The reforms directly address recommendations from the Australian Human Rights Commission's landmark Respect@Work inquiry, which revealed alarming rates of workplace sexual harassment. The inquiry found that one-third of all Australians who had been in the workforce in the preceding five years had experienced sexual harassment, highlighting the urgent need for stronger legal protections and enforcement mechanisms.

These changes significantly strengthen the Sex Discrimination Act 1984 by introducing several crucial new provisions. Most notably, the legislation now explicitly makes hostile workplace environments based on sex unlawful, recognising the harm caused by sexist workplace cultures. It also establishes a positive duty for employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation in workplaces—shifting from a complaints-based model to one that focuses on prevention.

Enhanced Powers and Protections

A key achievement of the legislation is the expansion of the Australian Human Rights Commission's powers. From December 2023, the Commission gained new compliance and enforcement functions, supported by $5.8 million in funding over four years and $1.8 million per year ongoing. These powers enable the Commission to:

• Conduct inquiries into employer compliance with the positive duty

• Issue compliance notices directing action against non-compliance

• Enter into enforceable undertakings with employers

• Apply to federal courts for orders directing compliance

• Investigate systemic discrimination across industries

The reforms have made several other significant improvements to Australia's anti-discrimination framework. The legislation lowers the threshold for sex-based harassment claims by removing the requirement that conduct be "seriously" demeaning, making it easier for victims to seek justice. It also extends the timeframe for lodging discrimination complaints from 6 to 24 months, recognising that victims often need time to process their experiences before coming forward.

Additionally, the Act empowers representative bodies such as unions and advocacy organisations to initiate legal proceedings on behalf of affected workers when complaints cannot be resolved through conciliation. The legislation also clarifies that victimising conduct can form the basis of a civil action for unlawful discrimination, providing additional avenues for redress.

Broader Workplace Protections

The Respect@Work reforms are complemented by changes to the Fair Work Act that strengthen protections for workers.

• Clarifying that sexual harassment is valid grounds for dismissal under Fair Work laws

• Enabling the Fair Work Commission to issue orders to stop sexual harassment

• Broadening the definition of workers protected from sexual harassment to include contractors, interns, volunteers and students

• Expanding compassionate leave entitlements to cover miscarriage

  
  

Together, these reforms create a more robust framework for preventing and addressing sexual harassment and discrimination in Australian workplaces, benefiting millions of workers and employers across the country.

• Created a positive duty for employers to prevent sexual harassment, shifting focus to prevention

• Extended the timeframe for lodging discrimination complaints from 6 to 24 months

• Empowered the Human Rights Commission with new enforcement powers and $5.8 million in funding

• Enabled representative bodies to pursue legal action on behalf of affected workers

• Lowered the threshold for sex-based harassment claims to improve access to justice

• Clarified that sexual harassment is valid grounds for dismissal under Fair Work laws

• Extended protections to contractors, volunteers, interns and students

  
  

[1] https://ministers.dewr.gov.au/dreyfus/respectwork-better-standard-all-australian-workplaces

[2] https://www.kwm.com/au/en/insights/latest-thinking/alps-commitment-to-respect-at-work-recommendations.html

[3] https://humanrights.gov.au/our-work/complaint-information-service/fact-sheet-respectwork-changes-sex-discrimination-act-1984-ahrc-act-1986-december-2022#:~:text=On%2012%20December%202022%2C%20the,Cth)%20(the%20AHRCA).

[4] https://www.minterellison.com/articles/respect-at-work-act-is-now-law

[5] https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6916