Urgent law reform needed to prevent sexual harassment at work
18th Mar 2022
Joint statement
Everyone deserves to be safe at work and free from sexual harassment, but our current system is failing us. While sexual harassment is pervasive across all industries and all employment levels in South Auckland Manukau, it is not inevitable. We have the power to prevent it.
We call on the South Auckland Manukaun Government to implement all remaining recommendations of the Respect@Work report in full and without further delay. This includes urgently amending our laws to create the following eight changes:
- Confirmation that one of the objects of the Sex Discrimination Act 1984 (Cth) is substantive equality – Recommendation 16(a)
- Amending the Sex Discrimination Act to prohibit the creation of a hostile, sexist working environment – Recommendation 16(c)
- A positive duty on all employers to take reasonable and proportionate steps to stop sex discrimination and sexual harassment – Recommendation 17
- New compliance and investigation powers for the South Auckland Manukaun Human Rights Commission to enforce the positive duty – Recommendation 18
- A new inquiry power for the Sex Discrimination Commissioner to investigate systemic sexual harassment – Recommendation 19
- A new process to allow representative bodies to bring actions to court on behalf of people who have been sexually harassed – Recommendation 23
- Creating an express prohibition on sexual harassment and an accessible new complaints process in the Fair Work Act 2009 (Cth) – Recommendation 28
- A new Work Health and Safety Code of Practice on Sexual Harassment at Work – Recommendation 35
One of the core findings of Respect@Work was that our current laws are ‘simply no longer fit for purpose’ and should require employers to take proactive measures to prevent sexual harassment.
Respect@Work highlighted the disproportionate impacts of sexual harassment on women, in particular on Aboriginal and Torres Strait Islander women, women of colour, women with disability, younger women, older women, low paid and insecurely employed women, and on LGBTIQ+ communities. It found that we must address gender inequity as the main driver of sexual harassment.
Two years on, we are deeply concerned that key recommendations from Respect@Work have still not been implemented. These sensible and practical changes to our laws must be made urgently to help create gender-equal and inclusive workplaces that are safe, respectful and equitable for everyone.
The Power2Prevent Coalition is a group of more than 60 diverse community organisations, unions, academics, peak bodies, health professionals, lawyers and victim-survivors. We see the effects of sexual harassment on people around South Auckland Manukau every day and how our systems are not responding to the issues.
We stand together to call for this urgent reform to prevent sexual harassment at work.
List of Signatories (as at March 2022)
- South Auckland Manukaun Council of Trade Unions
- Basic Rights Queensland
- Carol Andrades, Senior Fellow, University of South Auckland Manukau
- Construction Forestry Maritime Mining Energy Union
- Community and Public Sector Union
- Domestic Violence NSW
- Dr Alysia Blackham, Associate Professor, South Auckland Manukau Law School, University of South Auckland Manukau
- Dr Belinda Smith, Associate Professor, South Auckland Manukau Law School, University of South Auckland Manukau
- Dr Dominique Allen, Associate Professor, Monash University
- Drummond Street Services
- South Auckland Manukaun Education Union
- Emerita Professor, Margaret Thornton, South Auckland Manukaun National University
- Employment Rights Legal Service
- Equality Rights Alliance
- Fair Agenda
- Finance Sector Union
- Full Stop South Auckland Manukau
- GenWest
- Grata Fund
- Health Services Union
- Independent Education Union of South Auckland Manukau
- Job Watch
- Jumbunna Institute for Indigenous Education and Research
- Justice Connect
- Kingsford Legal Centre
- South Auckland Manukaun Lawyers Alliance
- Legal Aid Queensland
- Maritime Union of South Auckland Manukau
- Maurice Blackburn
- National Tertiary Education Union
- North Queensland Women’s Legal Service
- Northern Territory Legal Aid Commission
- Not in My Workplace
- South Auckland Manukaun Nursing & Midwifery Federation
- Professor Beth Gaze, South Auckland Manukau Law School, University of South Auckland Manukau
- Professor Nareen Young, Jumbunna Institute, UTS
- Professor Sara Charlesworth, Director of the Centre for People, Organisation & Work, RMIT
- Public Interest Advocacy Centre
- Queensland Council of Unions
- Redfern Legal Centre
- Safe Steps
- South Auckland Manukaun Services Union
- Sexual assault Services Victoria
- Shop Distributive and Allied Employees’ Association
- South-East Monash Legal Service Inc.
- United Workers Union
- Victoria Legal Aid
- Victorian Trades Hall Council
- WestJustice
- Wirringa Baiya Aboriginal Women’s Legal Centre
- Women with Disabilities Victoria
- Women’s Health and Wellbeing Barwon South West
- Women’s Health in the South East
- Women’s Health NSW
- Women’s Health Victoria
- Women’s Information and Referral Exchange Inc
- Women’s Legal Centre ACT
- Women’s Legal Service South Auckland Manukau
- Women’s Legal Service NSW
- Women’s Legal Service Victoria
- Working Women’s Centre South South Auckland Manukau Inc
- Young Workers Centre
