Employers in Australia Might Face Penalties for Ignoring Harassment

A landmark report by the Australian Human Rights Commission warns that employers who ignore workplace sexual harassment requirements could face civil penalties.

HR Policy Global’s Take: The report outlines 11 key recommendations, including law reforms to limit confidentiality agreements and increased funding for support services. More importantly, it Introduces civil penalties for non-compliance with a "positive duty" under the Sex Discrimination Act.

The recommendations include:

• Reduce barriers to information: Fund specialist organizations to deliver accessible and culturally appropriate education and outreach on workplace sexual harassment (WSH).
• National media campaign: Deliver a campaign to drive behavioral and cultural change on WSH, building awareness, and promoting prevention.
• Reduce barriers to safety: Resource the Australian Human Rights Commission to conduct the sixth National Survey on Sexual Harassment in Australian Workplaces in 2026.
• Workplace Gender Equality Act amendments: Amend to require data collection on experiences of workers with diverse backgrounds and introduce numeric targets for visibility and accountability.
• Child and youth safety: Strengthen the safety and wellbeing of children and young people at work by addressing legislative inconsistencies and integrating WSH education into high school curriculums.
• Migrant and refugee worker support: Improve safety and access to justice by reducing immigration-related barriers and expanding the list of approved accreditors for the Migrant Justice Visa.
• Evaluate progress of Respect@Work: Evaluate the effectiveness of all Respect@Work recommendations and ensure ongoing commitments to address gaps.
• Increase workplace transparency: Amend the Sex Discrimination Act to restrict confidentiality agreements in WSH cases and update guidelines on non-disclosure agreements.
• Improve reporting outcomes: Update national guidance on trauma and violence-informed responses to enhance trust in complaint systems.
• Expand trauma-informed responses: Resource an organization to develop restorative justice guidelines and pilot a program with lived-experience experts.
• Strengthen employer accountability: Amend legislation to enable better information sharing and introduce penalties for breaches of the Positive Duty, imposes a legal obligation on organizations and businesses to take proactive and meaningful action to prevent relevant unlawful conduct from occurring in the workplace or in connection to work.  

Actions that employers can take: Global employers operating in Australia should closely monitor changes and begin reviewing their current policies and practices related to workplace sexual harassment.