Legislation Updates

The Anti Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 passed both Houses of Parliament on 28 November 2022 and received Royal Assent on 12 December 2022 making it law. The Act implements 7of the 55 recommendations of the Respect@Work Report and significantly strengthens the legal and regulatory framework relating to sexual harassment, expanding the role of the Australian Human Rights Commission, and placing greater obligations on employers.

The key part of the introduced legislation for employers to be aware of it that these recommendations emphasise the importance of a 'positive duty' on employers to actively address issues of sexual discrimination, victimisation and harassment, rather than the predominantly complaints based, reactionary approach which has traditionally been the case. Employers will be expected to take a more holistic proactive approach to actively prevent and eradicate sexual harassment and discrimination. It will also broadly cover any conduct that occurs in the workplace, including by clients and contractors. 

There are practical steps you can take now to prepare including;

1. Review and Update Your Policies – make sure your policies dealing with sexual harassment and discrimination as well as your complaints/grievance handling frameworks are up to date and lead with a positive duty approach.
2. Conduct a Formal Risk Assessment – this step will be critical to demonstrating that your business is compliant with the new positive duty requirement.  Assess what reasonable and appropriate measures your workplace can take to reflect the proposed changes.
3. Communication and Training – provide training, preferably face to face about sexual harassment, and the positive duty and encourage or require employees to make reports if they experience, witness or hear about sexual misconduct. 

Please reach out if you would like further information or you need assistance with the new positive duty requirements. We will work with you on a strategy that ensures compliance and creates a positive culture in your business.