The Council would provide a coordinated mechanism for the existing policy and regulatory bodies with responsibility for sexual harassment to work together collaboratively. Importantly, by enabling cross-sector collaboration it would drive the effectiveness and efficiency of government operations. This would ultimately improve prevention of sexual harassment by employers and support an effective tailored response for workers and employers. Consistent with the multi-faceted and whole-of-community response outlined in this report, the Council would also draw upon the expertise of key stakeholders. International human rights obligations Australia’s domestic legal framework with respect to workplace sexual harassment must be understood in the context of Australia’s broader international obligations to prevent sexual harassment and other forms of gender-based violence and discrimination. Australia has ratified, and has therefore agreed to be bound by, a number of international treaties that recognise fundamental human rights relevant to workplace sexual harassment, including the right to: • live and work free from violence and harassment45 • freedom from discrimination46 • security of person47 • work48 • just and favourable conditions of work.49 Australia continues to strengthen its international commitments, with Australia voting in favour of the International Labour Organization (ILO) adopting a new Convention and accompanying Recommendation Concerning the Elimination of Violence and Harassment in the World of Work (ILO Convention 190) in June 2019.50 ILO Convention 190 broadly defines ‘worker’ and ‘workplace’ to capture the full range of traditional and non-traditional work arrangements and relationships, as well as the different workplace settings in which violence and harassment can be experienced. Sex Discrimination Act and state and territory anti-discrimination laws At the federal level, sexual harassment in the workplace and in other areas of public life is prohibited in the Sex Discrimination Act. The Sex Discrimination Act confers additional powers and functions on the Commission, including the power to conciliate sexual harassment complaints. It also establishes the office of the Sex Discrimination Commissioner. Throughout the Inquiry, the Commission heard that the Sex Discrimination Act could be amended to better achieve its objects and clarify its underlying purposes and foundational principles, in order to provide guidance to workers, workplaces, the community and courts. Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 27

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