Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work)

Current status

This bill became law on Dec 12th, 2022.

Policy area

Law, justice & rights

What does this bill do?

Australian workplaces can now break federal sex discrimination law if someone creates a workplace culture that is hostile to people because of their sex.

Why was it introduced?

The Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. inquiry exposed that federal law still left hostile, sexist workplace cultures and some harassment risks outside clear legal duties. This bill expands sex discrimination law, requires employers to take reasonable preventive steps, and lets the Human Rights Commission and representative bodiesCourt cases run by a union or other body on behalf of affected people when the complaint was not resolved at the commission stage. enforce those protections.

Broader context

After federal sex discrimination law had banned some misconduct but still left hostile, sexist workplace cultures and some harassment risks outside clear legal duties, the 2020 Respect@Work reportThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. found workplace sexual harassment was widespread and set out a path for reform. The Albanese government introduced this bill in September 2022 to implement the remaining legislative recommendations by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. to prevent misconduct and strengthening enforcement, and Parliament passed it in November before Royal AssentThe step that turned the bill into an Act and made the new rules law. in December 2022.

Key criticism

The main criticism was that parts of the bill were too broad or awkwardly drafted, risking overlap with existing workplace laws, extra compliance complexity for business, and unfair court-cost consequences for some harassment victims. These concerns were raised mostly by Coalition speakers seeking amendments and by a small number of crossbench supporters, while no party represented in the debate opposed the bill outright.

Who supported it?

Mark Dreyfus MP introduced this bill. It passed on the voices.

Introduced in House 27 Sept 2022
Passed House 07 Nov 2022
Passed Senate 25 Nov 2022
Became law 12 Dec 2022

Did it become law?

Yes

Became law 12 Dec 2022

Final passage

Passed without a counted vote

7 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.

Passage speed

76 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Australian workplaces can now break federal sex discrimination law if someone creates a workplace culture that is hostile to people because of their sex.

  2. Employers and businesses must now take reasonable steps to prevent sex discrimination, sexual harassment, hostile workplace conduct and related victimisation before problems happen.

  3. The Australian Human Rights CommissionThe national rights watchdog that can now check whether employers are meeting the new prevention duty and take action if they are not. can investigate whether an employer or business is meeting that prevention duty and can take enforcement action if needed.

  4. Representative bodiesCourt cases run by a union or other body on behalf of affected people when the complaint was not resolved at the commission stage. such as unions can now keep leading discrimination matters into federal courtThe federal court where unresolved discrimination matters can continue after a complaint is terminated. for affected people if a complaint is not resolved earlier.

  5. The law requires an independent review of these changes, including whether the Australian Human Rights CommissionThe national rights watchdog that can now check whether employers are meeting the new prevention duty and take action if they are not. has enough capacity for its new prevention role.

Show source excerpts
  1. (1) It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex.
    Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 final Act text
  2. The Bill would insert a new provision in the SD Act to introduce a positive duty on all employers and PCBUs to take ‘reasonable and proportionate measures’ to eliminate unlawful sex discrimination, including sexual harassment, as far as possible. These amendments would implement recommendation 17 of the Respect@Work Report.
    Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) explanatory memorandum
  3. The AHRC Act would be amended to enable the Commission to monitor and assess compliance with the positive duty in the SD Act. The Bill would confer a number of education and capacity-building functions on the Commission to ensure that employers and PCBUs are supported to meet their obligations and achieve compliance with the positive duty. The Bill would also confer functions on the Commission to enforce compliance with the positive duty when necessary, including options to conduct inquiries, issue compliance notices, apply to the federal courts for an order to direct compliance with the compliance notice, and enter into enforceable undertakings.
    Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) explanatory memorandum
  4. The Bill would remove the existing procedural barriers by ensuring that a representative body that has lodged a complaint on behalf of one or more affected persons in the Commission (a representative complaint) is able to make an application to the federal courts under section 46PO of the AHRC Act if the representative complaint is terminated. This would enable representative bodies to continue to lead a representative complaint from the Commission in the federal courts.
    Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) explanatory memorandum
  5. (b) the Australian Human Rights Commission has capacity to carry out the functions relating to compliance with the positive duty in relation to sex discrimination in Division 4A of Part II of the Australian Human Rights Commission Act 1986, as inserted by Part 2 of Schedule 2 to this Act.
    Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 final Act text

Broader context for this bill

After federal sex discrimination law had banned some misconduct but still left hostile, sexist workplace cultures and some harassment risks outside clear legal duties, the 2020 Respect@Work reportThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. found workplace sexual harassment was widespread and set out a path for reform. The Albanese government introduced this bill in September 2022 to implement the remaining legislative recommendations by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. to prevent misconduct and strengthening enforcement, and Parliament passed it in November before Royal AssentThe step that turned the bill into an Act and made the new rules law. in December 2022.

  1. 2020

    Respect@Work reportThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. finds sexual harassment is widespread at work

    The national inquiry report found workplace sexual harassment was prevalent across Australian workplaces and set out recommendations for legislative reform.

    Hansard ↗
  2. 27 Sept 2022

    Government introduces the Respect at Work bill

    The Attorney-General introduced the bill as part of the government's commitment to implement the remaining Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations in federal law.

    Hansard ↗
  3. 28 Nov 2022

    Parliament passes the bill

    Both houses agreed on the same text, clearing the way for new duties on employers and stronger Australian Human Rights CommissionThe national rights watchdog that can now check whether employers are meeting the new prevention duty and take action if they are not. enforcement powers.

    Parliamentary timeline ↗
  4. 12 Dec 2022

    Respect at Work changes become law

    Royal AssentThe step that turned the bill into an Act and made the new rules law. turned the bill into an Act, locking the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. reforms into federal anti-discrimination law.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 27 Sept 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 Sept 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Legal and Constitutional Affairs Legislation Committee; Committee report (03/11/2022) review 28 Sept 2022

Referred to Committee (28/09/2022): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (03/11/2022)

Referred to committee

APH bill page notes
Second reading debate 25 Oct 2022

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 25 Oct 2022

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second reading debate 27 Oct 2022

The bill reached this recorded parliamentary step.

Returned from Federation Chamber 07 Nov 2022

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

Second reading debate 07 Nov 2022

The bill reached this recorded parliamentary step.

House second reading agreed 07 Nov 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House agreed to amendment packages 07 Nov 2022

The chamber considered amendments before the bill moved to the next stage.

Consideration in detail debate

House third reading agreed 07 Nov 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.

Third reading agreed to

Introduced 21 Nov 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 21 Nov 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 25 Nov 2022

The bill reached this recorded parliamentary step.

Senate second reading agreed 25 Nov 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate agreed to amendment packages 25 Nov 2022

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed 25 Nov 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Message from Senate reported 28 Nov 2022

The bill reached this recorded parliamentary step.

House agreed to Senate amendments on Senate review 28 Nov 2022

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main amendments were: Observed text changed from "Schedule 1—Hostile workplace environments 3 Sex Discrimination Act 1984The main federal law this bill changes to add hostile workplace protections and stronger prevention duties. 3 Schedule 2—Positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. 6 Part 1—Duty 6 Sex…" to "4 Review of operation of amendments 2 Schedule 1—Hostile workplace environments 4 Sex Discrimination Act 1984The main federal law this bill changes to add hostile workplace protections and stronger prevention duties. 4 Schedul…".

Consideration of Senate message

Passed both houses 28 Nov 2022

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 12 Dec 2022

The Governor-General gave Royal AssentThe step that turned the bill into an Act and made the new rules law., turning the bill into an Act.

The main case against this bill

The main criticism was that parts of the bill were too broad or awkwardly drafted, risking overlap with existing workplace laws, extra compliance complexity for business, and unfair court-cost consequences for some harassment victims. These concerns were raised mostly by Coalition speakers seeking amendments and by a small number of crossbench supporters, while no party represented in the debate opposed the bill outright.

Criticism was real but mostly conditional, focused on drafting, compliance and access-to-justice details rather than the bill’s core goal.

Business compliance and legal overlap

Coalition speakers argued the new positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. and related provisions needed tighter drafting so employers, especially small businesses, could understand what was required without duplicating existing workplace law obligations or adding unnecessary complexity.

Raised by Coalition MPs including Julian Leeser, James Stevens and Zoe McKenzie Source ↗

Court costs could deter victims

Some crossbench supporters warned the bill’s original court-cost settings could discourage victim-survivors from taking unresolved sexual harassment matters to the Federal CourtThe federal court where unresolved discrimination matters can continue after a complaint is terminated., undermining access to justice unless amended.

Raised by Crossbench MPs including Monique Ryan and Allegra Spender Source ↗

Representative action changes were contested

The Coalition supported stronger harassment protections but objected to expanding representative actions and sought to remove those changes, arguing the bill should stay more tightly focused and simpler to administer.

Raised by Coalition MPs including Julian Leeser Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

07 Nov 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

25 Nov 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

House

Carried

Narrow hostile workplace and duty tests

Aye 81 No 57

Passed 81 to 57. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, Centre Alliance, and Katter's Australian Party. Minor-party and independent votes were split.

07 Nov 2022

Keeping the bill in its broader form preserved the government's intended hostile work environmentA workplace culture or setting that is so sex-based and negative that it can itself breach federal discrimination law, even without a direct incident aimed at one person. rule and stronger positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. wording.

Party Recorded votes Aye / No
Labor 62 / 0
Unknown 14 / 25
Liberal Party 0 / 17
Nationals 0 / 11
Independent 4 / 2
Greens 1 / 0
Centre Alliance 0 / 1
Katter's Australian Party 0 / 1
Carried

Reject coalition workplace limits

Aye 86 No 53

Passed 86 to 53. Support came from Labor, Greens, and Centre Alliance. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.

07 Nov 2022

The vote left the bill's enforcement and related protections unchanged, rather than adopting the coalition's narrower version.

Party Recorded votes Aye / No
Labor 62 / 0
Unknown 16 / 24
Liberal Party 0 / 17
Nationals 0 / 11
Independent 6 / 1
Greens 1 / 0
Centre Alliance 1 / 0
Carried

Reject costs and review changes

Aye 84 No 54

Passed 84 to 54. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.

07 Nov 2022

This kept the bill's later committee-stage provisions intact and rejected the opposition's attempt to alter those changes.

Party Recorded votes Aye / No
Labor 61 / 0
Unknown 16 / 24
Liberal Party 0 / 17
Nationals 0 / 11
Independent 6 / 1
Greens 1 / 0
Centre Alliance 0 / 1
Carried

Expand protections beyond sex

Aye 69 No 15

Passed 69 to 15. Support came from Labor, Liberal Party, and Nationals. Opposition came from Greens and Centre Alliance. Minor-party and independent votes were split.

07 Nov 2022

Rejecting the amendment kept the bill focused on sex-based hostile workplace protections rather than expanding it across all Sex Discrimination ActThe main federal law this bill changes to add hostile workplace protections and stronger prevention duties. attributes.

Party Recorded votes Aye / No
Labor 47 / 0
Unknown 14 / 7
Independent 1 / 6
Liberal Party 5 / 0
Nationals 2 / 0
Greens 0 / 1
Centre Alliance 0 / 1
Carried

Limit cost orders against complainants

Aye 83 No 9

Passed 83 to 9. Support came from Labor, Liberal Party, Nationals, and Centre Alliance. Opposition came from Greens. Minor-party and independent votes were split.

07 Nov 2022

The government version of the costs model stayed in place, including the court discretion set out in the bill.

Party Recorded votes Aye / No
Labor 49 / 0
Unknown 21 / 3
Independent 2 / 5
Liberal Party 5 / 0
Nationals 5 / 0
Greens 0 / 1
Centre Alliance 1 / 0
Carried

Keep gender-neutral objects clause

Aye 63 No 14

Passed 63 to 14. Support came from Labor, Nationals, Liberal Party, and Centre Alliance. Opposition came from Greens. Minor-party and independent votes were split.

07 Nov 2022

The bill retained the government's wording on substantive equality between men and women and the existing objects structure.

Party Recorded votes Aye / No
Labor 42 / 0
Unknown 12 / 7
Independent 1 / 6
Nationals 4 / 0
Liberal Party 3 / 0
Greens 0 / 1
Centre Alliance 1 / 0
Carried

House of Representatives agreed to Crossbench amendment

The APH progress record says 1 Crossbench amendment was agreed without a counted division being collected by this run.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

House accepted all Senate amendments

The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Senate

Defeated

Reject coalition Respect at Work rollback

Aye 24 No 32

Defeated 24 to 32. Support came from Liberal Party, Nationals, and One Nation. Opposition came from Labor, Jacqui Lambie Network, and minor parties and independents. One cross-floor vote was recorded: Penny Allman-Payne (Greens) voted aye. Greens had split recorded votes. Minor-party and independent votes were split.

25 Nov 2022

Defeating the package preserved the bill's broader reform settings rather than trimming them back to the opposition's preferred version.

Party Recorded votes Aye / No
Labor 0 / 15
Greens 1 / 12
Liberal Party 13 / 0
Unknown 7 / 3
Nationals 2 / 0
Independent 0 / 1
Jacqui Lambie Network 0 / 1
One Nation 1 / 0
Carried

Government workplace amendments pass

The Senate agreed to five Government amendments to the Respect at Work bill without a counted division.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Review clause added to bill

The Senate agreed to two Jacqui Lambie Network and Australian Greens amendments adding an independent review of the new Respect at Work reforms.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Limit cost orders against reasonable applicants

The Senate agreed on voices to changes that would restrict when a court can order costs against a person bringing a terminated complaint, especially where they acted reasonably.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Limit cost orders against reasonable applicants

The Senate rejected the same proposal to narrow when courts can order costs against a person bringing a terminated complaint, including applicants who acted reasonably.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Add an independent review after the law starts

The Senate agreed on voices to a requirement for an independent review of how the new law works, including whether the Human Rights Commission has enough capacity to do the new positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. work.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Committee amendments pass

The Senate agreed to amendments (1) to (4) in committee without a counted division.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Broaden hostile workplace protections

The Senate rejected a proposal to extend hostile workplace protections beyond sex and make the rule cover hostile environments linked to any protected attribute.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Broaden hostile workplace protections

The Senate rejected Waters Larissa's proposal on voices, covering would expand hostile workplace protections to all listed protected attributes and make liability turn on substantially contributing to that hostile environment.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

This list includes amendment votes, procedural votes and votes on the bill itself.

The parliamentary record also shows 1 Crossbench amendment, 5 Government amendments, and 2 Jacqui Lambie Network/Australian Greens amendments agreed without a counted division.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 27 Sept 2022

Dreyfus supports the bill and says it is the next crucial step in fully implementing the Respect@Work reportThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish..

Read in Hansard ↗
Lead supporting voice Supports

Julian Leeser

Liberal Party • MP 25 Oct 2022

Leeser says the coalition supports the principle of the bill and wants it to pass, but argues it needs amendments to tighten the drafting, reduce duplication with existing workplace laws, and remove the representative-action and costs changes.

Read in Hansard ↗
Lead non-major voice Supports

Zali Steggall

Independent • MP 27 Oct 2022

Steggall supports the bill and says it is a stronger, more complete response to the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations after earlier legislation left too much out.

Read in Hansard ↗
Lead voice Supports

Carol Brown

Australian Labor Party • Senator 21 Nov 2022

Brown supports the bill and says it is a significant step in implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations to prevent sexual harassment and discrimination at work.

Read in Hansard ↗

All speeches by bloc

Labor

17 speakers · 18 contributions · 17 support

  1. Libby Coker Coker strongly supports the bill and says it is the key step in fully implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations.
    “This bill is the most significant step in fulfilling that commitment. The bill implements all but one of the remaining legislative recommendations from Sex Discrimination Commissioner Kate Jenkins' groundbreaking Respect@Work report.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  2. Graham Perrett Graham Perrett supports the bill, saying it will implement Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations and strengthen the legal framework to prevent workplace sexual harassment, protect victims, and improve access to justice.
    “Lastly, I want to personally thank all victims-survivors who came forward to share their stories and to inform the Respect@Work report. I hope that this legislation is something you can be proud of, despite the circumstances leading up to you coming forward. I recommend this bill to the House.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  3. Kate Thwaites Kate Thwaites supports the bill and says it will make workplaces safer by implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations, especially by putting a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers to prevent sexual harassment rather than leaving the burden on workers.
    “This bill implements seven changes recommended by Kate Jenkins to achieve our goal of ending sexual harassment in the workplace. The biggest change, and the one that I think will make the most difference in people's lives, is that there will now be a positive duty on employers to take reasonable measures to eliminate sex discrimination, sexual harassment and victimisation as much as possible.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  4. Anthony Albanese Albanese supports the bill and says it will strengthen protections against workplace sexual harassment by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers and giving the Human Rights Commission stronger enforcement powers.
    “These people have shown the way. It is something that we should all embrace as part of the determination that we share to shape Australia into the very best version that we can be, a nation that reflects our highest ideals. I know that together we can build a better future, one with equality and respect at its core. I commend the bill to the House.”

    Australian Labor Party • MP • 07 Nov 2022

    Read the full speech in Hansard ↗
  5. Alison Byrnes Byrnes supports the bill and says it is a major step toward fully implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations and making workplaces safer from sexual harassment.
    “With this bill, we step closer to a future of safe and respectful workplaces. I commend the bill to the House.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  6. Luke Gosling Luke Gosling supports the bill, saying it delivers major reforms to make workplaces safer and more respectful by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers and giving the commissionThe national rights watchdog that can now check whether employers are meeting the new prevention duty and take action if they are not. stronger enforcement powers.
    “Following recommendation 17, the bill introduces in the Sex Discrimination Act a positive duty on employers to eliminate sex discrimination, sexual and sex based harassment, hostile work environments and victimisation. Employers will be responsible for protecting workers from, for deterring against and for reporting on these odious acts. Following recommendation 18, the bill gives the commission the function of assessing and enforcing compliance with the positive duty in the Sex Discrimination Act. This legislation, in other words, equips the commission with the powers it needs to hold accountable anyone who sexually harasses a colleague and anyone who covers up for them.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  7. Louise Miller-Frost Louise Miller-Frost supports the bill and says it is needed to strengthen protections against sexual harassment and sex discrimination at work.
    “This bill implements the remaining legislative recommendations of the Australian Human Rights Commission's 2020 Respect@Work: sexual harassment national inquiry report. As Australia's Sex Discrimination Commissioner Kate Jenkins tells us in the Respect@Work report, Australia once led the way globally in tackling sexual harassment. Indeed, even before the federal Sex Discrimination Act in 1984 specifically prohibited sexual harassment at work, my home state of South Australia had introduced protections against discrimination on the basis of sex in 1975. Yet the Respect@Work report found that Australia's legislative framework for responding to sexual harassment is now out of date and lags behind other countries.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  8. Anika Wells Wells supports the bill and says it is an important step in implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations as a priority.
    “The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill is crucial to ensuring our workplaces are environments where respect is automatic and treating people with humanity is the bare minimum. For too long, workplaces, including Parliament House, treated people without care, without respect and without dignity. Two in five women, or 39 per cent, and one in four men, or 26 per cent, have experienced sexual harassment in the workplace. This is a societal issue that every Australian and every Australian workplace can help address.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  9. Michelle Ananda-Rajah Michelle Ananda-Rajah strongly supports the bill, saying it will implement Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations, shift the law toward prevention, and make employers responsible for creating safe workplaces.
    “This is why the Albanese government is taking decisive action to combat sexual harassment in the Australian workplace by implementing all recommendations of the Respect@Work report. As you know, this report made 55 recommendations. This bill will implement seven of those recommendations and a number of related amendments to strengthen and clarify the legal framework around workplace sexual harassment.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  10. Cassandra Fernando Cassandra Fernando supports the bill and says it will implement the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations, strengthen sexual harassment law, and place more responsibility on employers to prevent discrimination.
    “I am pleased to speak in support of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022. Every worker should be free of discrimination of all types, and implementing the recommendations of the Respect@Work report honours that promise we made to the Australian people during the election. The bill will significantly strengthen and clarify the legal and regulatory framework relating to sexual harassment in Australia. It also introduces a positive duty for employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate sexual harassment as far as possible.”

    Australian Labor Party • MP • 07 Nov 2022

    Read the full speech in Hansard ↗
  11. Marielle Smith Smith supports the bill and says it is a landmark step that will help prevent sexual harassment and discrimination at work by imposing stronger duties on employers and giving the Human Rights Commission new enforcement powers.
    “This bill represents a paradigm shift in how public policy and the legislative framework will support those in our community experiencing sexual harassment and discrimination at work. It says loudly and clearly to all workers that they deserve to be safe at work. Change is hard but it is essential, because sexual harassment, just like violence, is not inevitable; it can be prevented. In this bill, we are taking steps to deliver change. I commend the bill to the Senate.”

    Australian Labor Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗
  12. Joanne Ryan Ryan strongly supports the bill, saying it is central to delivering the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations and will strengthen protections against sexual harassment by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers and expanding the Human Rights Commission's role.
    “This bill is central to what we took to the Australian people, because it delivers, in combination with the bill that was introduced in the House this morning by the Hon. Tony Burke. That bill, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, is the last piece in the puzzle that delivers on all of the recommendations in the Respect@Work report.”

    Australian Labor Party • MP • 27 Oct 2022

    Read the full speech in Hansard ↗
  13. Josh Burns Burns strongly supports the bill and says it is needed to update an inherited legal scheme that was not good enough to protect workers from sexual harassment.
    “This has been the subject of a lot of work by people in order to make changes in this country, and is something that is desperately needed. This is about reform that will last and will be meaningful, and reform that will make Australian workplaces safer. This is reform that I am proud that this Labor government has brought to this House and it's reform which will change lives and make our workplaces safer. I thank Commissioner Jenkins and I thank those who have contributed to this bill.”

    Australian Labor Party • MP • 07 Nov 2022

    Read the full speech in Hansard ↗
  14. Steve Georganas Steve Georganas supports the bill as a significant step toward preventing sexual harassment at work and strengthening the legal framework around it.
    “The changes proposed by this bill are an important part of these widespread reforms, so I commend the bill to the House.”

    Australian Labor Party • MP • 07 Nov 2022

    Read the full speech in Hansard ↗
  15. Murray Watt Watt supports the bill, saying it is a significant milestone in the government's commitment to fully implement the Respect@Work reportThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. and a historic shift in workplace protections against sexual harassment and discrimination.
    “This bill is obviously a significant milestone in delivering on the government's commitment to fully implement the Respect@work report. It represents a historic shift in how public policy and the legislative framework support people who experience sexual harassment and discrimination in the workplace.”

    Australian Labor Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

Coalition

5 speakers · 5 support

  1. Zoe McKenzie McKenzie says the coalition will support the bill in most respects because it continues the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. reforms and strengthens protections against sexual harassment and sex discrimination.
    “This is one we share, and in that I'm being generous. So the bill comes to this place with the support of the coalition in many—indeed, most—aspects. The member for Berowra has flagged a small number of amendments, largely designed to ensure that Australia's small businesses are able to understand and comply with their obligations under the act once operational.”

    Liberal Party • MP • 27 Oct 2022

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  2. Michaelia Cash Michaelia Cash supports the bill and says it builds on the former coalition government's Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. reforms.
    “The bill that we have before us today in the Senate chamber is one that builds on and continues the work that the former coalition government had commenced. It picks up on the particular issues that were given further time to ensure there was in-depth consideration and consultation. I'm pleased to say that, with the work having progressed, we support the principles behind this bill. There is so much in this bill that we support. I welcome the 12-month period between assent and commencement. This will be essential time for businesses, because it is businesses that need to go out there and learn about these new obligations. We are placing new obligations on businesses, and we need them to be able to put in place the new protocols and policies to ensure that they get their responses right and at the same time give them that ability to undertake the required training for their staff.”

    Liberal Party • Senator • 25 Nov 2022

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  3. Paul Scarr Scarr supports the bill and says he fully backs the new positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers, but he wants the drafting tightened and the enforcement agencies properly resourced.
    “With those comments, I commend the bill to the Senate.”

    Liberal Party • Senator • 25 Nov 2022

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  4. James Stevens James Stevens supports the bill and says it will help implement the final Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations to better protect women in the workplace.
    “I thank all in the debate for their constructiveness. I'm very pleased to support it. I hope the government will be prepared to consider the reasoning, which is coming from a place of wanting to absolutely ensure we still achieve the objective of the implementation of these final recommendations, taking into account what we believe are some very constructive and sensible suggestions from people that will have to deal with this legislation and have put forward examples where slight changes would achieve the same outcome but not put a significant burden on them from a compliance point of view. Hopefully, that is considered in good faith. Nonetheless, I absolutely support the bill. I will be very pleased to see this pass through the parliament to see the final elements of implementing the Respect@Work recommendation from Commissioner Jenkins. I think it will be a great outcome for the workplaces, culture and society of this nation. I commend the bill to the House.”

    Liberal Party • MP • 27 Oct 2022

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Greens

4 speakers · 4 support

  1. Larissa Waters Waters says the Greens support the bill because it is a long-overdue reform that will make workplaces safer and more respectful, especially through the positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. and hostile work environmentA workplace culture or setting that is so sex-based and negative that it can itself breach federal discrimination law, even without a direct incident aimed at one person. provisions.
    “The Greens welcome and support this bill. It is a positive and overdue reform to make workplaces safe and respectful for everyone. We have a number of amendments to improve its operation, but the significance of the changes that this bill will make cannot be overstated. The Respect@Work report was clear that current laws present all kinds of barriers to workers calling out harassment: cultural attitudes, costs, risks and the genuine fear that they'd be targeted at work through further harassment or loss of hours. This bill goes a long way towards removing those barriers.”

    Australian Greens • Senator • 25 Nov 2022

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  2. Adam Bandt Bandt says the Greens will support the bill in the House because it is a welcome and overdue reform that strengthens protections against workplace harassment and discrimination.
    “The Greens support this bill. We welcome the decision of the government to refrain from cherry-picking the recommendations of the Respect@Work report—as the previous government sought to—and to pass a law which can finally start to address these pervasive issues across our workplaces. We will continue to pursue relevant amendments in the Senate and support the member for Kooyong's amendment, but we will support this bill in the House.”

    Australian Greens • MP • 27 Oct 2022

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  3. Mehreen Faruqi Faruqi says the Greens will support the bill because it makes important progress by imposing a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers and strengthening protections against workplace sexual harassment and sex discrimination.
    “The Greens are supporting the bill of course because it represents significant progress for women around the country who have so courageously spoken their truth about the harassment, bullying and abuse that they have been subjected to and who have made it clear in no uncertain terms that they will not rest until it stops.”

    Australian Greens • Senator • 25 Nov 2022

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  4. Stephen Bates Bates says the Greens support the bill as a welcome and overdue step to finish implementing the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. reforms and make workplaces safer.
    “The Greens are pleased to see the government recognise the need to finish the job and implement the report in full. The Senate inquiry into this bill is ongoing, and we may propose amendments in the Senate after that investigation is complete. However, we acknowledge that this bill is a welcome and overdue reform to make workplaces safe and respectful for everyone.”

    Australian Greens • MP • 27 Oct 2022

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Minor parties and independents

6 speakers · 4 support · 2 mixed

  1. Monique Ryan Ryan says the bill's reforms are long overdue and important, but she wants section 46 changed because the proposed cost-neutrality rule could deter victims of workplace sexual harassment from going to Federal CourtThe federal court where unresolved discrimination matters can continue after a complaint is terminated..
    “Each of the seven recommendations being implemented through this bill is important. All of them are long overdue. When combined, they will fundamentally change how safety, acceptance and respect are perceived in our workplaces and who is responsible for ensuring their presence and their value. I urge the government, though, to amend section 46 of this bill to protect victim-survivors, to support their right to representation and to remove the disincentive to pursuing sexual harassment matters in Federal Court.”

    Independent • MP • 27 Oct 2022

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  2. Allegra Spender Spender supports the bill and says it is an important response to workplace sexual harassment, but she argues it needs amendment because the costs rules could deter survivors from bringing claims and the protections do not go far enough for LGBTQ people.
    “As I speak in support of this bill today, I stand on their shoulders. I stand side by side with many thousands of survivors of sexual harassment and discrimination across this country, because enough is enough. That is why I'm delighted to speak on the bill today. This is a bill that prohibits conduct which subjects a person to a hostile work environment on the grounds of their sex. This is a bill that places a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful discrimination on the basis of sex. This is a bill that empowers the Australian Human Rights Commission to conduct inquiries into systemic and unlawful discrimination and to support businesses to make work environments in Australia a safer place. I congratulate the government on its commitment to implementing the recommendations of the Respect@Work report and on its decision to prioritise this issue in the early months of their government.”

    Independent • MP • 27 Oct 2022

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  3. Kylea Tink Tink supports the bill and says it is a good faith first step to implement the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations, especially by creating a hostile work environmentA workplace culture or setting that is so sex-based and negative that it can itself breach federal discrimination law, even without a direct incident aimed at one person. prohibition and a positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers.
    “The bill before us is a good faith implementation of what is recommended in the Respect@Work report as it seeks to prohibit conduct which subjects a person to a hostile work environment on the grounds of their sex, and places a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful discrimination based on sex. In what I think is a strong and positive development, the Human Rights Commission will also be empowered to conduct inquiries into systemic and unlawful discrimination and support businesses to make work environments in Australia a safer place.”

    Independent • MP • 07 Nov 2022

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  4. Tammy Tyrrell Tyrrell says the Jacqui Lambie Network will support the bill because it implements the Respect@WorkThe 2020 inquiry report that set out the workplace sexual harassment reforms this bill is meant to finish. recommendations and strengthens protections against workplace sexual harassment.
    “While we are happy with the bill, it's because we are happy with how it looks on paper. It's one thing to look good on a piece of paper. It's another thing to work when it hits the factory floor.”

    Jacqui Lambie Network • Senator • 25 Nov 2022

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  5. Zoe Daniel Zoe Daniel supports the bill because she says its positive dutyThe legal duty on employers and PCBUs to take reasonable steps to stop sex discrimination, sexual harassment and related harm before it happens. on employers and stronger enforcement are a major step toward preventing sexual harassment at work.
    “The introduction of a positive duty into the Sex Discrimination Act is an excellent reform that places the onus firmly on employers to get their house in order. No-one should feel unsafe or uncomfortable in their place of work. This shouldn't stop with the Sex Discrimination Act. This should be a springboard for further change. There is a place for a positive duty to eliminate discrimination in all federal discrimination laws: the Racial Discrimination Act 1975, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004.”

    Independent • MP • 27 Oct 2022

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