Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) to (3) on sheet 1433:

(1) Schedule 1, page 19 (before line 10), before item 78, insert:

77A After paragraph 48(1 ) ( f)

Insert:

(fa) to inquire into any matter that may relate to systemic acts, omissions or practices that are unlawful under this Act; and

(2) Schedule 1, page 20 (after line 8), after item 83, insert:

83A After section 48

Insert:

49 Performance of functions relating to systemic acts, omissions or practices that are unlawful under this Act

(1) Subject to subsection (2), the Commission shall perform the function referred to in paragraph 48(1) (fa) when:

(a) the Commission is requested to do so by the Minister; or

(b) it appears to the Commission to be desirable to do so.

(2) The Commission may decide not to inquire into a matter, or, if the Commission has commenced to inquire into a matter, may decide not to continue to inquire into the matter, if:

(a) the Commission is satisfied that the matter does not relate to systemic acts, omissions or practices that are unlawful under this Act; or

(b) the Commission is satisfied, having regard to all the circumstances, that an inquiry, or the continuation of an inquiry, into the matter is not warranted.

(3) The function of the Commission under paragraph 48(1) (fa) shall be performed by the President, and a reference in this Act or the Australian Human Rights Commission Act 1986 to the Commission or to a member of the Commission shall, in relation to the performance of that function, be read as a reference to the President.

50 Reports to the Minister

If:

(a) the Commission has inquired into a matter that may relate to systemic acts, omissions or practices that are unlawful under this Act; and

(b) the Commission is of the opinion that the matter relates to systemic acts, omissions or practices that are unlawful under this Act;

the Commission may report to the Minister in relation to the inquiry.

(3) Schedule 1, page 20 (after line 12), after item 85, insert:

85A After subsection 104(1)

Insert:

(1A) Subsection (1) does not allow the President to delegate any of the President's powers relating to the function of the Commission under paragraph 48(1) (fa) that is to be performed by the President because of subsection 49(4) to a member of the Commission other than:

(a) the Commissioner; or

(b) the Human Rights Commissioner.

85B Subsection 104(2)

Omit "The", substitute "Subject to subsection (3), the".

85C At the end of section 104

Add:

(3) If the President delegates any of the President's powers relating to the function of the Commission under paragraph 48(1) (fa) to the Commissioner, subsection (2) does not apply in relation to those powers.

I'll just speak briefly to that. Addressing sexual harassment issues at the systemic level rather than the individual level will help relieve the burden on individual workers to pursue complaints and to encourage cultural change. This provision, which would allow the Human Rights Commission president, or a delegate of the president if they so delegate, to inquire into matters that relate to systemic acts, omissions or practices, really goes to driving that cultural change and to giving the commission the power to do so of their own volition rather than waiting for an instruction—which would never come—from a minister. It certainly wouldn't come from a minister in this Morrison government. This provision would complement the, sadly, failed amendment to allow representative actions by unions or other representative bodies, again relieving the burden on individuals to avoid harassment or to confront their boss or to run the gauntlet of the legal system on their own. Examining systemic behaviour, practices, procedures and cultures of workplaces can make it safer for everyone, which is exactly why the government should vote for this amendment, but don't hold your breath.