Since the early 1970s, women’s
organisations have pushed for legal and
social recognition of sex discrimination.
While prohibiting sexual harassment
is unremarkable today, the political
landscape surrounding the introduction of
the Sex Discrimination Act was, according
to the Hon Susan Ryan AO—the then
Minister Assisting the Prime Minister on
the Status of Women—’explosive’.15
When Australia ratified the Convention on
the Elimination of All Forms of Discrimination
Against Women (CEDAW) in 1983, there was
sustained and vociferous opposition from
powerful sectors in the community.16 By
the time the Sex Discrimination Act was
introduced, Parliament was inundated
with petitions and protests opposing the
reform, arguing that it ‘would bring about
the end of the family, ruin the economy,
undermine the male labour force, and
destroy Christianity and the Australian way
of life’.17
Despite this opposition, the Sex
Discrimination Act became law in 1984.
Yet it would take time for it to gain broader
social, political and institutional support.
One of the earliest cases of sexual
harassment brought under the Sex
Discrimination Act demonstrated this
tension.18 The 1988 Human Rights
and Equal Opportunity Commission
decision in Hall, Oliver & Reid v Sheiban,19
recognised that ‘rampant discrimination
in employment has been practised
against women for generations’ and
that ‘unsought and unwelcomed sexual
suggestions or impositions … invade
the dignity of the women involved and
discriminate against them’.20
However, the Commission ultimately
found that while the women had
experienced sexual harassment, no
damages should be awarded because the
conduct had not been repeated or faced
resistance or disapproval and was likely to
only cause ‘temporary aggravation’.21
The public outcry was swift in response to
this decision, and an appeal to the Federal
Court was successful.22 Social, political
and institutional progress has continued
until today. Yet, as this Inquiry has shown,
more work is needed to fully understand
and address the far-reaching harms and
impacts of workplace sexual harassment.
The Sex Discrimination Act established
the independent statutory office of the
Sex Discrimination Commissioner23
and conferred additional powers and
functions on the Commission.24 The
advocacy by successive Sex Discrimination
Commissioners and the enduring work of
the Commission have shown that the Sex
Discrimination Act has been a practical
and proportionate measure to achieve
legal and social recognition of sexual
harassment and drive gender equality
more broadly.
The Sex Discrimination Act has been
strengthened since 1984 through a
number of amendments. For example,
amendments in 2011 to prohibit
sexual harassment through the use
of technologies ensured the Sex
Discrimination Act was modernised to
account for the ubiquity of new and
emerging technologies.25 The 2011
amendments also provided protection for
the first time against sexual harassment
by customers.26
Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 71