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ARTICLE · 19 DECEMBER 2022

Respect at Work Bill enshrines preventative approach for employers

Employers should review procedures and policies, reflect on their workplace culture, and ensure appropriate training.

AustraliaEmployment and HR

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

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