'It's simply unacceptable that this sort of harassment could take place in the workplace,' says Premier
The Queensland government has passed landmark legislation aimed at strengthening protections for workers against discrimination, vilification, and sexual harassment.
The new laws, introduced by the Miles Labor Government, are seen as a significant step in ensuring safer and more respectful workplaces across the state, with a focus on preventing sex-based harassment and improving responses to domestic and family violence.
The legislation, which modernises Queensland's Anti-Discrimination Act, includes several key reforms designed to address workplace misconduct. One of the most notable changes is the introduction of an aggravating sentencing factor for cases where an individual inflicts violence against a worker, including instances of sexual assault.
Premier Steven Miles emphasised the importance of these new protections for workers, particularly women who face higher levels of sexual harassment in the workplace.
“I will always do what matters to ensure Queensland workers have safe and productive workplaces,” said Miles. “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.”
Legislative changes in Queensland
The legislation introduces a range of new measures, including:
- A new prohibition on harassment based on sex.
- Updated definitions of discrimination.
- A prohibition on creating a work environment hostile on the basis of sex.
- A requirement for employers to take reasonable and proportionate steps to prevent discrimination and sexual harassment in the workplace.
These changes also extend the time frame for lodging complaints with the Queensland Human Rights Commission, allowing individuals two years instead of the previous one-year limit to report incidents of harassment or discrimination.
Focus on women's safety in the workplace
Minister for Health and Women, Shannon Fentiman, highlighted the gendered nature of workplace harassment and the need for a community-wide response.
“We know that women are more likely to experience this and that men are more likely to be the harasser,” Fentiman said. “It is critical that our community understands that sexual harassment isn’t just a women’s issue, it is a whole-of-community issue, and we all have a role to play in creating change.”
The new laws are also designed to challenge societal attitudes that enable domestic and family violence, with an emphasis on fostering a culture of equality and respect. Fentiman stated: “We’re strengthening the laws to ensure workplaces are taking proactive steps to prevent harassment and respond appropriately when it does occur.”
Broader protections against discrimination and vilification
In addition to targeting sexual harassment, the legislation enhances protections against discrimination based on a range of attributes, including race, religion, gender, and sexual orientation.
Attorney-General Yvette D’Ath underscored the government’s commitment to making workplaces safer for all Queenslanders.
“Let me make it very clear, every employee has the right to go to work knowing it is a safe environment, free from sexual harassment,”_ D’Ath said. “Workplace discrimination is preventable and sexual harassment is never acceptable, and our community firmly rejects any notion otherwise.”
D’Ath also highlighted the legislation’s role in addressing vilification. The reforms expand the list of protected attributes to include sex, age, and impairment, further strengthening protections for Queenslanders from hate speech and vilification.
“We are committed to a Queensland that is fair and inclusive, where no one receives unfair treatment due to their race, religion, gender, or sexual orientation,” she added.
The legislation also retains longstanding protections for expressions of faith and belief under the Anti-Discrimination Act, ensuring that religious freedoms remain intact while bolstering protections against discrimination.
Preventing workplace violence
In addition, the new laws introduce an aggravating sentencing factor for cases where an individual uses violence against a worker in the course of their employment. This provision aims to hold offenders accountable and deter workplace violence.
“We have also introduced an aggravating sentencing factor to ensure individuals who inflict violence against workers are held to account. By taking action in the workplace, we are also sending a message that violence and harassment have no place in Queensland,” D’Ath said.
These reforms build on recommendations from several key reports, including the Australian Human Rights Commission’s Respect@Work Report and the Queensland Human Rights Commission’s Building Belonging Report. The legislation is part of a broader effort by the Queensland government to eliminate attitudes that perpetuate violence and discrimination in the workplace.
