Employers now have a "positive duty" to eliminate discrimation and harrassment
Queensland Teachers' Journal, Vol 129 No 8, 1 November 2024, page no. 12
When the Queensland Parliament passed the Respect at Work and Other Matters Amendment Bill 2024 (Qld) on 10 September, it was a significant step forward for QTU members.
The bill amends the Anti-Discrimination Act 1991 (AD Act) to implement key reforms from the Respect@Work Report. Effective from July 2025, the bill amends the AD Act to “introduce a new positive duty that requires employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment, harassment on the basis of sex and other objectionable conduct as far as possible.”
QTU members would be familiar with the AD Act, which makes unfair discrimination, sexual harassment, vilification, and victimisation unlawful in Queensland. It includes 17 characteristics that are protected from discrimination. The newly introduced bill has expanded six of these and introduced six more. These include physical appearance, subjection to domestic and family violence, and irrelevant medical record, among others.
The changes to harassment are significant, with the bill including protection from harassment and hostility on the basis of sex, rather than just sexual harassment. This means a person cannot engage in unwelcome conduct which is demeaning in nature or on the basis of sex with the intention of offending, humiliating or intimidating another person. They also cannot engage in such conduct if a reasonable person would anticipate that another person could be offended, humiliated or intimidated.
Importantly, the bill means that duty holders must actively enforce measures to protect their employees, rather than waiting for complaints to be made. Essentially, they must take proactive preventative steps. Examples supplied by the bill’s publicly available explanatory notes include organisational policies which address the importance of respectful workplace behaviour, ensuring information is easily available, and engaging in discussions with employees who are displaying conduct that may be disrespectful and unlawful under the AD Act.
QTU Executive and Women Teachers and Girls' Education Committee member Lisa Broadhurst described the reforms as timely.
“Out in the community, it is unacceptable to sexually harass people or to discriminate against them based on their sex, age, ethnicity, their gender identity or whether they have a disability. It’s about time we had the same expectations as workers within the school gates,” she said.
“To me, this is about more than just a better complaints process. It’s about preventing discrimination on the basis of attributes like pregnancy or trade union activity. It’s about calling out sexual harassment. It’s about stopping hostility on the grounds of sex. Too often, we hear 'I just want it to stop.' The bill means that our employer must now do what it can to prevent the behaviour occurring in the first place."
The QTU welcomes the bill and looks forward to measures which prevent and respond to discrimination, sexual harassment, harassment on the basis of sex, and other objectionable conduct. Such improvements are important for QTU members and are a step forward for future generations.