ARTICLE · 17 SEPTEMBER 2021

A new approach to tackling sexual harassment: Legislative changes in response to Respect@Work

McCullough Robertson

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Irrespective of these recent amendments, employers should adopt a work health and safety approach to sexual harassment.

AustraliaEmployment and HR

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Legislative change

On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) (Act) was passed. Described by some as a “missed opportunity”, the amendments are discussed below. In real terms, it remains to be seen whether the Act will have any real impact on tackling the enduring high incidence of sexual harassment.

Background

On 29 January 2020, Kate Jenkins, the Australian Human Rights Commission's Sex Discrimination Commissioner, delivered Respect@Work: Sexual Harassment National Inquiry Report (the Report).

The Report followed a comprehensive national survey of employees in Australian workplaces and found that “Workplace sexual harassment is prevalent and pervasive”.

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