(b) Prevalence studies (vi) Aboriginal and Torres Strait Islander social justice • The over-representation of Aboriginal and Torres Strait Islander peoples and persons with a disability in criminal justice processes • National representative mechanisms for Aboriginal and Torres Strait Islander peoples • Measures to close the gap in Aboriginal and Torres Strait Islander disadvantage • Elevating the voices of Aboriginal and Torres Strait Islander women and girls • Reform to native title, land rights and heritage protection laws (vi) Human Rights • Instituting adequate protections and oversight mechanisms for cruel, inhuman and degrading treatment in institutional settings (including through OPCAT implementation) • Conditions of detention in immigration detention in Australia and offshore, including the treatment of children • The challenges to freedom of religion in Australia, and the need for protection against discrimination on this basis • Disproportionate limitations on people’s freedoms through national security laws • Restrictions on freedom of speech and press freedom • The need for reform to address the implications of new technologies on human rights, particularly artificial intelligence-based decision making, the use of facial recognition technologies and issues of accessibility of technology to the general community The Commission also periodically conducts prevalence research on issues of major concern. (i) Sexual harassment In 2022, the Commission conducted the fifth national survey to investigate the prevalence, nature and reporting of sexual harassment in Australian workplaces. For the first time, the survey also asked about workers’ views on the actions taken by their employers to address workplace sexual harassment. The report, Time for Respect, was released in November 2022.40 The survey provides vital information about the scale of workplace sexual harassment and the need for prevention and response initiatives. The survey was conducted with over 10,000 people aged 15 years or over, using a sample that is representative of the Australian population in terms of gender, age and geographic location. The Commission conducted and reported on similar sexual harassment surveys in 2003, 2008, 2012 and 2018. The 2018 prevalence study was conducted in conjunction with the Respect@Work national inquiry into sexual harassment. The Commission also conducted prevalence studies on sexual harassment in particular settings: in the retail sector, and universities. (ii) Age discrimination in the workplace In 2015, the Commission released its first report on the national prevalence survey of age discrimination in the workplace.41 The objectives of this survey were to quantify the prevalence, nature and impact of workplace age discrimination amongst those aged 50 years and older. The results showed that over a quarter of Australians aged 50 years and over reported that they had experienced some form of age discrimination in the previous 2 years. When managers were asked if they factored age into their decision making, a third responded that they did. 42 FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights

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