Sexual harassment in the workplace - Respect@Work and legislation

Sexual harassment in the workplace is comprehensively addressed under the Respect at Work legislative reforms, including the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 and the Respect at Work Act 2022. This guidance note outlines the evolving legal framework governing sexual harassment, its prohibition across Commonwealth, state, and territory jurisdictions, and the procedural pathways for complaints. Practitioners must understand the complex interplay between these laws to effectively manage compliance and risk.

Topics Covered

• Respect at Work legislative changes and key amendments
• Commonwealth, state, and territory sexual harassment legislation
• Complaint processes across jurisdictions
• Who is entitled to make a sexual harassment complaint?
• Victimisation protections under the Sex Discrimination Act

Essential Insights

• Assess the expanded definitions of “worker” and “PCBU” extending protections beyond traditional employment.
• Consider the implications of the positive duty imposed on employers to proactively eliminate sexual harassment risks.
• Note the extended time limits for complaint termination by the Australian Human Rights Commission, now up to 24 months.
• Understand the dual-step complaint processes and their impact on resolution timelines and litigation risks.
• Recognise the statutory prohibition against victimisation and its potential civil and criminal consequences.
• Explore the AHRC’s enhanced compliance and inquiry powers under recent legislative amendments.