The Australian Human Rights Commission has called for urgent reforms to tackle workplace sexual harassment, releasing a new report that details systemic barriers for victim-survivors and sets out 11 recommendations for change.
Speaking from Experience urges amendments to the Sex Discrimination Act 1984 to limit the use of confidentiality and non-disclosure agreements, increased funding for specialist support services, and the introduction of civil penalties for employers who breach their Positive Duty under the Act.
The release of the report delivers the final recommendation of the commission’s Respect@Work agenda, initiated in 2020. “These solutions to prevent workplace sexual harassment come from listening to those who have lived it,” says Sex Discrimination Commissioner Dr Anna Cody. “We heard the experiences of more than 300 Australians from diverse backgrounds, who told us what needs to change in addressing workplace sexual harassment.
“Workers shouldn’t have to choose between their safety and their livelihood,” says Dr Cody. “Workplace sexual harassment can affect every part of life, and people who experience it often have the least amount of power: those in insecure work, who are younger, on temporary visas, facing racism, ableism, homophobia, language barriers and other forms of discrimination.
“While it is a final crucial step in the Commission’s Respect@Work agenda, there is still plenty of work to be done. The report calls for real action, accountability, and cultural shifts for everyone to be safe and respected at work.”
The report’s proposed civil penalties would strengthen the enforcement framework around the Positive Duty, which requires employers to take reasonable and proportionate steps to prevent sexual harassment, sex discrimination and related harms. Those obligations were embedded in federal law in recent reforms, with the commission now able to monitor and enforce compliance.
Limiting the routine use of confidentiality clauses and non-disclosure agreements in sexual harassment matters is a central recommendation. Advocates have long argued that such clauses can silence complainants and hinder transparency, while the commission’s proposal aims to ensure any confidentiality terms are genuinely necessary and proportionate.
Beyond legal reform, the commission is calling for sustained investment in specialist services so people who experience workplace sexual harassment can access trauma-informed advice, counselling and legal support. It also emphasises the need for practical tools to help employers meet their obligations and build safer, more respectful workplaces.
Consultations underpinning the report have also produced free resources to help workers and employers understand their rights and responsibilities under the Positive Duty. The materials are available at: https://humanrights.gov.au/our-work/sex-discrimination/workplace-sexual-harassment-resources
A launch event for the report will be held in Parramatta on Thursday 26 June, bringing together key stakeholders and community partners from the consultations, alongside leading workplace gender equality advocates.
