Session 4: An Update on Respect@Work

Enforcement Surge Ahead

The Respect@Work initiative stems from the 2020 Australian Human Rights Commission report, which revealed pervasive sexual harassment in workplaces. Legislative reforms followed, culminating in the 2022 Anti-Discrimination and Human Rights Legislation Amendment Act. This introduced a positive duty for employers—persons conducting a business or undertaking (PCBUs)—to take reasonable measures to eliminate sex-based discrimination and harassment.

What changed recently is the maturation of enforcement. The Commission's powers to investigate and enforce began in December 2023, but 2025 marked the first full year of active monitoring. Audits targeted high-risk industries, uncovering gaps in prevention strategies. By early 2026, reports of non-compliance have led to initial compliance notices, signaling a shift from awareness to accountability.

Real-world impacts hit employers and employees alike. Businesses, especially small and medium enterprises, bear costs for training, policy overhauls, and risk assessments—estimated at thousands per organization annually. Workers in vulnerable sectors gain stronger protections, but inaction leaves them exposed to ongoing harm. Over 50% of Australians have faced workplace sexual harassment, per the original report, with recent cases showing victims securing damages through courts.

Stakes include deadlines for compliance reviews, with the Commission able to seek federal court orders for failures. Fines for corporations can reach $250,000 under related anti-discrimination laws, plus reputational damage from public inquiries. Risks of inaction escalate with new state laws: New South Wales' Workplace Protections Act 2025 commences in phases through 2026, enhancing safety duties.

Non-obvious angles include trade-offs between prevention and operational burdens. Small businesses argue the positive duty disproportionately affects them, lacking resources for 'reasonable and proportionate' measures—a term open to interpretation. Tensions arise from political changes; Queensland's 2024 reforms were paused after a government shift, creating uneven national standards. Surprising data shows voluntary policy updates by some firms, driven by insurance pressures rather than regulation alone. Counterarguments from industry groups highlight potential overreach, where broad duties might stifle workplace culture without clear evidence of effectiveness.