Consent - and how it is defined and defended - goes to the heart of upholding women’s rights to bodily autonomy, agency and self-determination. Without control over their own bodies and selves, women are far less likely to be able to access broader legal, political and economic rights. Personal agency includes the right to decide freely when and with whom to have sex.
The Bill straight forwardly embraces the suite of recommendations made by NFAW and other commentators from the sector on remedying the deficiencies of the previous Government’s response to Respect@Work.
NFAW congratulates the Government on the introduction of an amendment to the Fair Work Act to provide 10 days of paid family and domestic violence leave as part of the National Employment Standards. NFAW is one of many organisations that have repeatedly sought such an amendment.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) is minimalist in its ambitions and achievements: indeed, many of its provisions are described by the government in its Explanatory Memorandum as merely clarifying existing provisions of the relevant legislation (paras 14, 18, 19, 21, 24 and 184).
NFAW is concerned that, while women want meaningful action to prevent sexual harassment, this consultation paper appears focused on reasons for legislative inaction. Over and over again, the consultation paper deploys the four standard reasons for not implementing critical amendments to Commonwealth anti-discrimination legislation.
Implements certain recommendations of the Australian Human Rights Commission report, Respect@Work. National Inquiry into Sexual Harassment in Australian Workplaces by amending the Australian Human Rights Commission Act 1986 to amend the definition of 'unlawful discrimination'; and extend the period of time between an alleged incident and the lodging of a complaint in relation to the President's discretion to terminate a complaint;
Rarely has there been a greater focus in Australia on gender equity. There is overwhelming national demand for equality and for cultivating a greater culture of respect. It is a pity that this interest has been generated by such flagrant breaches of the principles of equality and respect, but experience shows us that real action is often driven by attempts to clean up after massive failures.
