In September, the Queensland government passed new laws to protect workers from discrimination, vilification, sexual harassment, victimisation and other unlawful behaviours.
It is a move aimed at putting Queensland workers first, while strengthening and modernising the state’s Anti-Discrimination Act.
The legislation is particularly important to protect women in the workplace, who are largely subject to higher levels of sexual harassment. The new laws also put the onus on an employer to take reasonable steps to eliminate and prevent discrimination and sexual harassment in the workplace.
Key reforms include:
- A new prohibition of harassment on the basis of sex
- Updated definitions for discrimination
- A prohibition on subjecting another person to a work environment that is hostile on the basis of sex
- A positive duty on employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other unlawful conduct under the Anti-Discrimination Act 1991
- An aggravating sentencing factor where an adult offender has used violence against or caused physical harm to a person in their workplace. This includes sexual assaults that occur in the workplace
- The time limit for making a complaint to the Queensland Human Rights Commission about matters of harassment and discrimination will also be extended from one year to two years
Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath said that workplace discrimination is preventable and sexual harassment is never acceptable.
“Let me make it very clear, every employee has the right to go to work knowing it is a safe environment, free from sexual harassment.
“We are committed to a Queensland that is fair and inclusive, where no one receives unfair treatment due to their race, religion, gender, or sexual orientation.
“Queensland laws will now rightfully incorporate an appropriate range of protections for workers and ensure accessible mechanisms are in place to report this behaviour.
“In particular we have made sure that these changes incorporate relevant recommendations from the Australian Human Rights Commission’s Respect@Work Report, the Queensland Human Rights Commission’s Building Belonging Report and Legal Affairs and Safety Committee’s reports on vilification.
“Importantly, this legislation forms part of our commitment to eliminate attitudes that enable violence in our communities, helping to build a culture of equality, respect, and safety for all Queenslanders.
“We have also introduced an aggravating sentencing factor to ensure individuals who inflict violence against workers are held to account.
“By taking action in the workplace, we are also sending a message that violence and harassment have no place in Queensland.”
| If you are sexually harassed, discriminated or bullied at work, remember it is not your fault. You can consider several options – either on your own or with help from others. You can: – speak directly with the person responsible for the behaviour and ask them to stop, if you feel safe to do so – ask for help from your workplace’s local contact officer or your manager, HR or a trusted colleague – get help from a counselling service or helpline – get help from your organisation’s Employee Assistance Service – make a formal complaint using your organisation’s internal complaint process – get help from an independent organisation such as the Queensland Human Rights Commission, WorkCover, Queensland Police or Queensland Industrial Relations Commission |
:
