On Monday 28 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 was passed.
The Bill inserts a provision in the Sex Discrimination Act 1984 (Cth) which imposes a positive duty on employers and persons conducting a business or undertaking (“PCBU”) to take all reasonable steps to prevent conduct that constitutes sex discrimination, sexual harassment, subjecting a person to a hostile workplace environment, or victimisation. Importantly, the actions of employers, employees and agents will be covered by this positive duty.
Historically there has been a focus on responding and addressing conduct however the changes will now put a spotlight on prevention. Employers will need to take reasonable and proportionate measures to eliminate unlawful sex discrimination, including sexual harassment in so far as possible. This may include implementing or strengthening policies and procedures, providing regular training and education, and improving workplace awareness. What is reasonable and proportionate will vary between businesses.
The Bill also inserts a new provision in the Sex Discrimination Act 1984 (Cth) which prevents conduct that would subject an employee to a workplace that is hostile on the grounds of sex. What is a hostile workplace? In order to determine this, there will be a reasonable person test which will require a reasonable person to have anticipated the possibility of the conduct being offensive, intimidating or humiliating to another person by reason of their sex, or characteristics that generally appertain to persons of their sex.
Employers need to act now to ensure their employment documentation is compliant with these new obligations. The South Australian Business Chamber has a team of Industrial Relations and WHS experts who can help ensure you are compliant with these changes.
Find out more about the changes and what you need to do to be compliant by contacting our Business Advice Hotline on (08) 8300 0000 (select option 1)
