September 19th 2024.
Good news for victims of workplace sexual harassment in Australia! Thanks to a new amendment to the Australian Human Rights Commission Act, the process of seeking legal action against perpetrators will soon become a lot easier. This amendment, called the Costs Protection Bill, was passed in parliament today and aims to remove the financial barriers that have prevented many victims from taking their perpetrators to court.
Before this amendment, many victims were deterred from pursuing court action due to the fear of facing huge legal costs if they were to lose the case. In fact, research by the Australian Council of Trade Unions showed that only 1 in 230,000 survivors of workplace sexual harassment actually brought their perpetrators to court. This new amendment will apply to all Commonwealth sexual harassment and anti-discrimination laws and will limit courts from ordering victims to pay the legal costs of their perpetrators, except in certain circumstances.
This change is part of Labor's Respect@Work recommendations, which were promised to be implemented by the Albanese government when they came into power. According to ACTU president Michele O'Neil, this is a landmark bill amendment that will make the court process less daunting and financially restrictive for victims of workplace sexual harassment. She stated, "Victim-survivors of workplace sexual harassment now have a fair chance to seek justice without the fear of financial ruin holding them back. No worker should be denied justice because of their experiences of sexual harassment and discrimination."
Katherine McKernan, the National Legal Aid executive director, also commented on the amendment, stating that while Australia still has a ways to go in combatting high rates of workplace sexual harassment, it is important that those who are disadvantaged have access to justice. She said, "It is heartening to see the government listening to victim-survivors and organizations that work with the most disadvantaged to create a system that removes barriers to seeking redress from workplace discrimination and sexual harassment."
In conclusion, this amendment is a significant step towards ensuring that victims of workplace sexual harassment have a fair chance at seeking justice. If you or someone you know has been impacted by sexual assault or violence, you can call 1800RESPECT or visit 1800RESPECT.org.au for support and resources.
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