David Van (Victoria, Liberal Party) Share this | Hansard source

Everyone, regardless of their sex, has the right to feel safe from sexual and gender harassment. Since the Sex Discrimination Act was first introduced, in 1984, we've come a long way. However, since then, time and time again, we are unfortunately reminded that the work is not done and that there is still more to do. That is why I'm so grateful that we have people such as Kate Jenkins, who does such important work to make Australia a better place. As Ms Jenkins states in the Respect@Work report:

Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.

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Sexual harassment is not a women's issue: it is a societal issue, which every Australian, and every Australian workplace, can contribute to addressing.

The Morrison government's commitment to creating effective, meaningful policies to positively improve women's workforce issues is why the government funded the Australian Human Rights Commission to undertake its landmark National Inquiry into Sexual Harassment in Australian Workplaces, the first of its kind in the world. The national inquiry found that, sadly, too many workplaces fall short and that women across Australia are still subject to harassment and discrimination. The government's response to the national inquiry, which was released in April 2021, is about creating a new culture of respectful behaviour in Australian workplaces. It provides a clear and comprehensive path forward to prevent and address workplace sexual harassment, while supporting meaningful culture change in Australian workplaces.

The inquiry found that the existing legal and regulatory frameworks for addressing workplace harassment are complex and difficult to navigate. This, as a result, has made it difficult for many victims to deal with their cases of discrimination and harassment. That is why the government is acting quickly to strengthen the national antidiscrimination and industrial relations frameworks, by simplifying and enhancing protections against sex based harassment and discrimination in the workplace.

We want to see change and we want this change to happen as quickly as possible. If we are to be successful, state and territory governments, industry groups, professional organisations, employers, workers and the private sector all have an ongoing role to play in building a culture of safe and respectful workplaces in Australia.

This bill implements the majority of the legislative recommendations in the Respect@Work report, focusing on the changes that can be implemented quickly that will see the greatest improvement to the antidiscrimination and industrial relations frameworks. The bill would also amend the existing entitlement to compassionate leave to enable an employee to take up to two days of paid compassionate leave if the employee or their spouse or de facto partner experiences a miscarriage.

This bill sets out very clearly that this government has no tolerance for sexual harassment in the workplace. This bill will make important changes to the Sex Discrimination Act 1984. This act provides an important framework to protect against discrimination as well as discrimination involving harassment. Importantly, this bill will introduce a new objects clause of achieving equality of opportunity between men and women. This is an important objective; however, it is not an objective that legislative reform can solve on its own.

The Respect@Work report concluded that sex based harassment, while it is already prohibited, is not well understood, which is why steps have been taken in this bill to clarify that sex based harassment is unlawful. Importantly, this bill will ensure that prohibitions against sexual harassment and sex based harassment cover all forms of workers. This means that the current exemption for state public servants will be removed, and it will be clarified, at the government's own initiative, that the Sex Discrimination Act applies to members of parliament, ministerial staff and judges. We want to ensure that, no matter the workplace and no matter your work status, you are protected by law.

Amendments will be made to the Australian Human Rights Commission Act to reduce procedural barriers in order to encourage complaints. This will be done by providing that the president's discretion to terminate a complaint initiated under the Sex Discrimination Act arises after 24 months. In addition to the reforms to the Sex Discrimination Act and the Australian Human Rights Commission Act, amendments will be made to the Fair Work Act so that it is clear what actions can be taken to deal with workplace sexual harassment. By adding a new legislative note in the unfair dismissal provisions, it will be clarified that workplace sexual harassment is a valid reason for dismissal. This bill will also make clear that the Fair Work Commission can, within the existing stop-bullying jurisdiction, make orders to stop sexual harassment.

These amendments highlight this government's commitment to eliminating the scourge of workplace sexual and gender based harassment that lurks within our society. We are calling on every leader of government possible to address this issue and we will continue to do so.

As we announced in the 2021-22 budget, the government is providing more than $64 million over four years to implement the government's response to the Respect@Work report. This builds on the initial $2.1 million over three years provided in October 2020 to implement the key recommendations of the report.

As this bill outlines, the Morrison government is committed to taking action by expanding the scope of existing harassment provisions, promoting clarity for employers and workers and reducing procedural barriers for sexual harassment complaints. With these, we can ensure that, under the legislative frameworks, all Australians are protected from sexual harassment and sexual discrimination.