Bill seeks to remove cost 'disincentive' of pursuing workplace sexual harassment cases
Advocates for the Costs Protection Bill are hopeful for broad support from lawmakers as the Australian Parliament is due to consider the proposal this week.
The bill seeks to introduce a new "equal access" cost model that will allow victims of workplace sexual harassment to pursue their case in federal courts without fear of hefty court-ordered costs.
It also satisfies one of the recommendations from the Respect@Work Report, which highlighted that the risk of a costs order acts as a "disincentive to pursuing sexual harassment matters in the federal jurisdiction."
"The passage of the bill will send a clear message that sexual harassment and discrimination is unacceptable in our workplaces," said Michele O'Neil, president of the Australian Council of Trade Unions (ACTU), in a statement.
"This reform is a massive step forward in holding the perpetrators of sexual harassment to account."
Barrier to workplace sexual harassment cases
The cost barrier has been attributed as one of the reasons behind the low numbers of workplace sexual harassment cases reaching Australian courts.
According to ACTU analysis, only one in 230,000 victim-survivors of workplace sexual harassment raise the matter to an Australian court.
Separate research from the Australian National University further found that only 444 cases of workplace sexual harassment have ever been brought to court since 1984. This is despite estimates from the Australian Human Rights Commission that nearly one in five workers experience sexual harassment at work each year.
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"The lack of certainty around costs means that even when they win, there is no guarantee a victim-survivors' costs will be covered, and in fact, they may even be liable for the respondent's costs," O'Neil said.
"By removing this barrier, low-income and vulnerable workers will be empowered to seek justice for encountering workplace sexual harassment or discrimination."
Power to Prevent coalition
The ACTU is one of the more than 85 organisations that are part of the Power to Prevent coalition, which advocates for the new costs model. Other members include the National Legal Aid and the Kingsford Legal Centre.
Emma Golledge, Kingsford Legal Centre Director, said the bill is an "important and welcome change" as part of the Respect@Work implementation.
"Enforcing your rights shouldn't bankrupt you and people who experience sexual harassment shouldn't be forced to end their claims because of this fear," Golledge said in a statement.