Nita Green (Queensland, Australian Labor Party) Share this | Hansard source

I spoke briefly on the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 last night, and I'm very pleased to continue my contribution. As I said last night, this is an important bill that seeks to provide access to justice for victims of sexual harassment and other forms of discrimination in the workplace. To give a bit of background on this bill, we know that the Respect@Work national inquiry provided clear vision for addressing sexual harassment in workplaces across the country. It was an inquiry that listened to experts, advocates, legal experts and survivors. Its key finding was that our country needed to provide reforms to address sexual harassment within our workplaces.

This costs protection bill represents a key element of that vision because it recognises that financial risks of legal action are a significant barrier for individuals who've experienced sexual harassment within their workplace to pursue justice. Men and women who seek unlawful discrimination claims deserve to seek justice without unforeseen financial cost, especially if they are facing a big corporation or institution, which typically have better access to financial resources, information and legal support to defend the claim.

I feel it should go without saying that this legislation is crucial for the future of unlawful discrimination proceedings and the success of access to justice. The costs protection bill would be a reform that will enhance our justice system. It ensures that applicants could access discrimination claims without the risk of bankruptcy or debt for simply wanting to stand up for their rights. It sends a clear message that our community values the people who are standing up to receive justice and that the suffering that they have endured in their workplace should not be further exacerbated by financial inability. It provides greater certainty and stability to unlawful discrimination proceedings, which will be guided by a consistent approach to cost allocation.

It must also be acknowledged that this reform is part of a bigger picture to make our justice system more accessible. Our government is committed to addressing discrimination within our country and this reform is just one of the steps we're taking to support men and women who experience sexual harassment and violence. I do want to address some of the concerns that have been raised by those opposite, and I'll go to those in a moment. But I want to be really clear about what this bill does and why we've adopted the approach that is in this legislation. While an equal cost approach is widely accepted among experts, academics and survivors, there have been some concerns that the reform could encourage unmeritorious claims or encourage parties to look at the justice system rather than engage in conciliation or alternative dispute methods.

It must be emphasised that we have a legal system with robust mechanisms to filter out these types of claims. It is also commonly known that false claims of sexual violence sit at the two to five per cent range. This should not scare us away from introducing an equal-cost model. To address the concerns that have been raised—that people will turn away from alternative dispute resolution methods due to this bill—it is unlikely that not paying response costs will encourage a huge influx of these claims.

There are still many factors that individuals consider before seeking justice before the courts, including alternative dispute resolution. This reform will, rather, ensure that costs are not the sole reason an individual decides not to pursue an unlawful discrimination case, which is the way that things are at the moment. Costs are commonly the reason why an individual decides not to pursue an unlawful discrimination case. Pursuing justice in our courts is a right that every individual should have, and this reform is rooted in fairness and equity.

The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 is a reform that will change the lives of those that have experienced unlawful discrimination within our workplaces. By introducing this costs protection provision, the bill would alleviate financial barriers that currently discourage many from pursuing legitimate claims. It addresses the critical need to balance access to justice with those financial realities of our legal system and recognises that those who seek redress for discrimination should not be penalised by the risk of adverse costs.

We know that men and women who experience sexual harassment and make the decision to seek a legal claim deserve to seek that justice, without the concern that they will have to pay hundreds and thousands of dollars in legal costs for standing up for their rights. The bill is about reinforcing our commitment to justice, fairness and equality. It's also about making our workplaces safer, and it is about ensuring that every individual, regardless of their financial situation, has an opportunity to have a safe workplace, to seek that type of justice and to ensure that we stamp out sexual harassment in our workplaces forever.

By supporting this bill, we're making a significant step towards a more just and equitable society that supports survivors, and it gives them a pathway to ensure that they can seek justice if they are harassed at work. As I said at the beginning of my contribution, Deputy President, I am very proud of the previous work that I did, before coming to parliament, working with all types of workers across all types of workplaces, but the work that I am proudest of is sitting down with victims of sexual harassment in the workplace and working through with them the options they have and seeking justice on their behalf.

I know that, particularly, these women—we know more women are harassed at work—don't seek legal compensation or a legal claim without seriously considering all of the pathways available to them. I also know the incredible toll this takes on an individual. It means that they usually have to leave their work. They are usually subject to mental health PTSD types of long-term health outcomes because of the harassment they've received, and it makes it harder for them to work again and it makes our workplaces less safe for the women that come next time.

I'm very disappointed to see the views being put forward by some of those opposite. I know that there are principled views coming from some of those opposite, but I suspect we will hear some really disappointing views from the Liberal and National parties today about the idea that women make up claims, that this will somehow create an explosion in cases and that protecting victims in this way is a step too far when it comes to protecting women in our workplaces. It's just not true, and it is so separate from the reality of what victims go through when they make the really brave decision to stand up and say that something has happened to them at work and seek justice for it. For every single one of the claims that will be made by those opposite, those in this chamber should remember all of the evidence that we received during our inquiry into the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 and that was received during the Respect@Work inquiry. The decision by those opposite to not support this bill and make claims that it will make the justice system worse is another legacy of the shadow Attorney-General seeking to prevent the Respect@Work bill and the Respect@Work report recommendations being implemented.

The Respect@Work inquiry was historic, and it was delivered at a time when women were calling for real and decent change in our workplaces and in our homes. That report, containing 55 recommendations, sat on the shelf under the previous government and was never implemented. Our government sought to implement those recommendations. We've listened to the advocates, the women, the people that stand up next to them and the people that stand up for them, and this is the next step in developing that work.

It is really important today that we don't get lost in some sort of legal minefield that those opposite are going to try to create. What we need to make sure we do is to remember what this bill is about. It is about making sure that victims of sexual harassment and unlawful discrimination have a pathway to justice and that they are not precluded from seeking that because of the way that our costs system works at the moment.