Out of the shadows

World-first inquiry puts sexual harassment laws in spotlight

AUSTRALIA’S sexual harassment laws could be overhauled and possible criminal charges introduced for offenders as a result of an inquiry into why the issue continues to plague many workplaces.

Sex Discrimination Commissioner Kate Jenkins will head the world-first inquiry, which has been backed by the Federal Government and will examine the prevalence, nature and reporting of sexual harassment across all industries. As part of her investigation, Ms Jenkins will consider the adequacy of existing laws that make sexual harassment unlawful at work before making recommendations to the Government by August 2019.

Ms Jenkins yesterday said she would consider “all options in terms of legal avenues”, including the possibility of criminal penalties for offenders. While sexual harassment has been outlawed for more than 25 years, one-in-five women and one-in-20 men have experienced it at work.

Ms Jenkins took up the idea for an inquiry into sexual harassment following the Harvey Weinstein scandal and subsequent #metoo movement that erupted late last year.

The inquiry comes as the Australian Human Rights Commission prepares to wrap up its fourth national survey into workplace sexual harassment, which is expected to show a significant increase when its released in August.

When Ms Jenkins took on the role of Sex Discrimination Commissioner two years ago she toured the country to hear from people about sexual harassment at work. She heard stories ranging from being raped by colleagues to being subjected to sexual comments at work.

“I remember one woman ... she worked in a hospital and one of the patients exposed himself,” Ms Jenkins said.

“She complained and got told, ‘Well he obviously likes you, do you want to have an affair with him?’ … Ultimately she said she felt she had no choice but to resign.”