In consultations and submissions, the Commission heard that Australia’s defamation laws discourage sexual harassment victims from making a complaint. Further, the Commission heard about cases where the privacy and confidentiality of alleged victims of sexual harassment was breached, with no legal recourse. This included cases where private complaints had been made public by the media or others, sometimes even prior to the victim making any formal complaint. In November 2019, the Council of Attorneys-General Review of the Model Defamation Laws (CAG Review) released the draft Model Defamation Amendment Provisions 2020 (Draft Defamation Amendments). The Commission encourages the CAG Review to consider the operation of the Model Laws, as proposed to be amended by the Draft Defamation Amendments, as they relate to workplace sexual harassment matters. The Commission also heard concerns about the lack of protection for alleged victims of sexual harassment where they are witnesses in defamation or other civil proceedings, and their sexual harassment allegations are raised in circumstances where they have not made a formal complaint or given permission for this to be made public.60 The Commission recommends that consideration be given to introducing protections for witnesses in this situation. Such measures could include a standard direction or presumption in favour of suppression of witness details in defamation proceedings, where the defamatory material includes allegations of sexual harassment.61 Drawing upon developments in criminal law matters aimed at minimising the re-traumatisation of victims, consideration should also be given to providing witnesses with a broader range of additional safeguards. Other legal and regulatory responses While the Inquiry has focused on antidiscrimination, employment and WHS law, to provide a broader picture of the complex and intersecting legal and regulatory issues relating to workplace sexual harassment, the Commission has considered other general civil and criminal laws and regulatory responses that may also be relevant. The Commission was also told about police and judicial responses in workplace sexual harassment matters which lacked sensitivity and understanding. The Commission heard the devastating accounts of victims who had been retraumatised through their interaction with the legal system. Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 33