Changes to be introduced next year by the Federal Government
will place an onus on employers to take a preventative, rather than
reactive, approach to discrimination, harassment and other
inappropriate behaviour in the workforce.
On 28 November 2022, the Anti-Discrimination and Human Rights
Legislation Amendment (Respect at work) Bill (the
Bill) was passed by both houses of parliament and
now awaits royal assent. The Bill aims to provide a fresh approach
to addressing workplace harassment and protecting workers from
it.
This alert will be addressing the two key amendments and the
other changes following the Bill.
Positive Duty
The Bill will amend the Sex Discrimination Act 1984 (Cth)
(SD Act) and introduce a new
method that imposes a positive duty on employers to take reasonable
and proportionate measures to prevent, so much as possible, any
discriminatory or harassing behaviour from occurring in the
workplace. The Bill will shift the emphasis of being reactive