Support Act has welcomed the passing of the Anti Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill in the Federal Parliament on Monday.
The Bill is seen as the “next crucial step in fully implementing” the recommendation of Sex Discrimination Commissioner Kate Jenkins’ “Respect@Work” report from March 2020.
Some of the key amendments include:
- A positive duty to be imposed on employers to take reasonable and proportionate measures to eliminate workplace sexual harassment, victimisation and sex discrimination
- New powers for The Australian Human Rights Commission to assess and enforce compliance
- A prohibition on conduct that subjects another person to a workplace environment that is hostile on the grounds of sex
- Introducing costs protections into the Australian Human Rights Commission Act, “to provide greater certainty in relation to the cost of pursuing legal action”.
The Government has stated that the positive duty obligation is the “cornerstone” of the Respect@Work recommendations that marks a shift to prevention of sexual harassment and discrimination, “looking beyond remedies to misconduct”.
Businesses will have 12 months to prepare for the changes outlined in the legislation.
We released our Minimum Standards for a Mentally Healthy Music Industry in September, and are currently developing model policies and procedures for small and medium businesses to help them meet their obligations under this new legislation and under existing Workplace Health and Safety legislation.
They will include links to resources such as the Human Rights Commission’s recently launched website, described as a “one-stop-shop” to help employers prevent, and workers respond to, workplace sexual harassment.
Clive Miller
CEO
