higher rates of sexual harassment.
The Information, Media, and Telecommunications industry had the highest occurrence of sexual harassment, with a prevalence of 64 percent.
Australia’s Former Sex Discrimination Commissioner Kate Jenkins, who also delivered the Respect@Work report, stated it was unacceptable that so many workers still face sexual harassment in different industries.
Yet, the Commission’s survey of over 10,000 people aged over 15 showed a growing desire for change, with nearly three-quarters of people believing that their employer’s leaders were dedicated to creating a safe work environment.
Employers Keen to Adopt Changes
Sex Discrimination Commissioner Dr. Anna Cody weighed in.She mentioned leaders of businesses were vital to showing how to prevent wrongdoing and promoting a culture of respect.
She said an initial step was to talk to workers, and find out what measures they believe should be implemented.
“Talk to them about where some of the problem areas are—are their issues with women not getting promoted or being relegated to particular types of work?” she told ABC Radio.
In addition to conducting a risk assessment, she suggested that employers establish a workplace environment where employees feel comfortable speaking up about their rights.
“This is an opportunity for Australian workplaces to become what they should be—safe, inclusive, gender-equal, respectful and free from sexual harassment and sex discrimination,” she added.
“By ensuring compliance with the positive duty obligations, the Commission, alongside Australian organisations and businesses, is taking significant strides towards fostering meaningful cultural change,” she assured.
The Commission has a Compliance and Enforcement Policy guide about how it will regulate, support, and provide crucial information for employers.
Australian Council of Superannuation Investors (ACSI) CEO Louise Davidson weighed in.
Directors Not Ready to Meet New Standards
The Australian Institute of Company Directors (AICD) welcomed the changes but noted numerous company directors, including 80 percent of women directors, were not ready to meet the new workplace standards.AICD CEO Mark Rigotti mentioned directors want management to take more significant steps to prioritise ways to prevent workplace harassment.
She said sexual harassment prevention was the responsibility of the whole board and not just women directors.
“I urge directors to educate themselves and ask questions of management on these issues,” she said
“Sexual harassment is a material risk that can expose companies to significant reputational risk, have financial implications, affect operations and impact a company’s social licence to operate.”
