National Inquiry into Sexual Harassment in Australian Workplaces
Sex Discrimination
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Contents
- Sexual harassment webinar series: May-August 2020
- Submissions to the National Inquiry
- Request to employers - limited waiver of confidentiality obligations
- Have Your Say – Conversation Toolkit
- Everyone's business: Fourth national survey on sexual harassment in Australian workplaces
- Latest news
- Get involved
- Terms of Reference
- Individual complaints and getting support
Introduction
On 20 June 2018 Australia’s Sex Discrimination Commissioner, Kate Jenkins, announced a national inquiry into sexual harassment in Australian workplaces. The public consultation process is now closed.
On 5 March 2020, the National Inquiry into Sexual Harassment in Australian Workplaces report was released.
Sexual harassment webinar series: May-August 2020
Sex Discrimination Commissioner Kate Jenkins is leading a series of virtual webinars to explain the key findings and recommendations of Respect@Work, the Australian Human Rights Commission's landmark 18-month national inquiry into sexual harassment in Australian workplaces.
The webinars will also be an opportunity to discuss ways to manage the risk of sexual harassment in the online workplace in the context of the current COVID-19 pandemic.
Watch the series of Respect@Work Webinars.
Submissions to the National Inquiry
The submission process is now closed.
The National Inquiry was open for submissions between July 2018 and February 2019. The Australian Human Rights Commission asked individuals and organisations for their views, experiences and suggestions for change as part of the National Inquiry into sexual harassment in Australian workplaces.
Get further information about the submissions process.
Request to employers - limited waiver of confidentiality obligations
Former Australian Sex Discrimination Commissioner, Kate Jenkins, is calling on Australian employers to issue a limited waiver of confidentiality obligations in non-disclosure agreements (NDAs) for the purpose of allowing people to make a confidential submission to the National Inquiry into Workplace Sexual Harassment. NDA arrangements are commonly entered into as part of a settlement of a sexual harassment claim. They generally prohibit all parties to the agreement from talking about the claim to anyone. They are found across industries and employers big and small. Commissioner Jenkins is asking employers to show their public support for a waiver as soon as possible, in order to give people time to make their submissions. Organisations issuing a limited waiver will be listed on the Commission’s website.
View the organisations that have issued a limited waiver of confidentiality obligations.
Have Your Say – Conversation Toolkit
The Commission has developed a toolkit to help interested individuals or groups within Australian workplaces, communities and groups to conduct facilitated conversations to inform the National Inquiry. Anyone can use this toolkit to facilitate a discussion at your workplace, in a community organisation or among a group of friends.
Access the toolkit: Have your Say – Conversation Toolkit (2018).
Everyone's business: Fourth national survey on sexual harassment in Australian workplaces
Between April and June 2018, the Commission conducted a national survey to investigate the prevalence, nature and reporting of sexual harassment in Australian workplaces and the community more broadly.
The results of the 2018 national survey are more detailed and more robust than ever before, with more than 10,000 Australians surveyed—five times the number of people who have participated in previous years.
The survey findings will inform the Commission's work on the National Inquiry, by providing a base against which we the Commission consider the extensive information that the Commission will gather through research and consultations.
Access the report: Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces (2018).
What is sexual harassment?
Sexual harassment is defined in the Sex Discrimination Act 1984 (Cth) as any unwelcome sexual advance, request for sexual favours or conduct of a sexual nature in relation to the person harassed in circumstances where a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
Get more information about complaints under the Sex Discrimination Act.
Latest news
- National Inquiry - July update - 8 July 2019
- National Inquiry - May update - 17 May 2019
- National Inquiry - March update - 2 April 2019
- National Inquiry - February update - 28 February 2019
- National Inquiry - January update - 31 January 2019
- National Inquiry - December update - 20 December 2018
- Submission Deadline Extended - 18 December 2018
- National Inquiry - November update - 30 November 2018
- Workplace Sexual Harassment Inquiry - Call for limited waiver of NDAs - 20 November 2018
- National Inquiry – October update - 29 October 2018
- National Workplace Sexual Harassment Inquiry – Conversation toolkit - 24 October 2018
- Consultations begin for the National Workplace Sexual Harassment Inquiry - 25 September 2018
- Everyone’s Business: 2018 Sexual Harassment Survey - 12 September 2018
- Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces - 12 September 2018
- World-first national inquiry into workplace sexual harassment - 20 June 2018
- Launch speech by Kate Jenkins, Sex Discrimination Commissioner - 20 June 2018
- Media Release - 20 June 2018
FOLLOW us on Twitter and Facebook #AusWSH #EveryonesBusiness
Get involved
Here are some ways you can get involved in the National Inquiry:
- Facilitate a conversation with your colleagues or community group using the National Inquiry Conversation Toolkit
- Subscribe for updates about the National Inquiry, and/or encourage others to register
- Promote the National Inquiry through your networks to encourage others to get involved
- Share the findings of the 2018 workplace sexual harassment survey with your networks
- Follow the Sex Discrimination Commissioner on:
Facebook - http://www.facebook.com/SexDiscrimination/
Use the hashtags #AusWSH and #EveryonesBusiness
Terms of Reference
The National Inquiry is being conducted pursuant to sections 11(1)(a), 11(1)(e), 11(1)(f), 11(1)(g), 11(1)(j), 11(1)(k) and 11(1)(p) of the Australian Human Rights Commission Act 1986 (Cth).
The National Inquiry will review and report on:
- a national survey of the prevalence, nature and reporting of sexual harassment in Australian workplaces, by sector
- online workplace-related sexual and sex-based harassment and the use of technology and social media to perpetrate workplace-related sexual and sex-based harassment
- the use of technology and social media to identify both alleged victims and perpetrators of workplace-related sexual harassment
- the drivers of workplace sexual harassment, including whether:
- some individuals are more likely to experience sexual harassment due to particular characteristics including gender, age, sexual orientation, culturally or linguistically diverse background, Aboriginal and/or Torres Strait Islander status or disability
- some workplace characteristics and practices are more likely to increase the risk of sexual harassment
- the current legal framework with respect to sexual harassment
- existing measures and good practice being undertaken by employers in preventing and responding to workplace sexual harassment, both domestically and internationally the impacts on individuals and business of sexual harassment, such as mental health, and the economic impacts such as workers compensation claims, employee turnover and absenteeism, and
- recommendations to address sexual harassment in Australian workplaces.
In conducting the National Inquiry the Commission will have regard to the economic impact of sexual harassment in the workplace, drawing on economic modelling.
Additionally, three years after the release of the National Inquiry report (the Report), the Australian Human Rights Commission will:
- conduct an assessment of any changes in the prevalence, nature and reporting of sexual harassment in Australian workplaces since the National Inquiry, and
- make any further recommendations necessary to address sexual harassment in the workplace.
The National Inquiry is being conducted pursuant to the Commission’s functions under the Australian Human Rights Commission Act 1986 (Cth). The focus of the inquiry is on the nature and prevalence of sexual harassment in Australian workplaces, the drivers of this harassment and measures to address sexual harassment in Australian workplaces. The Commission’s focus will be these systemic issues, and for this reason the Commission will not be investigating or making findings about individual allegations of sexual harassment as part of the inquiry.
Individual complaints
The focus of the inquiry is on the nature and prevalence of sexual harassment in Australian workplaces, the drivers of this harassment and measures to address sexual harassment in Australian workplaces.
The Commission will not be investigating or making findings about individual allegations of sexual harassment as part of the Inquiry.
The Commission’s National Information Service can assist individuals seeking information on discrimination, human rights and sexual harassment.
The Commission’s National Information Service can be contacted at infoservice@humanrights.gov.au or 1300 656 419
Getting support
If you have experienced sexual assault or sexual harassment and feel you would like to speak to someone for support or information, 1800RESPECT (Phone: 1800 737 732) can provide counselling 24-hours a day, 7 days a week.
Details of the sexual assault support services in each state and territory can be found.
If you are feeling unsafe right now, call 000.