The Commission heard that the six-month timeframe associated with this discretion fails to recognise the complex reasons why a victim may delay making a sexual harassment complaint immediately following the alleged incident. The Commission recommends this timeframe for exercising the discretion to terminate be extended to 24 months. Similarly, following feedback and analysis, the Commission considers that unions and other representative groups should be able to bring representative claims to court, consistent with the existing provisions in the Australian Human Rights Commission Act that allow unions and other representative groups to bring a representative complaint to the Commission. The Commission also heard that the damages awarded by courts in sexual harassment matters were low, especially when compared with other causes of action such as defamation. Given the complexity and importance of this area, the Commission recommends that further research be conducted on the award of damages in sexual harassment matters. This research should focus on whether current damages reflect contemporary understandings of the nature, drivers, harms and impacts of sexual harassment, and be used to inform judicial education and training. Consistent with its objective of promoting consistency between the main legislative schemes, the Commission recommends that a cost protection provision, consistent with the Fair Work Act, be introduced into the Australian Human Rights Commission Act. To further support consistency, the Commission recommends that the Australian Government work with state and territory governments, through COAG or another appropriate forum, to amend their human rights and anti-discrimination legislation with the objective of achieving consistency, where possible, with the Sex Discrimination Act. Consistency should be achieved without limiting or reducing protections. Finally, a recurring theme that arose throughout the Inquiry was that, for many victims, this was the first time they had told anyone about their experiences. Given the profound and often devastating impacts on people affected by workplace sexual harassment, the Commission heard that the Inquiry process allowed people to feel listened to and to have their experiences acknowledged. As demonstrated by other inquiries and restorative engagement processes, there is a healing power for victims in having their experiences heard, outside of formal complaint-handling processes, in a safe and supportive environment. Further, the Commission heard that the risk of a costs order acts as a disincentive to pursuing sexual harassment matters in the federal jurisdiction. Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 29

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