On 28th November 2022, the Australian Government passed the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022. This implemented a further 7 of the Respect@Work report’s 55 recommendations aimed at combatting workplace sexual harassment and other forms of sex-based discrimination.

A Bill passed by the Australian Parliament does not become an Act until it is formally accepted by the Governor-General. This particular process for making laws is referred to as Royal Assent. The Respect@Work Act was officially passed by Parliament on 12 December 2022 Royal Assent was given.

These new legislative updates mean that all employers have an active duty to prevent sexual harassment, sexual discrimination, and victimisation from occurring in the workplace. Furthermore, employers must show that they have implemented preventative measures by December 2023 in compliance with the new legislation.

Non compliant employers who violate the Respect@Work Act can face liability for workplace incidents involving harassment or discrimination, resulting in financial penalties and potential damages. In order to ensure adherence to the Act, the Australian Human Rights Commission holds significant authority. They actively monitor and assess compliance with the legislation, investigate cases of systemic unlawful discrimination, and can issue compliance notices to promote the adoption of necessary measures.

As a result of these changes, employers are now facing significantly different expectations regarding their levels of accountability and compliance.  Simply going through the motions of ticking checkboxes, like conducting annual training or implementing policies that go unread, will not suffice. Safetrac has written a comprehensive White Paper which serves as a valuable resource, providing in-depth insights and practical guidance on various aspects crucial for organisational readiness.