House debates

Thursday, 27 October 2022

Bills

Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022; Second Reading

12:48 pm

Photo of Stephen BatesStephen Bates (Brisbane, Australian Greens) Share this | Hansard source

I welcome the government's commitment to the full suite of the Respect@Work recommendations. I thank the Sex Discrimination Commissioner, Kate Jenkins, for her good work in setting set out a comprehensive, practical and targeted suite of reforms to address the pervasive problem of sex based discrimination in Australian workplaces.

These recommendations are the product of many interviews and consultations with survivors, business owners, government, unions, NGOs, lawyers and others. They represent a holistic plan to address discrimination and structural inequalities faced by women to relieve the burden on victims and ultimately make workplaces safe for them. The recommendations were designed as an integrated package, but the previous government opted to cherrypick the recommendations it supported. The Greens' response, led by Senator Larissa Waters, called this out and condemned the approach.

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.

Every person has the right to a safe workplace, and these changes are urgently needed to protect women from the disproportionate levels of harassment and lack of protection they experience. The national sexual harassment survey found that nearly 40 per cent of women had been harassed at work, and many do not report their experiences for fear of reprisal or lack of confidence that any action will be taken. We also know that according to the Diversity Council Australia's 2018 report Out at Work Australian LGBTQI+ workers are almost 50 per cent more likely to have experienced harassment and/or discrimination in the past year than their non-LGBTQI+ counterparts. An alternative report found that six in 10 queer people in Australia had experienced verbal homophobic abuse in the workplace, while two in 10 had experienced physical violence. We know many queer workers lose their jobs when they come out as gay, and more than 17 per cent of participants felt that their careers had probably been restricted because of their sexual orientation.

Transgender and gender-diverse employees said that being deliberately misgendered and subjected to invasive questioning about their medical history was commonplace within the workforce. Startlingly, 64 per cent of the bullying and harassment reported came from the employee's immediate manager or other senior leaders within their organisation, while 28 per cent came from within their immediate team. It comes as no shock that only one in three LGBTQI+ people are out to everyone with whom they work. For trans and gender-diverse people, it's only one in five.

I understand that the member for Wentworth will be moving amendments to extend provisions that prevent the creation of a hostile work environment beyond sexual harassment and discrimination to cover all areas of discrimination. Putting the onus on changing workplace culture and creating safe work environments means it does not fall to individual employees, often victimised and worn down, to take action. LGBTQI+ employees need to feel safe at work always. We will support the proposed amendments.

The Respect@Work report recommendations focus primarily on women's experience of harassment, and action on that issue is critical. I also believe that the same protections could be implemented for the queer community, who also bear the burden of discrimination and harassment in workplaces in Australia.

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