Our lawmakers have taken steps towards better addressing workplace sexual harassment.
The Federal Government's Respect@Work legislation has now passed both houses and is awaiting a date to come into effect (soon). The legislation draws upon some elements of Sex Discrimination Commissioner, Kate Jenkins' Respect@Work report on workplace sexual harassment by amending the Fair Work Act and Sex Discrimination Act.
The amendments expand the FWC's anti-bullying jurisdiction, allowing it to make orders to stop sexual harassment in the workplace. The hope is that workers who have experienced sexual harassment will now have access to a faster, low cost and informal mechanism to deal with complaints through the FWC. The changes will also make clear that sexual harassment is a valid reason for dismissal.
The Respect@Work legislation also expands sexual harassment protections under the SD Act by aligning the meaning of worker with WHS legislation to include interns, volunteers and self-employed workers. Protection will also extend to members of parliament, their staff, and judges at all levels of government.
Another positive change will allow complaints made to the AHRC under the SD Act to be lodged within 24 months from when the conduct took place, as opposed to the existing 6-month limit. It is hoped that complainants will be more willing to come forward with the benefit of more time given the pain, suffering and trauma survivors endure.
Other significant changes include additional support and economic security for women by giving them access to paid compassionate leave if they, their spouse or de facto partner suffer a miscarriage.
