There will soon be an easier path for victims of workplace sexual harassment to pursue legal action against perpetrators.
An amendment to the Australian Human Rights Commission Act will stop federal courts from ordering victims to pay the huge legal costs if they lose the litigation.
The Costs Protection Bill, which was passed in parliament today, was added to the act to remove the financial block for victims taking their perpetrators to court.
READ MORE: Desperate search for missing dad ends in tragedy
Previously, a huge percentage of victims in Australia would avoid pursuing court action over fear of the huge adverse costs, also known as the other side’s legal bills.
Only 1 in 230,000 survivors of workplace sexual harassment bring proceedings to an Australian court, according to research by the Australian Coucil of Trade Unions (ACTU).
This new amendment applies to all Commonwealth sexual harassment and anti-discrimination laws and will restrict courts from ordering applicants to pay respondents’ costs, except in limited cases.
READ MORE: Daylight saving begins in October. Here’s everything to know
It’s part of Labor’s Respect@Work recommendations, which the Albanese government committed to implement when it came into power.
ACTU president Michele O’Neil said the landmark bill amendment was a huge step in making court processes for victims far less daunting and financially prohibitive.
“Victim-survivors of workplace sexual harassment now have a fair chance to seek justice without the fear of financial ruin holding them back,” O’Neil said.
“No worker should be priced out of justice when they have experienced sexual harassment and discrimination.
READ MORE: Diddy denied bail as shock texts are read out in court
“Every day, in every sector, in every part of the country, unions represent workers experiencing harassment and discrimination at work.”
Katherine McKernan, National Legal Aid executive director, said Australia still has a way to go in combatting high rates of workplace sexual harassment.
“It is important that people who are disadvantaged can access justice if they experience discrimination,” she said.
“It is heartening to see the Government listening to both victim-survivors and those organisations that work with the most disadvantaged to design a system that removes barriers to seeking redress from workplace discrimination and sexual harassment.”
If you or someone you know is impacted by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
links to content on ABC
9News
