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