Section 1: Introduction (iv) The legal and regulatory framework Towards a new regulatory model Currently, the key areas of legislation relating to sexual harassment in the workplace are the Sex Discrimination Act, state and territory anti-discrimination laws, the Fair Work Act 2009 (Cth) (Fair Work Act), state workplace relations laws, and work, health and safety (WHS) laws. WHS laws are based on the Model Work Health and Safety Act in all states and territories, except in Victoria and Western Australia which have their own WHS schemes. A consistent theme that emerged from submissions and consultations was that the interaction between the schemes is complex and confusing for workers and employers to navigate. As each of the schemes offers specific and differing benefits to victims, the Commission has identified the benefits of each scheme and how to: • maximise and improve existing legislative frameworks • leverage, rather than duplicate, the expertise of existing regulators, in line with the Australian Government’s Deregulation Agenda. The new regulatory model that the Commission recommends recognises that the right of workers to be free from sexual harassment is a human right, a workplace right and a safety right. As the Sex Discrimination Act will continue to be the primary framework for addressing sexual harassment within a human rights context, stronger obligations under the Sex Discrimination Act are an important part of the new model. Another key feature of the proposed new regulatory model is the establishment of a Workplace Sexual Harassment Council (Council). The Council would be chaired by the Sex Discrimination Commissioner and funded by the Australian Government. The Commission would provide a key leadership, advisory and educative role in the Council to ensure that sexual harassment continues to be understood within a human rights framework. In addition to the Sex Discrimination Commissioner, the Council’s core membership would comprise representatives from the Fair Work Ombudsman, the Fair Work Commission, Safe Work Australia, the Heads of Workplace Safety Authorities, the Heads of Workers’ Compensation Authorities and the Australian Council of Human Rights Authorities. The Council would also include associate members to provide expertise and advice on specific issues or areas of work relating to sexual harassment. Associate members would include representatives across government, non-government, and independent organisations, including employer and union representatives. The associate members would provide the Council with subject matter expertise and advice on specific issues or areas of work. 26