Senate debates

Wednesday, 1 September 2021

Bills

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021; In Committee

11:11 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I believe I've articulated the reasons that the government is not at this point in time implementing recommendation 17 of the Respect@Work report and in particular the work we are doing with the work health and safety ministers to strengthen those laws—the positive duty—and the understanding by both employers and regulators of their role under the positive duty in relation to the Work Health and Safety Act. Among the issues I've also raised and already discussed with the work health and safety ministers are both the Boland review and the Kate Jenkins review in terms of the psychosocial risks, such as sexual harassment.

What we've already agreed to do to date—and this is the work that we were progressing, to go to the question you raised about strengthening the work health and safety elements—is that, when I met with the work health and safety ministers and raised this with them, they agreed to progress amendments to the model work health and safety regulations to deal with how to identify the psychosocial risks, including sexual harassment associated with the psychological injury that can be suffered. So that is already something I've met with the work health and safety ministers on, and they have already agreed—in fact, they unanimously agreed—to commence progressing this work. Safe Work Australia has already commenced its preparation for the model code of practice being developed to cover psychosocial health, including sexual harassment. Also, I have indicated that, as part of the recent budget, one of the issues raised—and you've actually gone there yourself, in relation to the understanding of, in particular, work health and safety inspectors and employers/managers—is their actual understanding of what their role is under the work health and safety law.

In terms of what the federal government is able to do, Comcare will now deliver the national forums for Commonwealth, state and territory work health and safety inspectors on sexual harassment and training for employers and managers covered by the Commonwealth work health and safety laws to ensure that they have that better understanding of what their obligations are and meet their obligations. That's the key thing: they need to be able to meet their obligations in relation to sexual harassment under the laws. At this point in time I have already commenced work in relation to that better understanding of the Work Health and Safety Act and the obligations under it that go directly to what Kate Jenkins referred to in her report.

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