Section 1: Introduction Accordingly, the Commission recommends changes to the Sex Discrimination Act that ensure: • the objects include achieving substantive equality • the definitions of ‘workplace participant’ and ‘workplace’ cover all people in the world of work, including those who are paid, unpaid and self-employed • that public servants are covered • sex-based harassment is expressly prohibited • creating or facilitating an intimidating, hostile, humiliating or offensive environment on the basis of sex is expressly prohibited. The Commission frequently heard that the lack of a positive duty in the Sex Discrimination Act to prevent workplace sexual harassment means that employers place a higher priority on compliance with employment law and work health and safety laws than discrimination law. This also places a heavy onus on individuals to complain. For this reason, the Commission recommends that the Sex Discrimination Act is amended to include a positive duty requiring employers, with the possible exception of micro-businesses, to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible. 28 To support the implementation of this recommendation, the Commission also recommends that the Sex Discrimination Act is amended to provide it with accompanying enforcement powers to assess compliance with the positive duty. As is evident throughout this report, sexual harassment has specific systemic and cultural drivers. Addressing these is key to primary prevention efforts. To facilitate this, the Commission recommends that the Australian Human Rights Act is amended to provide the Commission with an enhanced inquiry function to enable it to inquire into systemic unlawful discrimination, including systemic sexual harassment. In line with the objective of promoting consistency and clarity within the Sex Discrimination Act, the Commission recommends that liability for sexual harassment be extended to those who aid or permit another person to sexually harass a person. Similarly, there is a need to clarify that the Federal Court and the Federal Circuit Court have jurisdiction to hear an application under the Sex Discrimination Act alleging victimisation as a civil cause of action. There is no specific timeframe in which a complaint must be lodged with the Commission. However, the President of the Commission has the discretion to terminate a complaint lodged more than six months after the alleged unlawful discrimination took place.51

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