Two events this week have made me angry.
The first was Prime Minister Scott Morrison鈥檚 decision that his government would not adopt the聽聽of the Sex Discrimination Commissioner鈥檚聽report into sexual harassment in the workplace. The second was his opening address to the National Women鈥檚 Safety Summit on September 6.
聽found sexual harassment in workplaces to be 鈥渆ndemic鈥 and estimated the cost to the economy at $3.5 billion a year. Her聽Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces聽report had been handed to MPs in 2019.
The report documented the long-term health and wellbeing implications for people 鈥 mainly women 鈥 who experience harassment. It made 12 recommendations, but the federal government has agreed to only half of those in its new聽,聽which became law last week.
The new law prohibits the harassment of any person on the basis of sex.
Instead of six months, employees will now have 24 months to file a sexual harassment complaint with the Australian Human Rights Commission.
The law now recognises that sexual harassment is a health and safety issue in the workplace, like bullying. This means that victims can apply for an 鈥渙rder to stop sexual harassment鈥 through the Fair Work Commission.
The new law also expands the definition of what constitutes work and who does it, meaning that more workers at risk, as well as people working from home, will be covered.
Jenkins told the ABC鈥檚 The Drum that employers were trying to prove that someone was not at work when they were being harassed. 鈥淲e now have a better understanding that work is largely done when work is done, anytime and anywhere.鈥
Brittany Higgins鈥檚 allegations about being raped in the federal parliament building in the lead-up to the federal election in 2019 led to mass protests the following year by women demanding "Enough is enough".
Women experience sexual harassment and sexual violence, and are dying at a rate of one to two every week from violence perpetrated by a current or ex-partner. The rate of violence and sexual assault is much higher for Aboriginal and Torres Strait Islander women and children than for non-Indigenous women.
The pandemic lockdowns 鈥 without enough financial support 鈥 mean that women, who are more likely to have only causal work, are the worst affected by job losses. The choices for those in abusive relationships are extremely limited.
In addition, women who do report their sexual assaults are often traumatised all over again by the criminal justice system.
Despite this, community expectations about how sexual harassment and sex discrimination must be dealt with are changing rapidly.
This adds to the pressure on Morrison, who said in April: 鈥淚t is not only immoral and despicable and even criminal, but it also denies Australians, especially women, their personal security and their economic security by not being safe at work.鈥
However, the new law聽leaves out several key recommendations from Jenkin鈥檚 report. They are recommendations 17, 18 and 19 to amend the聽Sex Discrimination Act聽to include a positive duty on employers to take reasonable measures to eliminate sex discrimination, sexual harassment, and victimisation, supported by appropriate enforcement and inquiry powers, and recommendation 28 to amend the聽Fair Work Act聽to expressly prohibit sexual harassment, and introduce a new quick and easy complaints process.
The government also decided not to use the opportunity to include 10 days' paid family and domestic violence leave in the聽Fair Work Act, which would support women escaping violent relationships.
In an act of sheer gall, Morrison used his opening address to the National Women鈥檚 Safety Summit on September 6 to mouth more platitudes about the 鈥渦nacceptable鈥 level of violence against women in homes, workplaces and聽communities.
We need to stay angry and focused on what we need: the right to have a safe home, a safe workplace and safe communities with practical, available and fully supported services for people experiencing or fleeing violence.
We also need a justice system that recognises and responds quickly to victim/survivors of sexual violence, delivers results and does not retraumatise them.
[Zita Henderson is a health-care worker and a member of the Geelong Women Unionist Network (GWUN). She is Vice-President of Geelong Trades Hall.聽聽for a September 14聽online forum 鈥淛ustice for Women in Rape Cases鈥 hosted by GWUN聽and聽March4Justice Geelong, which will hear from the聽Victorian Law Reform Commission and the Centre for Innovative Justice and Victims of Crime.]