Female lawyer reviewing and discussing legislation

Respect@Work Bill receives Royal Assent

Victoria Quayle ||

On 6 December 2022, the Respect@Work Bill (the Bill) received Royal Assent.

The legislation was introduced with the aims of strengthening protections against sexual harassment in the workplace.

It follows the earlier passage of the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill in its implementation of the recommendations in Sex Discrimination Commissioner Kate Jenkins’ Respect@Work Report.

The legislation also follows the launch of the Australian Human Rights Commission (the AHRC) and the Respect@Work Council’s Respect@Work website which provides workers and employers with resources to support workplaces to address sexual harassment.

Prohibition of hostile workplace environments

The legislation introduces into the Sex Discrimination Act (the SD Act) a new prohibition to make it unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.

Establishment of positive duty on employers to eliminate unlawful sex discrimination

The legislation also introduces into the SD Act a positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment and discrimination in the workplace.

Expansion of the objects of the Sex Discrimination Act

The legislation expands the objects of the SD Act to include the elimination of discrimination involving subjecting persons to workplace environments that are hostile on the ground of sex.

Australian Human Rights Commission inquiries into systemic unlawful discrimination

The legislation amends the Australian Human Rights Commission Act 1986 (Cth) to empower the AHRC to inquire into any matter that may relate to systemic unlawful discrimination, which includes unlawful discrimination that affects a group of persons and is repetitive.

Representative actions

The legislation enables a representative application, which is an application made to the AHRC on behalf of a person alleging unlawful discrimination, to proceed to the courts.

Certainty as to costs in court proceedings

The legislation provides certainty as to costs for complaints to the AHRC which progress to proceedings in the Federal Circuit and Family Court of Australia so that each party is to bear its own costs, unless the court decides otherwise.

Federal public sector bodies to report on gender equality indicators

The legislation amends the Workplace Gender Equality Act to update the reporting requirements for federal public sector agencies and entities which are required to prepare public reports on gender equality indicators.

If you have any questions regarding this article, require assistance with your own workplace discrimination matter or other employment law matter, please contact Coleman Greig’s Employment Law team.

Coleman Greig Lawyers provides this material as general information only in summary form on legal topics current at the time of first publication. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Festive season: Managing public holiday work obligations

Employers are gearing up for a run of public holidays. Provisions requiring an employee to work on a public holiday in certain circumstances have been commonplace and not overly concerning. However, the Federal Court recently held that such a provision contravened the National Employment Standards.

Employers should exercise caution when dismissing during probationary period

Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230