Commissioner’s Foreword
Since 2003, the Australian Human Rights
Commission has conducted four periodic
surveys on the national experience of
sexual harassment. Our most recent
survey conducted in 2018 showed
that sexual harassment in Australian
workplaces is widespread and pervasive.
One in three people experienced sexual
harassment at work in the past five years.2
Underpinning this aggregate figure is
an equally shocking reflection of the
gendered and intersectional nature of
workplace sexual harassment. As the 2018
National Survey revealed, almost two in
five women (39%) and just over one in
four men (26%) have experienced sexual
harassment in the workplace in the past
five years. Aboriginal and Torres Strait
Islander people were more likely to have
experienced workplace sexual harassment
than people who are non-Indigenous (53%
and 32% respectively).3
Sexual harassment is not a women’s
issue: it is a societal issue, which
every Australian, and every Australian
workplace, can contribute to addressing.
Workplace sexual harassment is not
inevitable. It is not acceptable. It is
preventable.
As Australia’s Sex Discrimination
Commissioner, I deliver this report with
a sense of urgency and hope.
10
I have been devastated by the experiences
of sexual harassment within workplaces
I have heard about through this Inquiry,
the harms suffered by victims and the
cost to the economy.4 However, I have
also been heartened by the whole-ofcommunity response to the National
Inquiry. Australia wants change.
The current legal and regulatory system
is simply no longer fit for purpose. In
this report, I have recommended a new
model that improves the coordination,
consistency and clarity between the antidiscrimination, employment and work
health and safety legislative schemes.
The new model is evidence-based, victimfocused and framed through a gender
and intersectional lens. It is also based
on existing legal frameworks to avoid
duplication, ambiguity and undue burden
on employers. Importantly, it recognises
the complementary and mutually
reinforcing nature of the three schemes,
while also recognising their distinctive
features.
I call on all employers to join me in
creating safe, gender-equal and inclusive
workplaces, no matter their industry
or size. This will require transparency,
accountability and leadership. It will
also require a shift from the current
reactive model, that requires complaints
from individuals, to a proactive model,
which will require positive actions from
employers.