Do you know about the new laws preventing sexual harassment and discrimination at work? On 27 September 2022, the Federal Parliament introduced a new bill following the Respect@Work Bill Australia report. These changes require businesses to take a proactive approach to safety. Instead of reacting to incidents, you must now prevent harassment, discrimination, and victimisation before they happen.
Enhanced Authority for the AHRC
The new legislation increases the Australian Human Rights Commission (AHRC) authority. The AHRC can now investigate hostile workplaces and mandate corrective action. While the bill awaits final approval, you should familiarise yourself with these key changes:
- A New Positive Duty: Employers must go beyond basic training. You must take all “reasonable and proportionate measures” to eliminate workplace harassment.
- AHRC Enforcement Power: The AHRC can now audit your compliance with these “positive duty” requirements. They may conduct inquiries, issue compliance notices, or examine witnesses.
- Hostile Environments: Exposure to sexually charged environments now constitutes “grounds of sex” discrimination. This includes offensive posters or sexualised innuendo.
The new legislation increases the authority of the Australian Human Rights Commission (AHRC)
Legal Rights and Claims
The Respect@Work Bill Australia also changes how legal claims function in the workplace:
- Union Claims: Unions gain new rights to initiate complaints in Federal Courts on behalf of employees.
- Court Costs: Courts now have the discretion to direct legal costs where they consider it “just”.
- Complaint Timelines: The AHRC will now accept complaints for conduct occurring up to 24 months prior.
Prepare Your Business for Best Practice
Does this legislation raise concerns for your business? Now is the time to modify your work environment. The law is moving from simple compliance to a mandatory “best practice” standard.
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If you need guidance on creating a positive environment, contact Assurance HR Management at 1800 577 515. We help you develop prevention plans and build employee awareness regarding your legal obligations.
