Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021

On 2 September 2021, the Senate passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. This legislation brings into law six of the twelve changes from the Sex Discrimination Commissioner, Kate Jenkins’ Respect@Work report.

The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 now makes sexual harassment a sackable offence. This legislation also better defines, under the Act, that harassing a person on the basis of sex is prohibited.

Employees will also now have 24 months, instead of six months, to lodge a sexual harassment claim with the Australian Human Rights Commission.

Another significant change that was passed, includes an acknowledgement that sexual harassment is a work health and safety issue, like bullying. This means that victims of sexual harassment can apply for an ’order to stop sexual harassment’ through the Fair Work Commission. 

The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 also broadens the definition of what establishes work and by whom. This means that more vulnerable people will now be covered, as well as people working from home.

Commissioner Jenkins stated, "So we now have a better understanding that work is pretty much when you're doing work, at any time, in any place." 

Another significant change for many, included the Bill closing a gap that had previously excused public officials, including judges, members of parliament and their staff, from being the focus of any complains under the Act.

One of the key legislative changes incorporates the onus of an alleged ’positive duty’ on companies and organisations to ensure steps are taken to prevent sexual harassment, discrimination and victimisation in the workplace.

Commissioner Jenkins expressed that employers and safety regulators are taking notice, but in order to ’shift the culture to prevention’, she thinks this change in the Act is essential. 

Commissioner Jenkins said the government has not rejected the other six recommendations for legislative change in her Respect@Work report, and accepts it will take time. 

Commissioner Jenkins reiterated that she intends to “…hold them to the commitment that the other six will get further consideration."