December 2021
Building a preventative culture
70 Safe Work Australia, How to Determine What Is Reasonably Practicable to Meet a Health and Safety Duty
(May 2013) 7.
71 Safe Work Australia, How to Determine What Is Reasonably Practicable to Meet a Health and Safety Duty
(May 2013) 2.
72 Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in Australian
Workplaces (2020) 542–543, 551.
73 Law Council of Australia, Submission 156, Free & Equal Inquiry, 129.
74 See <https://www.lawcouncil.asn.au/justice-project>.
75 Law Council of Australia, Submission 156, Free & Equal Inquiry, 130.
76 NSW Legal Aid, Submission 112, Free & Equal Inquiry, 19. See also Maurice Blackburn Lawyers, Submission
132, Free & Equal Inquiry, 8.
77 Australian Industry Group, Submission 167, Free & Equal Inquiry, 10.
78 Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 4.
79 Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 4.
80 Australian Human Rights Commission, Respect@Work: National Inquiry into Sexual Harassment in
Australian Workplaces (2020) 478. The Australian Chamber of Commerce and Industry (ACCI) submitted
to the Commission that the existing duty on employers to take all reasonable steps to prevent sexual
harassment in the workplace, as a defence to vicarious liability, coupled with the business case for
preventing sexual harassment, are sufficient incentives for employers to take robust action to prevent
workplace sexual harassment. Instead, ACCI supported better education and awareness of existing legal
obligations, as well as greater support for small and medium sized businesses: Australian Chamber of
Commerce and Industry, Submission 153, Free & Equal Inquiry.
81 Victoria Legal Aid, Submission 131, Free & Equal Inquiry, 10. See also Aimee Cooper, Submission 133, Free
& Equal Inquiry, 64.
82 Aimee Cooper, Submission 133, Free & Equal Inquiry, 12.
83 Aimee Cooper, Submission 133, Free & Equal Inquiry, 13.
84 NSW Legal Aid, Submission 112, Free & Equal Inquiry, 20. Australian Human Rights Commission, Respect@
Work: National Inquiry into Sexual Harassment in Australian Workplaces (2020) 474 cites, similarly, Law
Council of Australia, Submission 249, Sexual Harassment Inquiry, 37.
86
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