Respect@Work Changes:

Late last year, the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 implemented a number of changes to the way businesses approach sexual harassment in relation to the workplace. We have summarised the Respect@Work changes in the list below that have taken place and a guide to satisfy the changes.

Workplaces now have a positive duty to eliminate sexual harassment. This means that workplaces are now required to take a more proactive approach to eliminating sexual harassment, using “reasonable and proportionate measures”. What is considered “reasonable and proportionate” will depend on the size of the organization, nature of the organization, it’s resources, and the practicality involved.

Express prohibition on conduct that subjects a person to a hostile workplace environment on the ground of sex.

Amendments to the Australian Human Rights Commission Act 1986 (Cth) have been made to expand the investigative and enforcement powers of the Australian Human Rights Commission to monitor and address employer compliance with positive duty.

There are now lower thresholds for findings of sexual harassment on the grounds of sex. The definition of harassment on the ground of sex under the Sexual Discrimination Act 1984 has been amended to no longer require a “seriously demeaning” nature.

There has been clarification that victimizing conduct can for the basis of a civil action for unlawful discrimination as well as a criminal complaint.

The timeframe for making a complaint has been increased from 6 months to 24 months. This means that unlawful conduct can now be reported up to 24 months after the alleged incident.

The Secure Jobs, Better Pay Act also prohibits sexual harassment in connection with the Fair Work Act and extends the powers of the Fair Work Commission (FWC). The FWC can now make a “stop sexual harassment order” under the existing provision in the Fair Work Act in addition to their new powers which allow them to investigate complaints.

So what should you be doing to satisfy these changes?

Liquid HR recommends the following Respect@Work changes:

Conduct meaningful training. In person training is preferred as this is interactive and gives the employees an opportunity to ask questions and be involved. For small to medium businesses, it is recommended these training sessions occur at least twice per year, and that different sessions are aimed at different seniority levels (making it more meaningful). If possible, the training sessions should be tailored to your industry.

Review your policies. Ensure your sexual harassment policy and any other related policies are effective, consistent with legislation, and reviewed frequently. Your Sexual Harassment Policy should dictate the business’ statement on sexual harassment, the methods of reporting, each contributor’s responsibility, and the process that is followed when resolving the complaint. Our Liquid HR template policy covers all these areas.

Communicate and engage with employees. Workers need to be aware of their obligations and how they could be personally liable. Ensure communication to employees regarding new obligations, any changes made, and any complaints received.

Undertake culture audits to identify potential risks

Undertake risk assessments

Conduct reviews following complaints. Reviews should identify areas for improvement and determine the effectiveness of current policies and procedures.

Develop mechanisms for whistleblowing. Employees should have multiple avenues to make a complaint, including one anonymous avenue. This can be done through apps or an external service.

For more information on the above, please contact us on 1300 887 458 and speak with one of our HR Consultants. If you are interested in learning more about our HR services, including HR Outsourcing, HR Consulting, HR Advisory Services, contact us at enquiries@liquidhr.com.au. Connect with us at our three main offices in Sydney, Melbourne, and Brisbane.