Sex Discrimination Commissioner welcomes final recommendation being implemented from Respect@Work report

Sex Discrimination Commissioner Dr Anna Cody has welcomed the Australian parliament’s passing of legislation that will prevent courts ordering applicants to pay respondent’s costs in Federal Court discrimination cases. The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 is the final legislative recommendation in the Australian Human Rights Commission’s 2020 Respect@Work report to be implemented.  

“Taking a discrimination or harassment complaint to court can be expensive, and too often costs are the main barrier preventing people from seeking justice,” said Commissioner Cody.  

“I welcome the passing of the Cost Protections Bill, which will help individuals assert their rights rather than avoid litigation due to the fear of costly legal proceedings. 

“The risk of costs being awarded has stopped litigation and public examination of sexual harassment and discrimination on a broader scale. This Bill will eliminate this barrier.” 

Under the new legislation, an employee who brings forward a sexual harassment or a discrimination case cannot be asked to pay their employers’ costs if they are unsuccessful in court - except in exceptional circumstances.  

The passing of the legislation on Thursday also marks the final piece of legislative reform that fulfills the Government’s commitment to the 55 recommendations laid out in the Respect@Work report.  

“Seeing action being taken in response to all Respect@Work recommendations is a monumental achievement for Australia. It marks a transformative moment in our nation's journey towards creating safer, more inclusive, and respectful workplaces,” said Dr Cody. 

“Each recommendation was designed with the goal of addressing and preventing workplace sexual harassment. To see them all being actioned is a profound step forward in helping shape workplaces where respect is at the core, so every person feels safe, valued, and empowered. 

“While there is still a lot of work to be done to decrease the prevalence of sexual harassment in Australian workplaces, these changes are a step forward in not only protecting workers but inspiring a lasting cultural shift towards equality and respect in every sector.” 

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897