Call to end NDAs in sexual harassment cases
The Australian Human Rights Commission has called on the government to restrict the use of confidentiality and nondisclosure agreements in workplace sexual harassment cases, and hit employers with civil penalties if they fail to take proactive steps to prevent discrimination and sexual harassment.
The two recommendations were made in the independent body's Speaking from Experience report into combating workplace sexual harassment.
Out of the 11 recommendations, the body said Australian laws should mirror legislation in Ireland that prevent workplaces from imposing NDAs and confidentiality agreements on victims, which are commonly used as a condition of receiving compensation for harassment.
Sex Discrimination Commissioner Anna Cody said while the use of the contracts were 'decreasing' she said lawyers and HR departments were still 'unaware that they are optional'.
'We're saying restrict them so they're not used unless the person who's experienced the workplace sexual harassment requests it,' she told NewsWire. Sex Discrimination Commissioner Dr Anna Cody said NDAs and confidentiality agreements should be restricted in sexual harassment cases and only used when requested by the victim. NewsWire Handout Credit: Supplied
'I think they are mostly used to protect the reputation of the harasser and of the employer but I think (we need to remember) that employers will gain their reputation from taking action against harassers.'
The report also called on the Albanese government to amend the Australian Human Rights Commission Act 1986 to be amended to include civil penalties for employers who breach their positive duty, or their legal obligation to eliminate, as far as possible, all forms of sexual discrimination, workplace sexual harassment, sex based harassment and victimisation.
It said this may 'place greater responsibility' on workplaces and organisation to address workplace sexual harassment,' and put the onus on regulators to enforce laws, while also shift 'the responsibility away from individuals to bring legal action'.
Dr Cody said the penalties would ideally be financial in nature and give regulators another 'tool' to hold employers to account.
'If we had to go to court and there was still non compliance, it just adds it's an additional possibility that we could be seeking in terms of them complying with their duties under the Sex Discrimination Act and the positive duty within that,' she said.
The 88-page report, which included interviews with more than 300 Australian workers with lived experience, included a total of 11 recommendations aimed at reducing barriers to information, safety and to workers accessing support after facing harassment.
It also called for removing impediments for victim-survivors being heard and barriers to justice and accountability.
Among the recommendations were also demands for a specialist organisation to deliver 'accessible and culturally appropriate education and outreach on workplace sexual harassment,' plus a national media campaign to drive cultural and behavioural change.
Speaking about the report more broadly, Dr Cody called on law-makers to listen and act on the advice given by the victim-survivors who were interviewed.
'We've listened to over 300 people and really learned deeply about the different ways in which workplace sexual harassment happens,' she said.
'Harassers really do focus on those who are most marginalised in a workplace, such as culturally, racially marginalised people, LGBT+ people, First Nations people and we really need to understand that the ways in which that happens,' she said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
7NEWS
30 minutes ago
- 7NEWS
Australian opener Usman Khawaja refuses interview with SEN following decision to sack Peter Lalor
Australian opening batter Usman Khawaja has refused an interview with radio broadcaster SEN after Day 1 of the first Test against West Indies. Khawaja was scheduled to speak to SEN Radio commentators Adam Collins and Bharat Sundaresan on the field at Kensington Oval on Thursday (AEST). But the 38-year-old reportedly told the pair he would not be speaking to them once he realised it was for SEN. The Age reports Khawaja's refusal stems from SEN's decision to sack veteran journalist Peter Lalor in February. Lalor was axed from SEN's coverage midway through Australia's tour of Sri Lanka due to his social media activity around the Israel-Palestine conflict. At the time, Khawaja was a vocal supporter of Lalor. 'Standing up for the people of Gaza is not antisemitic nor does it have anything to do with my Jewish brothers and sisters in Australia, but everything to do with the Israeli government and their deplorable actions,' Khawaja posted on Instagram in February. 'It has everything to do with justice and human rights. Unfortunately hatred towards the Jewish and Muslim community will always exist. Pete is a good guy with a good heart. He deserves better.' Lalor, who is in the West Indies covering the series for Cricket Et Al, released a fresh statement supporting Khawaja. 'Usman is a man of principle whose support I valued greatly when I was dismissed and whose ongoing support I appreciate,' he said in a statement to The Age. Earlier this year, Lalor explained his dismissal from SEN that came on the final day of the first Test in Galle. 'I was asked by station boss Craig Hutchison, who was civil, if I didn't care that my retweeting of events in Gaza made Jewish people in Melbourne feel unsafe,' he said. 'I said I didn't want anyone to feel unsafe. Of course, I care. I have friends who are frightened and have heard the fear in their voices during conversations. It is an awful situation. But so is Gaza. It was a brief and cordial call. 'The following day Hutchison told me that because the 'sound of my voice made people feel unsafe' and that people are 'triggered by my voice', I could not cover the cricket for them any more.' Khawaja made a hard-fought 47 on a tough opening day in Bridgetown where 14 wickets fell. The Aussies were dismissed for a disappointing 180 before ripping through West Indies' top order to leave the hosts 5-74 at stumps.
Courier-Mail
an hour ago
- Courier-Mail
Australia deploying plane, ADF personnel to Europe in NATO pledge
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News. Australia is deploying a surveillance plane and some 100 defence personnel to Poland in a major pledge to NATO allies. The move comes amid growing fears Russia's war in Ukraine could spill over the border and trigger a much broader conflict in Europe. Deputy Prime Minister Richard Marles announced the deployment from the NATO Summit in the Netherlands overnight. 'We just concluded a really successful summit here at the NATO gathering in The Hague,' Mr Marles told reporters. 'We have been able to announce that we will be deploying an E-7 Wedgetail to Poland in August for a three-month rotation, which will help support Ukraine in its struggle and defiance against Russia. 'There will be about 100 Australian personnel who come with that asset.' Australia is deploying an E-7A Wedgetail and some 100 defence personnel to Europe amid fears Russia's war in Ukraine could spread. Picture: NewsWire / Martin Ollman Mr Marles, who is also defence minister, said Australia slapped further 'financial and travel sanctions on 37 individuals and seven entities' related to Russia's 'defence, energy and … other critical sectors'. The commitment builds on an agreement signed at the summit to deepen defence industry co-ordination as Australia and NATO countries scramble to ramp up production and procurement. Mr Marles said it would help both parties spend smarter – somewhat of a mantra for the Albanese government as it resists US calls to boost Australia's defence budget. He said the summit 'reaffirmed the connection that exists between the Indo Pacific on the one hand and the North Atlantic on the other'. 'We are obviously focused on the Indo Pacific in terms of our own strategic landscape, but what's happening here in Europe is having an influence on the strategic landscape in the Indo Pacific,' Mr Marles said. 'And as we seek to focus on the Indo Pacific, we really need to have an eye on what's occurring here, which is why this meeting has been so important and has grown importance over the last few years. And I see it as being very important as we go into the future.' Still no Trump meet Among the summit's attendees was Donald Trump. Neither Anthony Albanese nor any of his senior ministers have had an in-person meeting with the US President since his inauguration in January, driving concerns about the Prime Minister's management of the Australia-US alliance. Mr Marles was close to meeting Mr Trump as part of talks with the Indo Pacific Four (IP4), but a last-minute schedule change dashed chances of a face-to-face. US President Donald Trump attended the NATO Summit in the Netherlands. Picture: AFP / Nicolas Tucat Mr Marles said it was a 'really important meeting with the (NATO) Secretary General' all the same, stressing that fellow IP4 countries Japan, Korea and New Zealand 'are deeply important in terms of Australia's strategic interests'. 'In respect of all of them, we really are at a high point of our bilateral relationship, and we are working increasingly as a team,' he said. He added that having 'the best lines of communication possible with NATO, to be working as closely as possible with NATO is very much in the advantage of the four of us in terms of how we jointly assert our national interests within the Indo Pacific'. 'And it was a very important meeting in respect of that,' Mr Marles said. He also said he did not get to meet US Defence Secretary Pete Hegseth. They last met on the sidelines of the Shangri La Dialogue in Singapore earlier this month. Mr Hegseth used the meeting to call on the Albanese government to lift defence spending to 3.5 per cent of GDP, igniting a major debate in Canberra and fuelling criticisms that Australia is ill-prepared to defend itself against an increasingly aggressive China. Mr Marles said it was not disappointing he did not get to meet his US counterpart. 'I'm in contact with Pete,' he said. 'We met in Singapore just a few weeks ago, and I met him literally a few months before that.' He said there would 'be opportunities to be able to further the conversations that need to be had with Pete Hegseth in the future'. No budge on budget NATO members agreeing to boost defence spending to 5 per cent of GDP was the key outcome of this week's summit. The collective commitment is a major win for Mr Trump, who has threatened to drop US military support for Europe it did not spend more. Mr Marles said it was 'obviously a very significant decision has been made here in relation to European defence spending', but noted it was 'fundamentally a matter for NATO'. Deputy Prime Minister Richard Marles says he is not disappointed he did not meet US President Donald Trump or his US defence counterpart Pete Hegseth. Picture: NewsWire / Martin Ollman 'We've gone through our own process of assessing our strategic landscape, assessing the threats that exist there, and the kind of defence force we need to build in order to meet those threats, to meet the strategic moment, and then to resource that,' he said. 'And what that has seen is the biggest peacetime increase in Australian defence spending that we have seen in our history.' Mr Marles said the Albanese government's position was 'understood' by NATO. Finance Minister Katy Gallagher echoed the position when fronting media on Thursday, saying Labor had 'put billions of dollars into defence'. 'But I would again say in the last three years we put $11bn across the forward estimates and $57bn into defence over the medium term,' she told the ABC. 'We've been able to do that at a time we have put increases into health, and other important social programs. 'So … it is a balancing act. But the government's job is to make sure that all areas of government are funded properly, including defence.' While the Albanese government has committed record cash for the defence budget, much of it would not kick in until after 2029. With the Australia itself predicting a major global conflict by 2034 and some analysts warning of a US-China conflict before 2030, critics have argued the money is not flowing fast enough and instead tied up in longer-term projects at the cost of combat-readiness. Originally published as Australia deploying plane, ADF personnel to Poland in NATO pledge
Perth Now
an hour ago
- Perth Now
‘Difficult': Update for stranded Aussies
Dozens of Australians fleeing Israel have been evacuated from Tel Aviv on a second government-assisted flight, NewsWire understands. Twenty-Nine Australians and their immediate family members were on-board the plane overnight after Israel opened its airspace amid a ceasefire with Iran. It is unclear how long the ceasefire will hold and the airspace could shut again with little-to-no notice. Some 300 Australians were offered seats on the latest flight, which was supported by defence and diplomatic personnel. Senior minister Katy Gallagher said on Thursday the government was 'providing further assisted travel'. Australian defence personnel have assisted Australians evacuating Israel. NewsWire / ADF / CPL Adam Abela Credit: NewsWire 'We've had defence assets in the region ready to go for when air space opens up,' she told the ABC. 'We had 4000 Australians register in both Iran and Israel who have indicated they would like to come home. 'And so, those flights have helped with that. 'As airspace opens and more commercial options are available, we would expect to see more Australians coming home through those options as well.' Earlier this week, 119 Australians were evacuated from Tel Aviv on a government-assisted flight. As for Iran, Senator Gallagher said the situation was harder. Australia closed its embassy in Tehran and moved diplomatic operations to neighbouring Azerbaijan last week. 'That's obviously the most difficult country to return home from,' she said. 'We have (Department of Foreign Affairs and Trade) staff assisting on the border of Azerbaijan and they will continue to be there. 'But, I haven't been advised of any further changes to essentially how people are able to get out of Iran. 'It is difficult.' Senator Gallagher said the government was 'hoping that if the ceasefire holds … we would be able to see further options available to people'. 'Because obviously they are the ones that are really wanting to return home as soon as possible,' she said.
