SE CTION 5: THE LEGAL AND R EG U L A TOR Y F R A M EW O R K
Workplace Sexual Harassment Council
Recommendation 14: The Workplace Sexual Harassment Council, supported by a
permanent secretariat, be established immediately and funded by the Australian
Government. Its objective is to improve coordination, consistency and clarity across the
key legal and regulatory frameworks, to improve prevention and response to sexual
harassment.
The Council is to be chaired by the Sex Discrimination Commissioner and its core
membership include representatives from:
•
the Fair Work Commission and Fair Work Ombudsman
•
Safe Work Australia and the Heads of Workplace Safety Authorities
•
the Heads of Workers’ Compensation Authorities
•
the Australian Council of Human Rights Authorities.
The Council will also include associate members to provide expertise and advice on
specific issues or areas of work relating to sexual harassment. Associate members
include representatives across government, non-government, and independent
organisations, including employer and union representatives.
ILO Convention concerning the elimination of violence and harassment in the world
of work (ILO 190)
Recommendation 15: The Australian Government ratify ILO Convention 190.
Sex Discrimination Act
Objects, definitions and coverage
Recommendation 16: Amend the Sex Discrimination Act to ensure:
a. the objects include ‘to achieve substantive equality between women and men’
b. sex-based harassment is expressly prohibited
c. creating or facilitating an intimidating, hostile, humiliating or offensive
environment on the basis of sex is expressly prohibited
d. the definition of ‘workplace participant’ and ‘workplace’ covers all persons in
the world of work, including paid and unpaid workers, and those who are selfemployed
e. the current exemption of state public servants is removed.
Respect@Work:
Everyone’s
National business:
Inquiry into
National
SexualWorkplace
Harassment
Sexual
in Australian
Harassment
Workplaces
Inquiry • 2019
2020 • 43