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Queensland passes new anti-harassment laws

Workers with coal at open pit

The Queensland Government has passed new laws part of the state’s Anti-Discrimination Act that aim to protect workers from discrimination and sexual harassment.

Queensland Premier Steven Miles said the legislation is particularly important to protect women in the workplace, who are largely subject to higher levels of sexual harassment.

“It’s simply unacceptable that this sort of harassment could take place in the workplace, which is why I’m sending a clear message that it must stop,” Miles said.

“These laws now put the onus on an employer to take reasonable steps to eliminate and prevent discrimination and sexual harassment in the workplace.”

Key reforms include:

  • a new prohibition of harassment on the basis of sex
  • updated definitions for discrimination
  • a prohibition on subjecting another person to a work environment that is hostile on the basis of sex
  • a positive duty on employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other unlawful conduct under the Anti-Discrimination Act 1991
  • an aggravating sentencing factor where an adult offender has used violence against or caused physical harm to a person in their workplace. This includes sexual assaults that occur in the workplace
  • the time limit for making a complaint to the Queensland Human Rights Commission about matters of harassment, and discrimination will also be extended from one year to two years.

By strengthening protections, the Queensland Government is aiming to foster a culture of respect and safety, with a broader impact on attitudes preventing and responding to domestic and family violence and ensuring safer communities.

“We want all Queenslanders to feel safe in their workplace and supported appropriately when reporting sexual harassment, sexual assault, or discrimination,” Queensland Minister for Health, Mental Health, and Ambulance Services and Minister Women Shannon Fentiman said.

Employers and specific organisations will have a duty to take reasonable and proportionate measures to eliminate discrimination, sexual harassment, harassment on the basis of sex and other objectionable conduct (such as vilification) as far as possible.

The definition for discrimination has been updated to ensure it cannot occur based on someone’s physical appearance, irrelevant medical record, irrelevant criminal record, homelessness or if someone has been subject to domestic or family violence.

“We have also introduced an aggravating sentencing factor to ensure individuals who inflict violence against workers are held to account,” Queensland Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette D’Ath said.

“By taking action in the workplace, we are also sending a message that violence and harassment have no place in Queensland.”

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