In a landmark move, the Australian Government has introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 to Parliament on 15 November 2023. This Bill has the potential to revolutionise the legal landscape regarding discrimination claims in Australia.
The Bill introduces a modified equal access costs model into federal anti-discrimination law, a significant reform in the battle against workplace discrimination and sexual harassment.
This model ensures that individuals who bring forward claims of discrimination and sexual harassment can recover their legal costs if successful. Importantly, victims are shielded from bearing the legal costs if their claim fails, barring certain exceptions.
This approach mitigates the economic risks of being financially crippled by the legal costs of the accused or their employers in case of an unsuccessful claim. It is also a significant step towards ensuring that perpetrators of sexual harassment and discrimination are held accountable.
The reform sends a clear message against sexual harassment and discrimination.
In addition to the modified equal access costs model, from 12 December 2023, the Australian Human Rights Commission will have new powers to investigate and enforce compliance with the positive duty on organisations and businesses to eliminate sexual and sex-based harassment and discrimination in the workplace, including any acts of victimisation.
This shifts the obligation onto employers to foster a safe and respectful work environment.
The FSU (as part of the Power2Prevent Coalition) applauds the Government’s commitment to these reforms and acknowledges the courageous efforts of those who have experienced sexual harassment and discrimination and spoken out for change.
This Bill is not just about reforming the legal system; it’s about reshaping our workplace culture to be more equitable and safer for everyone.
You can read the full Power2Prevent joint statement here.
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