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Fatherhood is a many hued thing. Some moments are pure joy. Written and illustrated by E. Plauen, the comic ran for three years between and years in the Berliner Illustrirte Zeitung.


Circulated by authority of the. Australian Capital Territory. Acts Interpretation Act. Acts Interpretation Act Australian Federal Police. Australian Human Rights Commission.

AHRC Act. Australian Human Rights Commission Act Federal Court. Federal Circuit Court.

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FW Act. Fair Work Act Fair Work Commission. MOPS Act. Members of Parliament Staff Act Northern Territory. A person conducting a business or undertaking.

Respect Work Report. Roadmap for Respect. SD Act. Sex Discrimination Act WHS Act. Work Health and Safety Act WHS Regulations. Work Health and Safety Regulations The Government is taking action to strengthen, simplify and streamline the legislative and regulatory frameworks that protect workers from sexual harassment and other forms of sex discrimination in the workplace.

This Bill would ensure that more workers, particularly vulnerable workers, are protected and empowered to address unlawful conduct. The product of this inquiry - the Respect Work Report - concludes that existing legal and regulatory frameworks for addressing workplace sexual harassment are complex and difficult to navigate.

The Respect Work Report recommended legislative amendments to simplify and clarify the overarching legal frameworks to ensure that employers and workers are able to effectively address sexual harassment in the workplace. The Roadmap for Respect provides a clear and comprehensive path forward to prevent and address workplace sexual harassment, while supporting meaningful culture change in Australian workplaces. This Bill would give effect to legislative amendments set out in the Roadmap for Respect and will implement Respect Work Report Recommendations 16, 20, 21, 22, 29, and This Bill would also vary the existing entitlement to compassionate leave in the FW Act to include miscarriage as a permissible occasion.

As the Roadmap for Respect highlighted, preventing and addressing sexual harassment requires a nation-wide effort and whole-of-society support.

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This Bill is an important part of this broad effort to ensure women are treated equally and protected from violence and harassment on the basis of sex. Clarifying the object of the SD Act. This Bill would create a new object clause to make it clear that in addition to the elimination of discrimination and harassment, the SD Act aims to achieve, so far as practicable, equality of opportunity between men and women. Prohibiting sex-based harassment.

This Bill would insert a new provision in Division 3 of Part II of the SD Act to make it expressly clear that it is unlawful to harass a person on the ground of their sex. The Respect Work Report concluded that while sex-based harassment is already prohibited under the SD Act as a form of sex-based discrimination, this is not well understood.

Expanding coverage of the SD Act. The Bill would simplify and amend the protection from workplace sexual harassment in the SD Act to ensure the provisions closely align with terms used in the model Work Health and Safety law, and ensure all workers and workplaces are protected. This would ensure that persons not ly covered under the SD Act, such as interns, volunteers and self-employed workers, are protected from harassment.


While this change would expand the existing prohibition under the SD Act, work health and safety laws already impose a duty on employers and PCBUs to ensure workers are not exposed to health and safety risks. This duty requires risks to health and safety to be eliminated or minimised so far as is reasonably practicable, including the risk of sexual harassment.

As such, this change will not impose an increased burden on business. The Bill would also clarify that the scope of the SD Act extends to members of parliament, their staff, and judges at all levels of government.

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It would also remove the existing exemption of state public servants in the SD Act to ensure that the protections from workplace discrimination and sexual harassment as well as sex-based harassment apply to these workers. This would ensure public servants at all levels of government are protected under the SD Act in the same way as all other workers and would bring the SD Act in line with other federal anti-discrimination laws the Racial Discrimination Actthe Disability Discrimination Act and the Age Discrimination Actwhich do not provide exemptions for state public servants.

This Bill would also ensure that a person who causes, instructs, induces, aids or permits someone else to engage in sexual harassment, or sex-based harassment, can also be found to have engaged in the unlawful conduct under the ancillary liability provision in the SD Act. The effect of this amendment would be to prohibit under the SD Act a person from assisting another person, as well as actually engaging themselves, in sexual harassment or sex-based harassment.

Simplified processes for complaints to the AHRC. This Bill would clarify that victimising conduct can form the basis of a civil action for unlawful discrimination in addition to a criminal complaint under the SD Act. This amendment responds to case law which has created uncertainty as to whether a civil complaint can be made for victimising conduct, as identified in the Respect Work Report.

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This Bill would also amend the discretionary grounds on which a complaint may be terminated by the President of the AHRC. Instead of the current six months, a complaint under the SD Act could only be terminated if it is made more than 24 months after the alleged unlawful conduct took place.

This timeframe was recommended in the Respect Work Report to reduce procedural barriers arising from complainants being delayed in making a complaint under the SD Act. However, this change would reassure complainants their complaints would not be dismissed within 24 months of the conduct.

This Bill would amend the existing anti-bullying jurisdiction in the FW Act to make it clear that within that jurisdiction, the FWC can make an order to stop sexual harassment in the workplace. Conduct that amounts to bullying can also be sexual harassment. The new provisions afford workers who have suffered workplace erotik kontakt plauen harassment with access to a fast, low cost, informal mechanism to deal with complaints.

Just as is the case with the existing jurisdiction, orders are intended to prevent the risk of future harm. The FWC must be satisfied that the harassment has occurred to make an order, and orders would not be available in cases where there is no risk of harassment occurring again, for example when the person who harassed the worker is no longer employed at the workplace.

Sexual harassment as a valid reason for dismissal. The Respect Work Report recommended amending the FW Act to clarify that sexual harassment can be conduct amounting to a valid reason for dismissal in determining whether a dismissal was harsh, unjust or unreasonable. Miscarriage leave. This is based on the general medical meaning of miscarriage. The changes build on the Fair Work Amendment Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures Actwhich introduced improved access to unpaid parental leave and compassionate leave for families dealing with the trauma erotik kontakt plauen stillbirths, infant deaths and premature births.

The Bill would expand the minimum leave entitlement to ensure that a miscarriage constitutes grounds for compassionate leave.

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The amendments in the Bill have no financial impact at this time. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights Parliamentary Scrutiny Act Overview of the Bill. ificantly, reforms to the SD Act will allow a broader range of workers to make a complaint about unlawful conduct if it occurs.

In order to reduce complexity and duplication, this Bill would amend section 28B of the SD Act to provide greater clarity around the circumstances in which sexual harassment and harassment on the ground of sex is unlawful in the workplace. This would broaden the scope of Division 3 of the SD Act to include interns, apprentices, volunteers, and those who are self-employed.

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The amendments will also more closely align the protection in the SD Act with the WHS Act, reducing complexity and making it easier for workers and businesses to navigate the relevant protections and obligations. While sexual harassment that is repeated is already captured under the existing provisions of the anti-bullying jurisdiction, this Bill will insert new provisions in Part B of the FW Act to expressly provide that the FWC can make an order following a single instance of sexual harassment. The new provisions afford those who have suffered workplace sexual harassment with access to a fast, low cost, informal mechanism to deal with complaints.

The FW Act would also be amended to inform readers that sexual harassment erotik kontakt plauen be conduct amounting to a valid reason for dismissal in determining whether a dismissal was harsh, unjust or unreasonable.

In addition, the Bill extends the existing entitlement to compassionate leave in the FW Act to national system employees if they, or their current spouse or de facto partner, has a miscarriage in recognition of their bereavement.

Human rights implications. This Bill engages the following rights:. Right to equality and non-discrimination. Article 2, 16 and 26 of the ICCPR protect the right to equality and non-discrimination by providing that all individuals have the same rights and deserve the same level of respect, regardless of their personal attributes such as race, sex, disability, age or colour among other attributes.

Items and 40 of the Bill engage the right to equality and non-discrimination in clarifying that the SD Act is intended to cover members of parliament, their staff, and judges. These items, along with item 48, would also ensure state and territory public servants are covered by the SD Act in the same way as all other workers, ensuring consistency across the protections and avenues for complaints.

Item 60 inserts the definition of harassment on the ground of sex, protecting persons from conduct which is discriminatory but not clearly covered by the definition of sex discrimination or sexual harassment in the SD Act. In prohibiting harassment on the ground of sex, the Bill provides coverage of conduct which is not necessarily sexual in nature or resulting in obvious inequality. In doing so, the amendments would clarify that this form of discrimination is unlawful and promote the right to non-discrimination. Items and amend the existing anti-bullying jurisdiction in the Erotik kontakt plauen Act to make it clear that within that jurisdiction, the FWC can make an order to stop sexual harassment in the workplace.

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These amendments promote the right to equality and non-discrimination by reinforcing protections from sexual harassment. Right to an effective remedy. Article 2 3 of the ICCPR and Article 2 of the CEDAW provides the right to an effective remedy for persons who have suffered human rights violations by Australian authorities, as well as persons who have suffered discrimination perpetrated by Australian authorities.

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Senate Legal and Constitutional Affairs Committee.


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