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These two men want an extra hurdle for sexual harassment claims. It will cost millions

These two men want an extra hurdle for sexual harassment claims. It will cost millions

The push by the NSW Liberals and rogue MP Mark Latham to introduce an extra test for sexual harassment claims would remove all types of bullying from workers' compensation and put more financial pressure on struggling schemes, an analysis for NSW Treasury shows.
Liberal upper house leader Damien Tudehope and Latham have jointly written amendments to the government's workers' compensation bill, proposing changes to the definition of sexual harassment as well as axing claims made for excessive work demands and vicarious trauma.
The move has heaped pressure on the Liberals for teaming up with Latham, who has been accused of domestic violence against his ex-partner, which he emphatically denies, as well as inappropriate workplace behaviour, including taking photos of female MPs. He has apologised to the women.
Under the Tudehope-Latham amendments, a person who makes a sexual advance towards a colleague would need to have known, or should have known, that the advance was unwelcome.
Treasury secretary Michael Coutts-Trotter asked the state insurer icare, on behalf of Tudehope, to prepare costings for the amendments. Analysis shows that the private sector scheme, known as the nominal insurer, would be almost $800 million worse off under the pair's proposed changes.
The costings, which have been provided to Tudehope, show that the government bill would save the nominal insurer between $4.31 billion and $4.41 billion over the four years to 2029, while the amendments would lead to smaller savings of between $3.53 billion and $3.63 billion.
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Opposition Leader Mark Speakman has insisted that changes to the definition of sexual harassment would still protect workers from 'ignorant bigots' but wouldn't necessarily allow employees to claim compensation if a colleague 'makes a pass' at them.
However, the analysis from icare said the 'amendments will require intent of the perpetrator to harm to be established by an injured worker before compensation for a primary psychological injury caused by bullying, racial and sexual harassment may be paid'.
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