Read The Times Australia

Daily Bulletin

The government's 'roadmap' for dealing with sexual harassment falls short. What we need is radical change

  • Written by: Emma Golledge, Director, Kingsford Legal Centre; Senior Lecturer, UNSW Law, UNSW

Over a year ago, Kate Jenkins, the Sex Discrimination Commissioner, publicly released the Respect@Work report, a landmark national inquiry into sexual harassment in workplaces by the Australian Human Rights Commission.

Jenkins found the prevalence of sexual harassment in Australia to be “endemic”, conservatively estimating the cost to the economy at $3.5 billion dollars per year. The report also documented the long-term health and well-being implications for people (predominantly women) who experience such harassment, and made 55 recommendations to comprehensively reform how Australia responds to and prevents sexual harassment.

Fast forward a year and there has been no meaningful reform, despite a groundswell of public concern and increasing numbers of women speaking out about the sexual harassment they have experienced at their workplaces.

On March 15, as part of the March 4 Justice, a petition of more than 90,000 signatures was delivered to Canberra politicians. A key demand was that the government fully implement the 55 recommendations in the Respect@Work Report.

The government's 'roadmap' for dealing with sexual harassment falls short. What we need is radical change Protesters at the March 4 Justice rallies were demanding gender equality and an end to gendered violence and sexual harassment. James Ross/AAP

Light on detail: the government’s response

Following intense public pressure, the Morrison government has finally responded to the report with a plan entitled, “A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces”.

The roadmap recognises the importance of a preventative approach to stop sexual harassment before it occurs. It also expresses agreement (either in full, in part or in principle) or “notes” the recommendations in the Respect@Work report.

Read more: Friday essay: Sex, power and anger — a history of feminist protests in Australia

This, however, falls significantly short of a commitment to fully implement all 55 recommendations put forth by Jenkins. For the roadmap to respond effectively to her damning findings, it must deliver radical change to ensure workplace equality in reality.

That said, there is no doubt the groundswell of public condemnation of sexual harassment has meaningfully shaped the government’s response.

Positive measures announced include:

  • extending the time limit for making a sexual harassment complaint to the Australian Human Rights Commission from six months to 24 months

  • clarifying that sexual harassment is a form of serious misconduct that can warrant immediate dismissal

  • closing the loophole that exempts parliamentarians and judges from being held accountable for sexual harassment complaints under the Sex Discrimination Act.

All these changes are welcome and, in fact, long overdue. Other aspects of the roadmap will require scrutiny, as further details emerge.

The government's 'roadmap' for dealing with sexual harassment falls short. What we need is radical change Kate Jenkins handed her report to the Morrison government over 14 months ago. Mick Tsikas/AAP

A key hope was the government would strengthen the legal obligations on employers to prevent sexual harassment — known as “positive obligations”. However, the roadmap indicates the government believes this duty already exists in work health and safety laws.

Given Jenkins’ finding of “endemic” sexual harassment in Australian workplaces, this approach has clearly not worked. Furthermore, work health and safety laws are complex and unlikely to be an entirely appropriate approach for dealing with sexual harassment matters.

We should remain mindful of the needs of people who have experienced this type of harassment to have a voice in the process, to tell their story and to receive a just outcome. Given the size of the challenge ahead of us, we should look to strengthen the Sex Discrimination Act with a positive duty on employers to prevent this type of behaviour.

Read more: Sexual harassment at work isn't just discrimination. It needs to be treated as a health and safety issue

This would help create the cultural change Australia needs and bring greater scrutiny of workplaces with significant sexual harassment problems. It would also give important oversight to the AHRC as the expert body.

We also need to watch and ensure the recommendations are followed with increased budgetary support at all ends of the spectrum. This includes everything from the important preventative education work with young people that Jenkins found works, to strengthening the supports available to people who need help when they experience sexual harassment.

The AHRC should be properly empowered to take on the mammoth task of seeing this challenge through to the end.

Further work to be done

There is no doubt that without the bravery of the people who have brought complaints of sexual harassment (usually at a high personal cost), or who spoke to Jenkins or spoke out publicly in recent months, we would not have seen such a recognition by the government about the scale and size of the problem.

In order to fully transform the way in which Australia deals with sexual harassment, the government must consider greater reform in terms of the role confidentiality agreements have in legally silencing people who bring sexual harassment complaints.

People brave enough to bring formal legal complaints of harassment are most often asked to sign a confidentiality agreement in settlement of their cases. These agreements usually prevent them from speaking about what they experienced and can mean serial sexual harassment continues unabated.

They also reflect the power imbalance in sexual harassment cases, with harassers or employers almost always insisting on confidentiality. This means we don’t know which workplaces have sexual harassment problems.

Read more: Politicians need expert help to change culture of sexual violence and impunity. We don't need yet another review to tell us that

Australia should consider following a growing number of US jurisdictions in introducing legislation that only permits confidentiality clauses in sexual harassment settlements when requested by the person who has experienced the harassment.

We need to use the power of the law to change this legally sanctioned silence. This is a powerful way we can work to end the culture of silence and shame around sexual harassment, so anyone who experiences it can feel supported and empowered enough to call it out, whoever the harasser is.

We need to remember Jenkins found that sexual harassment was not inevitable — and was preventable. The way we respond now will determine whether this remains a widespread experience into the future.

Authors: Emma Golledge, Director, Kingsford Legal Centre; Senior Lecturer, UNSW Law, UNSW

Read more https://theconversation.com/the-governments-roadmap-for-dealing-with-sexual-harassment-falls-short-what-we-need-is-radical-change-158431

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...