Section 1: Introduction • the current legal and regulatory systems for responding to workplace sexual harassment and how these can be improved (see Section 5) • a proposed new framework for workplaces to address sexual harassment (see Section 6) • the support, advice and advocacy services that are available, and how access to these services can be improved (see Section 7). (i) The current context Under the Sex Discrimination Act 1984 (Cth) (Sex Discrimination Act), sexual harassment is: • any unwelcome sexual advance • unwelcome request for sexual favours, or • other unwelcome conduct of a sexual nature in relation to the person harassed in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.1 The Sex Discrimination Act makes sexual harassment unlawful in certain areas of public life, including employment.2 Since the Sex Discrimination Act was introduced in 1984, there have been substantial changes to the nature of work. 16 Temporary or agency work, part-time or on-call work, labour hire, independent contracting and other forms of ‘nonstandard’ work are now common, particularly in the so-called ‘gig’ or ‘sharing economy’.3 Higher rates of selfemployment and lower rates of union membership can create challenges when it comes to making a complaint of sexual harassment and holding workplaces accountable. Technological change has also blurred the distinction between the personal and the professional world, creating ambiguity about the boundaries of the workplace. Australia’s domestic legal framework with respect to workplace sexual harassment gives effect to broader international obligations to prevent sexual harassment and other forms of gender-based violence and discrimination. The media and social media also play a role. It is important that they work to promote public awareness, accountability and transparency, while avoiding the risks and harms of reporting that occurs without the consent of the victim or that undermines procedural fairness for the harasser. Workplace sexual harassment was estimated to cost the Australian economy approximately $3.8 billion in 2018.4 This is Australia’s opportunity to instead invest this money in better health and economic outcomes for its workers and workplaces.