Sex Discrimination and Fair Work (Respect at Work) Amendment 2021

✦ Plain-English Summary

# Sex Discrimination and Fair Work (Respect at Work) Amendment 2021

## What it does
This law strengthens protections against sexual harassment in Australian workplaces by updating the Fair Work Act and Sex Discrimination Act. It gives workers clearer rights to complain about sexual harassment and gives the Australian Human Rights Commission more time to investigate these complaints.

## Why it matters
Sexual harassment at work is now formally recognised as a workplace issue that employers need to address, not just a discrimination problem. This means workers have better pathways to get help and complaints won't get dismissed just because time has passed.

## Key details
- **Complaint timeframes**: If you're reporting sexual harassment, you now have up to **24 months** to lodge a complaint (double the previous 6-12 month window for other discrimination cases). This gives people more realistic time to come forward.
- **Workplace definition**: Sexual harassment is now explicitly listed as something employers must prevent under Fair Work laws, putting it on equal footing with bullying and other harmful behaviour.
- **Commencement**: The law came into effect the day after it received Royal Assent (in 2021), so these protections are already active.

Official Description

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; Fair Work Act 2009 to: provide that a worker who is sexually harassed at work may apply for a Fair Work Commission (FWC) order to stop the sexual harassment; provide that the FWC can make an order to stop sexual harassment following a single instance of sexual harassment; provide that sexual harassment in connection with an employee’s employment can be a valid reason for dismissal; and extend the minimum entitlement for compassionate leave in relation to miscarriage; and Sex Discrimination Act 1984 to: prohibit discrimination involving harassment on the ground of sex; extend the application of the Act to members of parliament, members of the ACT and Northern Territory legislative assemblies and their staff, judges, staff and consultants employed under the Members of Parliament (Staff) Act 1984 , state employees, including independent contractors; and the public authority of a state; and include definitions of 'worker' and 'persons conducting a business or undertaking' to extend the protection from sexual harassment to all paid and unpaid workers, including volunteers, interns and the self-employed.

Committee Referrals

Senate Education and Employment Legislation Committee

Full bill PDF →APH page →

Audit History

Introduced

24 June 2021

Last updated on APH

10 Apr 2026

Outcome date

10 Sept 2021

Last checked by Crossbench

2 days ago

Full text indexed

2 days ago

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

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