In response to the continual rise of sexual harassment as a “hot topic” issue in Australian workplaces and as part of the ongoing response to the Sex Discrimination Commissioners Respect@Work Report, there has been a seismic shift in the way our laws tackle sexual harassment and the way regulators are dealing with it. In particular, with the introduction of a new ‘positive duty’ on all employers, it is now abundantly clear that the onus is squarely on employers to take action to prevent sexual harassment, sex-based harassment and hostile workplace environments and instead ensure a safe workplace.
Responding to complaints when they arise is no longer enough, businesses must prove they are actively taking preventative steps and managing risks to ensure workplace sexual harassment never occurs in the first place.
Whilst some of the recent changes to the law are already in effect, further changes including new avenues for employees to pursue claims and the Human Rights Commissions powers to actually enforce the new ‘positive duty’ on employers will take effect from 13 December 2023.
Unsure what’s changed and where to start?
In this 60-minute session, our expert Tamsin Lawrence, Senior Associate from Australian Business Lawyers & Advisors.
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Tamsin is a Senior Associate employment lawyer with Australian Business Lawyers & Advisors, acting for a broad range of employers across the public and private sector. She performs a mix of litigious and advisory work in workplace relations and regularly presents to employers.
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