Senate debates

Wednesday, 1 September 2021

Bills

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

11:22 am

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

As I said in relation to the recent budget, Comcare will deliver national forums on sexual harassment for Commonwealth, state and territory work health and safety inspectors and training for employers and managers covered by the Commonwealth work health and safety laws to better understand and meet their obligations in relation to sexual harassment under the laws.

In relation to the point that Senator Pratt was making, I'd also just say to Senator Pratt, just for her consideration: there is an existing vicarious liability provision in the Sex Discrimination Act, as she would know, which ensures that if a worker engages in unlawful conduct such as sex discrimination or harassment their employer can also be held liable if the employer did not take reasonable steps to prevent the conduct from occurring. I have some more information on that that I can provide you with. Again going to what Senator Pratt was saying, the bill will also clarify that a complaint of victimisation under the Sex Discrimination Act can form the basis of a civil action, as well as a criminal action, in response to recommendation 21 of the Respect@Work report. I think that does assist Senator Pratt with the issue she was raising.

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