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

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