It’s been a long time coming, but we’ve successfully removed a key deterrent for victim-survivors of workplace sexual harassment when deciding whether to pursue legal action against perpetrators.
The Federal Government’s Costs Protection Bill, which passed parliament last month, removes the risk of victim-survivors being burdened with the other side’s legal costs, which can result in significant debt or bankruptcy.
The FSU was a member of the Power to Prevent coalition, which included over 85 organisations pushing for this legislative change.
The new model, which allows workers to assert their rights in federal courts without fearing hefty costs, applies to all Commonwealth sexual harassment and anti-discrimination laws.
FSU member Kerryn King, who was involved in the union’s committee that played an active role in agitating for this change, said there were a lot of barriers for victim-survivors seeking justice, but this represented a good step towards better transparency and fairness.
“It’s a difficult thing to go to court and prove you have been mistreated, and it’s a difficult thing to have to stand up and say it,” said Kerryn.
“But I do think this will make a difference in terms of having one less thing to worry about.
“I know people who have had reasons for not bringing something forward, and even if this wasn’t the biggest reason, just bringing this up as something that has changed will give people more confidence.”
The change represents another shift in legislative reforms made in recent years to support victim-survivors of sexual harassment, including a new 2022 requirement for employers to actively prevent workplace sexual harassment and discrimination, rather than simply respond after it occurs.
More recently, the Victorian Government committed to banning employers from misusing Non-Disclosure Agreements in cases of workplace sexual harassment. You can read the FSU’s article on this here.
The FSU welcomes these changes and will continue to be part of the movement fighting to make our workplaces free of all sexual harassment.