Miles Government putting Queensland workers first

• Miles Labor Government passes historic laws to protect workers from discrimination, vilification, sexual harassment, victimisation and other unlawful behaviours
• Legislation will particularly protect workers against sex-based discrimination and harassment and challenge attitudes leading to domestic and family violence. 
• A new aggravating sentencing factor will apply where an individual inflicts an act of violence against a worker.

The Miles Labor Government has this week passed historic legislation that strengthens protections for workers and enhances responses to sexual harassment, vilification, and discrimination in Queensland workplaces.

It’s a major move to put Queensland workers first, while strengthening and modernising the state’s Anti-Discrimination Act.

The legislation is particularly important to protect women in the workplace, who are largely subject to higher levels of sexual harassment.

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 Miles Labor Government is fostering a culture of respect and safety, with a broader impact on attitudes preventing and responding to domestic and family violence and ensuring safer communities.

It also provides better protections for individuals and groups from genuine hate speech and builds on the Government’s response to hate crimes and the public display of hate symbols, which came into effect in April.

The enhancements to Queensland’s laws will not change any existing exemptions for expressions of faith and belief, under the Anti-Discrimination Act 1991.

The State Government is committed to implementing all recommendations from the Queensland Human Rights Commission’s Building Belonging Report, with a second stage of reforms to occur following additional consultation.

Quotes attributable to Premier Steven Miles:

“I will always do what matters to ensure Queensland workers have safe and productive workplaces.

“Sadly, we know that across all reported victims of sexual offences, 28.6 per cent of the offenders are an acquaintance, friend, neighbour or colleague.

“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.

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

“It’s just one of many important protections that are now law.

“My message to Queenslanders is simple – we hear you, we see you and we will do what matters to protect you.”  

Quotes attributable to Minister for Health, Mental Health, and Ambulance Services and Minister Women Shannon Fentiman:

“We want all Queenslanders to feel safe in their workplace and supported appropriately when reporting sexual harassment, sexual assault, or discrimination.

“We know that women are more likely to experience this and that men are more likely to be the harasser. 

“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.

“That’s why we’re strengthening the laws to ensure workplaces are taking proactive steps to prevent harassment and respond appropriately when it does occur.

“I’m proud to be part of the Miles Government that is delivering this reform because the people of Queensland deserve safe, inclusive and respectful workplaces.”

Quotes attributable to the Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath:

“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.

“Workplace discrimination is preventable and sexual harassment is never acceptable, and our community firmly rejects any notion otherwise.

“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.

“Queensland laws will now rightfully incorporate an appropriate range of protections for workers and ensure accessible mechanisms are in place to report this behaviour.

“In particular we have made sure that these changes incorporate relevant recommendations from the Australian Human Rights Commission’s Respect@Work Report, the Queensland Human Rights Commission’s Building Belonging Report and Legal Affairs and Safety Committee’s reports on vilification.

“Importantly, this legislation forms part of our commitment to eliminate attitudes that enable violence in our communities, helping to build a culture of equality, respect, and safety for all Queenslanders.

“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.

“We will always strive to protect the rights and dignity of every individual in our great State.”

Further information:

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 conduct to which the positive duty introduced by the legislation will apply includes:

• discrimination on the basis of any protected attribute (such as race, religious belief or religious activity, sex and sexual orientation) in any area of activity where discrimination is prohibited (such as work, education, accommodation, goods and services, and administration of state laws and programs);
• sexual harassment or harassment on the basis of sex;
• requests for information on which unlawful discrimination might be based;
• vilification;
• discriminatory advertisements; and
• victimisation.

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.

The list of protected attributes for both criminal and civil vilification will include sex, age, and impairment in addition to the existing attributes of race, religion, sexual orientation, gender identity and sex characteristics.

Longstanding protections for expressions of faith and belief will remain. The Respect at Work and Other Matters Amendment Bill will not alter the exemptions that exist under the Anti-Discrimination Act, in relation to religious bodies.

ENDS