Respect@Work Reforms: What You Need to Know Thought Paper

This briefing, authored by Equality Institute in December 2022, distils key legal reforms stemming from the Australian Human Rights Commission’s Respect@Work inquiry into workplace sexual harassment. It presents startling statistics: 41% of women and 26% of men experienced sexual harassment at work in the past five years, yet only 18% reported it — and a quarter of these complaints resulted in no consequences for the offender.

The briefing outlines two major legal reforms designed to shift the burden away from individuals and empower employers to proactively reduce harassment. The 2021 Respect@Work Act expanded protections to include sex-based (not necessarily sexual) harassment, broadened the definition of “worker,” and extended coverage to services like interns and volunteers. The 2022 amendment introduced a landmark positive duty, requiring all employers to take reasonable and proportionate steps to prevent discriminatory and harassing behaviour — even before it occurs — and provided the Australian Human Rights Commission with stronger enforcement powers.

For researchers, policymakers, and advocacy leaders, this briefing is an accessible overview of how legislative reform is reshaping the workplace safeguards against gender-based harm in Australia — and offers a foundation for studying organisational responses, compliance challenges, and the broader impact of proactive prevention models.