Queensland Government’s ‘Respect at Work’ Bill successfully passes

On 10 September 2024, the Queensland Government passed the Respect at Work and Other Matters Amendment Bill 2024 (Qld) (the Bill). The Bill followed the findings of the Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces Report and the Building Belonging – Review of Queensland’s Anti-Discrimination Act 1991 which found serious gaps between public understanding and the available protections. As a result of the Bill, employers will have, come July 2025, a positive duty to protect their employees from discrimination, sexual harassment, harassment on the basis of sex and other objectionable conduct as far as possible.

Key changes to the Anti-Discrimination Act 1991 (Qld)

Inclusion of new protected attributes

In addition to the 17 protected attributes which already exist in the Anti-Discrimination Act 1991 (Qld) (the Act), the Bill has introduced six further attributes which will broaden the scope of protection available, namely:

• expunged conviction (being an expunged conviction under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017)
• homelessness (which is not defined)
• irrelevant criminal record (where a charge has lapsed, been withdrawn, discharged, struck out or conviction quashed or set aside, amongst other things)
• irrelevant medical record (being a record not directly relevant to the situation in which it is being considered)
• physical appearance (being a person’s weight, size, height, presence of a birthmark or scar or other characteristic because of another attribute or that is not freely chosen)
• subjection to domestic or family violence (being domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012).

Expansion of existing protected attributes

The Bill has expanded the definitions of six existing protected attributes, namely:

• family, carer or kinship responsibilities (formerly, family responsibilities)
• parental status (inclusion of step, adoptive or foster parents, guardians, and persons regarded as a parent in Aboriginal and Torres Strait Island cultures)
• potential pregnancy (formerly, pregnancy)
• race (inclusion of immigration or migration status, as well as caste)
• sexual orientation (formerly, sexuality)
• trade union activity (being activities involved with registered employee organisations, as well as the decision for a person to not be involved or become a member).

Changes to harassment

Harassment on the basis of sex

In preparing the Bill, drafters considered the disconnect between the protections under the Sex Discrimination Act 1984 (Cth) and the public’s understanding of these protections. In bridging this gap, the changes seek to provide protections where conduct does not necessarily meet the threshold for ‘sexual harassment’ under the Act but is otherwise discrimination on the basis of sex.

The changes mean that harassment on the basis of sex will include behaviour where a person:

• engages in unwelcome conduct of a demeaning nature in relation to another person
• engages in the conduct on the basis of the sex of the person harassed
• engages in the conduct with the intention of offending, humiliating or intimidating the other person
• where a reasonable person would anticipate the possibility of that outcome.

Work environment that is hostile on the basis of sex

The Bill also addresses the disconnect between the existing sexual harassment prohibitions (conduct which can fall to indirect discrimination on the basis of sex) and the public’s understanding of the protections. As such, the Bill has introduced a new prohibition on subjecting another person to a work environment that is hostile on the ground of sex.

Although this prohibition only relates to the attribute of sex, a complainant will be able to argue that a person has imposed a term (i.e. indirect discrimination) that constitutes indirect discrimination by creating or facilitating a work environment that is hostile on the basis of an attribute other than sex.

Power to investigate and enforce positive duty

Employers will need to be proactive and not reactive, as far as possible, in preventing conduct which would amount to discrimination, sexual harassment, harassment on the basis of sex and other objectionable conduct. In practical terms, employers should look to (amongst other things):

• ensuring there are organisational policies that address respectful behaviour in the workplace, and regularly reviewing and updating these policies
• providing training to employees on anti-discrimination and harassment laws
• establishing clear procedures for reporting and handling complaints of discrimination and harassment and, where appropriate, engage in disciplinary discussions where disrespectful or unlawful conduct is occurring
• engaging in clear and regular discussions with employees about the expectations of respectful behaviour.

The Bill also empowers the Queensland Human Rights Commission to investigate:

• a person’s compliance with the positive duty if the Commissioner suspects that the person is not complying
• any matter relating to a contravention on the basis of sex that is or is suspected to be systemic and is a work-related matter, if the Commissioner believes that doing so would help achieve the purposes of the Act.

Takeaway

By introducing a positive duty into the Act, the anti-discrimination scheme in Queensland will more closely reflect the duties imposed on employers in Victora, Australian Capital Territory, Tasmania, and the Northern Territory, and bring the Act into alignment with other key federal instruments in the discrimination space. Employers should consider what practical steps can be taken to equip them ahead of the changes, most of which will come into effect from 1 July 2025.

If you have any questions about the article or need assistance in understanding your duty as an employer, please get in touch with our team below.

Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future

Published by:

Rachel Drew

Emily Trompf, Sophie Wyatt

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