Michaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

Just listening to Senator Patrick's contribution and the contribution of other senators around the chamber, I want to make it very clear that this bill, which I do hope will pass tonight—certainly that does appear to be the will of the chamber—will strengthen and streamline the national legal frameworks that deal with sexual harassment. This is part of the government's strategy for preventing and addressing sexual harassment, as outlined in A roadmap for respect: preventing and addressing sexual harassment in Australian workplaces.

I have listened carefully tonight to the amendments that we are making. They are substantial amendments and they will make a difference in workplaces—in particular, clarifying that the Sex Discrimination Act covers judges, members of parliament and ministerial staff and ensuring that state and territory public servants are covered by the Sex Discrimination Act by removing the existing exemption that is in place. This is actually a very important change that we are making and, certainly based on the stakeholder feedback, one that is wholeheartedly supported. In fact, I was pleased, when the government did announce that it would be making this change, that the feedback, particularly from the legal fraternity, was very supportive of what the government was doing.

In terms of expanding the coverage of the protection from workplace sexual harassment under the Sex Discrimination Act—and we're doing that by picking up the broader concepts of 'worker' and 'persons conducting a business or an undertaking', and that definition comes from the Work Health and Safety Act—what we're doing with this amendment is ensuring that all paid and unpaid workers, which will very importantly now include volunteers and interns, are protected from sexual harassment under the act. Again, this is about expanding coverage of the protection from workplace sexual harassment under the Sex Discrimination Act.

What we're also doing is introducing an express provision to clarify that sex based harassment is prohibited under the Sex Discrimination Act. There did appear to be some confusion in relation to that. This will certainly go a long way in, in particular, ensuring that employers well and truly understand that sex based harassment is prohibited under the Sex Discrimination Act. We're also in the bill that is before the Senate tonight expanding the coverage of the ancillary liability provisions in the Sex Discrimination Act to include sexual harassment and the new sex based harassment provision.

Another important amendment, which we probably haven't reflected on during the committee stage, is amending the Australian Human Rights Commission Act to extend the time period for making a complaint under the Sex Discrimination Act, meaning that a complaint cannot be terminated on the grounds of time unless it has been 24 months since the alleged incident, rather than six months. Certainly this was based on feedback that this would be a more appropriate time frame to allow those people who are or who have been subjected to sexual harassment in the workplace to bring their claim. We're also clarifying, because there was confusion in relation to this, that victimising conduct can form the basis of a civil action for unlawful discrimination under the Sex Discrimination Act, in addition to a criminal complaint.

In relation to the Fair Work Commission, we are clarifying that the Fair Work Commission can, under the existing antibullying jurisdiction, make orders to stop sexual harassment. This is a very important clarification. But we are also clarifying that sexual harassment can be conduct amounting to a valid reason for dismissal under the unfair dismissal provisions of the Fair Work Act. Again, there was—and it was sometimes disappointing to receive this feedback—confusion in relation to whether or not sexual harassment can be conduct amounting to a valid reason for dismissal under the unfair dismissal provisions of the Fair Work Act. We are ensuring that we take steps to clarify that.

The final change that I would like to comment on is something that I think was embraced by the chamber and is also something that I know there has been a lot of support for. In particular, I'd like to acknowledge Julian Simmonds and the work that he has done with the Pink Elephants Support Network—and I think everybody here knows Pink Elephants—in relation to miscarriage. While not recommended in the Respect@Work report, the bill will also enable an employee to take up to two days of compassionate leave if the employee or the employee's current spouse or de facto partner has a miscarriage.

These are the changes that, should the bill be supported—and it does appear to be the will of the chamber—will go through tonight.